    [117th Congress Public Law 103]
    [From the U.S. Government Publishing Office]

                        PUBLIC LAW 117-103                   136 STAT. 49

    Public Law 117-103
    117th Congress

                                     An Act

    Making consolidated appropriations for the fiscal year ending September
     30, 2022, and for providing emergency assistance for the situation in
    Ukraine, and for other purposes. <<NOTE: Mar. 15, 2022 -  [H.R. 2471]>>

        Be it enacted by the Senate and House of Representatives of the
    United States of America in Congress assembled, <<NOTE: Consolidated
    Appropriations Act, 2022.>>
    SECTION 1. SHORT TITLE.

        This Act may be cited as the ``Consolidated Appropriations Act,
    2022''.
    SEC. 2. TABLE OF CONTENTS.

    Sec. 1. Short title.
    Sec. 2. Table of contents.
    Sec. 3. References.
    Sec. 4. Explanatory statement.
    Sec. 5. Statement of appropriations.
    Sec. 6. Adjustments to compensation.

           DIVISION A--AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG
          ADMINISTRATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2022

    Title I--Agricultural Programs
    Title II--Farm Production and Conservation Programs
    Title III--Rural Development Programs
    Title IV--Domestic Food Programs
    Title V--Foreign Assistance and Related Programs
    Title VI--Related Agencies and Food and Drug Administration
    Title VII--General Provisions

          DIVISION B--COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES
                            APPROPRIATIONS ACT, 2022

    Title I--Department of Commerce
    Title II--Department of Justice
    Title III--Science
    Title IV--Related Agencies
    Title V--General Provisions

           DIVISION C--DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2022

    Title I--Military Personnel
    Title II--Operation and Maintenance
    Title III--Procurement
    Title IV--Research, Development, Test and Evaluation
    Title V--Revolving and Management Funds
    Title VI--Other Department of Defense Programs
    Title VII--Related Agencies
    Title VIII--General Provisions

         DIVISION D--ENERGY AND WATER DEVELOPMENT AND RELATED AGENCIES
                            APPROPRIATIONS ACT, 2022

    Title I--Corps of Engineers--Civil
    Title II--Department of the Interior
    Title III--Department of Energy

    [[Page 136 STAT. 50]]

    Title IV--Independent Agencies
    Title V--General Provisions

      DIVISION E--FINANCIAL SERVICES AND GENERAL GOVERNMENT APPROPRIATIONS
                                    ACT, 2022

    Title I--Department of the Treasury
    Title II--Executive Office of the President and Funds Appropriated to
               the President
    Title III--The Judiciary
    Title IV--District of Columbia
    Title V--Independent Agencies
    Title VI--General Provisions--This Act
    Title VII--General Provisions--Government-wide
    Title VIII--General Provisions--District of Columbia

      DIVISION F--DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2022

    Title I--Departmental Management, Operations, Intelligence, and
               Oversight
    Title II--Security, Enforcement, and Investigations
    Title III--Protection, Preparedness, Response, and Recovery
    Title IV--Research, Development, Training, and Services
    Title V--General Provisions

        DIVISION G--DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND RELATED
                        AGENCIES APPROPRIATIONS ACT, 2022

    Title I--Department of the Interior
    Title II--Environmental Protection Agency
    Title III--Related Agencies
    Title IV--General Provisions

        DIVISION H--DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND
            EDUCATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2022

    Title I--Department of Labor
    Title II--Department of Health and Human Services
    Title III--Department of Education
    Title IV--Related Agencies
    Title V--General Provisions

             DIVISION I--LEGISLATIVE BRANCH APPROPRIATIONS ACT, 2022

    Title I--Legislative Branch
    Title II--General Provisions

        DIVISION J--MILITARY CONSTRUCTION, VETERANS AFFAIRS, AND RELATED
                        AGENCIES APPROPRIATIONS ACT, 2022

    Title I--Department of Defense
    Title II--Department of Veterans Affairs
    Title III--Related Agencies
    Title IV--General Provisions

        DIVISION K--DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND RELATED
                        PROGRAMS APPROPRIATIONS ACT, 2022

    Title I--Department of State and Related Agency
    Title II--United States Agency for International Development
    Title III--Bilateral Economic Assistance
    Title IV--International Security Assistance
    Title V--Multilateral Assistance
    Title VI--Export and Investment Assistance
    Title VII--General Provisions

     DIVISION L--TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, AND RELATED
                        AGENCIES APPROPRIATIONS ACT, 2022

    Title I--Department of Transportation
    Title II--Department of Housing and Urban Development
    Title III--Related Agencies
    Title IV--General Provisions--This Act

             DIVISION M--COVID SUPPLEMENTAL APPROPRIATIONS ACT, 2022

            DIVISION N--UKRAINE SUPPLEMENTAL APPROPRIATIONS ACT, 2022

                DIVISION O--EXTENSIONS AND TECHNICAL CORRECTIONS

    Title I--Flood Insurance

    [[Page 136 STAT. 51]]

    Title II--Immigration Extensions
    Title III--Livestock Reporting Extension
    Title IV--TVPA Extension
    Title V--Budgetary Effects

                          DIVISION P--HEALTH PROVISIONS

                         DIVISION Q--CONSUMER PROTECTION

                        DIVISION R--FAFSA SIMPLIFICATION

                          DIVISION S--VETERANS MATTERS

              DIVISION T--CREDIT UNION GOVERNANCE MODERNIZATION ACT

                DIVISION U--ADJUSTABLE INTEREST RATE (LIBOR) ACT

        DIVISION V--HAITI DEVELOPMENT, ACCOUNTABILITY, AND INSTITUTIONAL
                           TRANSPARENCY INITIATIVE ACT

       DIVISION W--VIOLENCE AGAINST WOMEN ACT REAUTHORIZATION ACT OF 2022

           DIVISION X--INTELLIGENCE AUTHORIZATION FOR FISCAL YEAR 2022

    DIVISION Y--CYBER INCIDENT REPORTING FOR CRITICAL INFRASTRUCTURE ACT OF
                                      2022

             DIVISION Z--ISRAEL RELATIONS NORMALIZATION ACT OF 2022

         DIVISION AA--TRANS-SAHARA COUNTERTERRORISM PARTNERSHIP PROGRAM

               DIVISION BB--EB-5 REFORM AND INTEGRITY ACT OF 2022

             DIVISION CC--BURIAL EQUITY FOR GUARDS AND RESERVES ACT

     DIVISION DD--AUTHORIZATION OF APPROPRIATIONS FOR HIGH TECHNOLOGY PILOT
                                     PROGRAM

               DIVISION EE--EXTENSION OF VISA WAIVER PROGRAM FEES

        DIVISION FF--AVAILABILITY OF TRAVEL PROMOTION FUND FOR BRAND USA

                   DIVISION GG--COOPERATIVE PROJECT AGREEMENT

                           DIVISION HH--OTHER MATTERS

    Title I--Continuing Education at Affected Foreign Institutions
    Title II--NASA Enhanced-Use Lease Extension Act of 2022
    Title III--CARES Act Semiannual Testimony
    Title IV--Hidden Figures Congressional Gold Medal
    Title V--Congressional Oversight of Sensitive Programs Not Covered by
               Other Provisions of Law
    Title VI--Firefighter Pay

    SEC. 3. <<NOTE: 1 USC 1 note.>>  REFERENCES.

        Except as expressly provided otherwise, any reference to ``this
    Act'' contained in any division of this Act shall be treated as
    referring only to the provisions of that division.
    SEC. 4. EXPLANATORY STATEMENT.

        The explanatory statement regarding this Act, printed in the House
    section of the Congressional Record on or about March 9, 2022, and
    submitted by the chair of the Committee on Appropriations of the House,
    shall have the same effect with respect to the allocation of funds and
    implementation of divisions A through L of this Act as if it were a
    joint explanatory statement of a committee of conference.

    [[Page 136 STAT. 52]]

    SEC. 5. STATEMENT OF APPROPRIATIONS.

        The following sums in this Act are appropriated, out of any money in
    the Treasury not otherwise appropriated, for the fiscal year ending
    September 30, 2022.
    SEC. 6. <<NOTE: 2 USC 4501 note.>>  ADJUSTMENTS TO COMPENSATION.

        Notwithstanding any other provision of law, no adjustment shall be
    made under section 601(a) of the Legislative Reorganization Act of 1946
    (2 U.S.C. 4501) (relating to cost of living adjustments for Members of
    Congress) during fiscal year 2022.

       DIVISION A-- <<NOTE: Agriculture, Rural Development, Food and Drug
            Administration, and Related Agencies Appropriations Act,
     2022.>> AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG ADMINISTRATION,
    AND RELATED AGENCIES APPROPRIATIONS ACT, 2022

                                     TITLE I

                              AGRICULTURAL PROGRAMS

                       Processing, Research, and Marketing

                             Office of the Secretary

                         (including transfers of funds)

        For necessary expenses of the Office of the Secretary, $54,710,000,
    of which not to exceed $7,203,000 shall be available for the immediate
    Office of the Secretary; not to exceed $1,353,000 shall be available for
    the Office of Homeland Security; not to exceed $2,215,000 shall be
    available for the Office of Tribal Relations; not to exceed $7,044,000
    shall be available for the Office of Partnerships and Public Engagement,
    of which $1,500,000 shall be for 7 U.S.C. 2279(c)(5); not to exceed
    $24,931,000 shall be available for the Office of the Assistant Secretary
    for Administration, of which $23,282,000 shall be available for
    Departmental Administration to provide for necessary expenses for
    management support services to offices of the Department and for general
    administration, security, repairs and alterations, and other
    miscellaneous supplies and expenses not otherwise provided for and
    necessary for the practical and efficient work of the Department:
    Provided, That funds made available by this Act to an agency in the
    Administration mission area for salaries and expenses are available to
    fund up to one administrative support staff for the Office; not to
    exceed $4,480,000 shall be available for the Office of Assistant
    Secretary for Congressional Relations and Intergovernmental Affairs to
    carry out the programs funded by this Act, including programs involving
    intergovernmental affairs and liaison within the executive branch; and
    not to exceed $7,484,000 shall be available for the Office of
    Communications:  Provided further, That the Secretary of Agriculture is
    authorized to transfer funds appropriated for any office of the Office
    of the Secretary to any other office of the Office of the Secretary:
    Provided further, That no appropriation for any office shall be
    increased or decreased by more than 5 percent:  Provided further, That
    not to exceed $22,000 of the amount made available under this paragraph
    for the immediate Office of the Secretary shall be available for
    official reception and representation expenses, not otherwise provided
    for, as determined by the Secretary:  Provided
    further, <<NOTE: Reimbursements.>> That the amount made available under

    [[Page 136 STAT. 53]]

    this heading for Departmental Administration shall be reimbursed from
    applicable appropriations in this Act for travel expenses incident to
    the holding of hearings as required by 5 U.S.C. 551-558:  Provided
    further, That funds made available under this heading for the Office of
    the Assistant Secretary for Congressional Relations and
    Intergovernmental Affairs shall be transferred to agencies of the
    Department of Agriculture funded by this Act to maintain personnel at
    the agency level:  Provided further, <<NOTE: Time
    period. Notification.>>  That no funds made available under this heading
    for the Office of Assistant Secretary for Congressional Relations may be
    obligated after 30 days from the date of enactment of this Act, unless
    the Secretary has notified the Committees on Appropriations of both
    Houses of Congress on the allocation of these funds by USDA agency:
    Provided further, <<NOTE: Notification. Time period.>> That during any
    30 day notification period referenced in section 716 of this Act, the
    Secretary of Agriculture shall take no action to begin implementation of
    the action that is subject to section 716 of this Act or make any public
    announcement of such action in any form.

                              Executive Operations

                          office of the chief economist

        For necessary expenses of the Office of the Chief Economist,
    $27,199,000, of which $8,000,000 shall be for grants or cooperative
    agreements for policy research under 7 U.S.C. 3155:  Provided, That of
    the amounts made available under this heading, $500,000 shall be
    available to carry out section 224 of subtitle A of the Department of
    Agriculture Reorganization Act of 1994 (7 U.S.C. 6924), as amended by
    section 12504 of Public Law 115-334.

                         office of hearings and appeals

        For necessary expenses of the Office of Hearings and Appeals,
    $16,173,000.

                      office of budget and program analysis

        For necessary expenses of the Office of Budget and Program Analysis,
    $11,337,000.

                     Office of the Chief Information Officer

        For necessary expenses of the Office of the Chief Information
    Officer, $84,746,000, of which not less than $69,672,000 is for
    cybersecurity requirements of the department.

                      Office of the Chief Financial Officer

        For necessary expenses of the Office of the Chief Financial Officer,
    $7,118,000.

               Office of the Assistant Secretary for Civil Rights

        For necessary expenses of the Office of the Assistant Secretary for
    Civil Rights, $1,426,000:  Provided, That funds made available by this
    Act to an agency in the Civil Rights mission area for salaries and
    expenses are available to fund up to one administrative support staff
    for the Office.

    [[Page 136 STAT. 54]]

                             Office of Civil Rights

        For necessary expenses of the Office of Civil Rights, $35,328,000.

                      Agriculture Buildings and Facilities

                         (including transfers of funds)

        For payment of space rental and related costs pursuant to Public Law
    92-313, including authorities pursuant to the 1984 delegation of
    authority from the Administrator of General Services to the Department
    of Agriculture under 40 U.S.C. 121, for programs and activities of the
    Department which are included in this Act, and for alterations and other
    actions needed for the Department and its agencies to consolidate
    unneeded space into configurations suitable for release to the
    Administrator of General Services, and for the operation, maintenance,
    improvement, and repair of Agriculture buildings and facilities, and for
    related costs, $108,397,000, to remain available until expended.

                         Hazardous Materials Management

                         (including transfers of funds)

        For necessary expenses of the Department of Agriculture, to comply
    with the Comprehensive Environmental Response, Compensation, and
    Liability Act (42 U.S.C. 9601 et seq.) and the Solid Waste Disposal Act
    (42 U.S.C. 6901 et seq.), $7,540,000, to remain available until
    expended:  Provided, That appropriations and funds available herein to
    the Department for Hazardous Materials Management may be transferred to
    any agency of the Department for its use in meeting all requirements
    pursuant to the above Acts on Federal and non-Federal lands.

                   Office of Safety, Security, and Protection

        For necessary expenses of the Office of Safety, Security, and
    Protection, $23,306,000.

                           Office of Inspector General

        For necessary expenses of the Office of Inspector General, including
    employment pursuant to the Inspector General Act of 1978 (Public Law 95-
    452; 5 U.S.C. App.), $106,309,000, including such sums as may be
    necessary for contracting and other arrangements with public agencies
    and private persons pursuant to section 6(a)(9) of the Inspector General
    Act of 1978 (Public Law 95-452; 5 U.S.C. App.), and including not to
    exceed $125,000 for certain confidential operational expenses, including
    the payment of informants, to be expended under the direction of the
    Inspector General pursuant to the Inspector General Act of 1978 (Public
    Law 95-452; 5 U.S.C. App.) and section 1337 of the Agriculture and Food
    Act of 1981 (Public Law 97-98).

                          Office of the General Counsel

        For necessary expenses of the Office of the General Counsel,
    $57,268,000.

    [[Page 136 STAT. 55]]

                                Office of Ethics

        For necessary expenses of the Office of Ethics, $4,277,000.

      Office of the Under Secretary for Research, Education, and Economics

        For necessary expenses of the Office of the Under Secretary for
    Research, Education, and Economics, $3,327,000:  Provided, That funds
    made available by this Act to an agency in the Research, Education, and
    Economics mission area for salaries and expenses are available to fund
    up to one administrative support staff for the Office:  Provided
    further, That of the amounts made available under this heading,
    $1,000,000 shall be made available for the Office of the Chief
    Scientist.

                            Economic Research Service

        For necessary expenses of the Economic Research Service,
    $87,794,000.

                    National Agricultural Statistics Service

        For necessary expenses of the National Agricultural Statistics
    Service, $190,162,000, of which up to $46,850,000 shall be available
    until expended for the Census of Agriculture:
    Provided, <<NOTE: Surveys.>> That amounts made available for the Census
    of Agriculture may be used to conduct Current Industrial Report surveys
    subject to 7 U.S.C. 2204g(d) and (f).

                          Agricultural Research Service

                              salaries and expenses

        For necessary expenses of the Agricultural Research Service and for
    acquisition of lands by donation, exchange, or purchase at a nominal
    cost not to exceed $100, and for land exchanges where the lands
    exchanged shall be of equal value or shall be equalized by a payment of
    money to the grantor which shall not exceed 25 percent of the total
    value of the land or interests transferred out of Federal ownership,
    $1,633,496,000:  Provided, <<NOTE: 7 USC 2254.>>  That appropriations
    hereunder shall be available for the operation and maintenance of
    aircraft and the purchase of not to exceed one for replacement only:
    Provided further, <<NOTE: 7 USC 2254.>> That appropriations hereunder
    shall be available pursuant to 7 U.S.C. 2250 for the construction,
    alteration, and repair of buildings and improvements, but unless
    otherwise provided, the cost of constructing any one building shall not
    exceed $500,000, except for headhouses or greenhouses which shall each
    be limited to $1,800,000, except for 10 buildings to be constructed or
    improved at a cost not to exceed $1,100,000 each, and except for four
    buildings to be constructed at a cost not to exceed $5,000,000 each, and
    the cost of altering any one building during the fiscal year shall not
    exceed 10 percent of the current replacement value of the building or
    $500,000, whichever is greater:  Provided further, <<NOTE: Contracts.>>
    That appropriations hereunder shall be available for entering into lease
    agreements at any Agricultural Research Service location for the
    construction of a research facility by a non-Federal entity for use by
    the Agricultural Research Service

    [[Page 136 STAT. 56]]

    and a condition of the lease shall be that any facility shall be owned,
    operated, and maintained by the non-Federal entity and shall be removed
    upon the expiration or termination of the lease agreement:  Provided
    further, <<NOTE: Maryland.>> That the limitations on alterations
    contained in this Act shall not apply to modernization or replacement of
    existing facilities at Beltsville, Maryland:  Provided further,
    That <<NOTE: Easements.>> appropriations hereunder shall be available
    for granting easements at the Beltsville Agricultural Research Center:
    Provided further, That the foregoing limitations shall not apply to
    replacement of buildings needed to carry out the Act of April 24, 1948
    (21 U.S.C. 113a):  Provided further, <<NOTE: Easements.>> That
    appropriations hereunder shall be available for granting easements at
    any Agricultural Research Service location for the construction of a
    research facility by a non-Federal entity for use by, and acceptable to,
    the Agricultural Research Service and a condition of the easements shall
    be that upon completion the facility shall be accepted by the Secretary,
    subject to the availability of funds herein, if the Secretary finds that
    acceptance of the facility is in the interest of the United States:
    Provided further, That funds may be received from any State, other
    political subdivision, organization, or individual for the purpose of
    establishing or operating any research facility or research project of
    the Agricultural Research Service, as authorized by law.

                            buildings and facilities

        For the acquisition of land, construction, repair, improvement,
    extension, alteration, and purchase of fixed equipment or facilities as
    necessary to carry out the agricultural research programs of the
    Department of Agriculture, where not otherwise provided, $127,805,000 to
    remain available until expended, of which $20,000,000 shall be allocated
    for ARS facilities co-located with university partners, and of which
    $62,400,000 shall be for the purposes, and in the amounts, specified for
    this account in the table titled ``Community Project Funding/
    Congressionally Directed Spending'' in the explanatory statement
    described in section 4 (in the matter preceding division A of this
    consolidated Act), in accordance with applicable statutory and
    regulatory requirements.

                   National Institute of Food and Agriculture

                        research and education activities

        For payments to agricultural experiment stations, for cooperative
    forestry and other research, for facilities, and for other expenses,
    $1,046,244,000, which shall be for the purposes, and in the amounts,
    specified in the table titled ``National Institute of Food and
    Agriculture, Research and Education Activities'' in the explanatory
    statement described in section 4 (in the matter preceding division A of
    this consolidated Act):  Provided, That funds for research grants for
    1994 institutions, education grants for 1890 institutions, Hispanic
    serving institutions education grants, capacity building for non-land-
    grant colleges of agriculture, the agriculture and food research
    initiative, veterinary medicine loan repayment, multicultural scholars,
    graduate fellowship and institution challenge grants, grants management
    systems, tribal colleges education equity grants, and scholarships at
    1890 institutions shall remain available until expended:  Provided
    further, That each institution

    [[Page 136 STAT. 57]]

    eligible to receive funds under the Evans-Allen program receives no less
    than $1,000,000:  Provided
    further, <<NOTE: Grants. Alaska. Hawaii.>> That funds for education
    grants for Alaska Native and Native Hawaiian-serving institutions be
    made available to individual eligible institutions or consortia of
    eligible institutions with funds awarded equally to each of the States
    of Alaska and Hawaii:  Provided further, That funds for providing grants
    for food and agricultural sciences for Alaska Native and Native
    Hawaiian-Serving institutions and for Insular Areas shall remain
    available until September 30, 2023:  Provided further, That funds for
    education grants for 1890 institutions shall be made available to
    institutions eligible to receive funds under 7 U.S.C. 3221 and 3222:
    Provided further, That not more than 5 percent of the amounts made
    available by this or any other Act to carry out the Agriculture and Food
    Research Initiative under 7 U.S.C. 3157 may be retained by the Secretary
    of Agriculture to pay administrative costs incurred by the Secretary in
    carrying out that authority.

                   native american institutions endowment fund

        For the Native American Institutions Endowment Fund authorized by
    Public Law 103-382 (7 U.S.C. 301 note), $11,880,000, to remain available
    until expended.

                              extension activities

        For payments to States, the District of Columbia, Puerto Rico, Guam,
    the Virgin Islands, Micronesia, the Northern Marianas, and American
    Samoa, $550,605,000, which shall be for the purposes, and in the
    amounts, specified in the table titled ``National Institute of Food and
    Agriculture, Extension Activities'' in the explanatory statement
    described in section 4 (in the matter preceding division A of this
    consolidated Act):  Provided, That funds for extension services at 1994
    institutions and for facility improvements at 1890 institutions shall
    remain available until expended:  Provided further, That institutions
    eligible to receive funds under 7 U.S.C. 3221 for cooperative extension
    receive no less than $1,000,000:  Provided further, That funds for
    cooperative extension under sections 3(b) and (c) of the Smith-Lever Act
    (7 U.S.C. 343(b) and (c)) and section 208(c) of Public Law 93-471 shall
    be available for retirement and employees' compensation costs for
    extension agents.

                              integrated activities

        For the integrated research, education, and extension grants
    programs, including necessary administrative expenses, $40,000,000,
    which shall be for the purposes, and in the amounts, specified in the
    table titled ``National Institute of Food and Agriculture, Integrated
    Activities'' in the explanatory statement described in section 4 (in the
    matter preceding division A of this consolidated Act):  Provided, That
    funds for the Food and Agriculture Defense Initiative shall remain
    available until September 30, 2023:  Provided further, That
    notwithstanding any other provision of law, indirect costs shall not be
    charged against any Extension Implementation Program Area grant awarded
    under the Crop Protection/Pest Management Program (7 U.S.C. 7626).

    [[Page 136 STAT. 58]]

       Office of the Under Secretary for Marketing and Regulatory Programs

        For necessary expenses of the Office of the Under Secretary for
    Marketing and Regulatory Programs, $1,577,000:  Provided, That funds
    made available by this Act to an agency in the Marketing and Regulatory
    Programs mission area for salaries and expenses are available to fund up
    to one administrative support staff for the Office.

                   Animal and Plant Health Inspection Service

                              salaries and expenses

                         (including transfers of funds)

        For necessary expenses of the Animal and Plant Health Inspection
    Service, including up to $30,000 for representation allowances and for
    expenses pursuant to the Foreign Service Act of 1980 (22 U.S.C. 4085),
    $1,110,218,000 of which up to $3,474,000 shall be for the purposes, and
    in the amounts, specified for this account in the table titled
    ``Community Project Funding/Congressionally Directed Spending'' in the
    explanatory statement described in section 4 (in the matter preceding
    division A of this consolidated Act), in accordance with applicable
    statutory and regulatory requirements; of which $491,000, to remain
    available until expended, shall be available for the control of
    outbreaks of insects, plant diseases, animal diseases and for control of
    pest animals and birds (``contingency fund'') to the extent necessary to
    meet emergency conditions; of which $14,725,000, to remain available
    until expended, shall be used for the cotton pests program, including
    for cost share purposes or for debt retirement for active eradication
    zones; of which $38,486,000, to remain available until expended, shall
    be for Animal Health Technical Services; of which $3,040,000 shall be
    for activities under the authority of the Horse Protection Act of 1970,
    as amended (15 U.S.C. 1831); of which $63,833,000, to remain available
    until expended, shall be used to support avian health; of which
    $4,251,000, to remain available until expended, shall be for information
    technology infrastructure; of which $209,553,000, to remain available
    until expended, shall be for specialty crop pests, of which $8,500,000,
    to remain available until September 30, 2023, shall be for one-time
    control and management and associated activities directly related to the
    multiple-agency response to citrus greening; of which, $11,137,000, to
    remain available until expended, shall be for field crop and rangeland
    ecosystem pests; of which $20,282,000, to remain available until
    expended, shall be for zoonotic disease management; of which
    $42,021,000, to remain available until expended, shall be for emergency
    preparedness and response; of which $61,217,000, to remain available
    until expended, shall be for tree and wood pests; of which $5,751,000,
    to remain available until expended, shall be for the National Veterinary
    Stockpile; of which up to $1,500,000, to remain available until
    expended, shall be for the scrapie program for indemnities; of which
    $2,500,000, to remain available until expended, shall be for the
    wildlife damage management program for aviation safety:
    Provided, <<NOTE: Determination.>> That any of the funds described in
    the ``Community Project Funding/Congressionally Directed Spending''
    table in the

    [[Page 136 STAT. 59]]

    explanatory statement described in section 4 (in the matter preceding
    division A of this consolidated Act) that the Secretary determines will
    not be obligated during the fiscal year shall not be subject to the
    direction provided in such table:  Provided further, That of amounts
    available under this heading for wildlife services methods development,
    $1,000,000 shall remain available until expended:  Provided further,
    That of amounts available under this heading for the screwworm program,
    $4,990,000 shall remain available until expended; of which $24,307,000,
    to remain available until expended, shall be used to carry out the
    science program and transition activities for the National Bio and Agro-
    defense Facility located in Manhattan, Kansas:
    Provided <<NOTE: Brucellosis eradication.>> further, That no funds shall
    be used to formulate or administer a brucellosis eradication program for
    the current fiscal year that does not require minimum matching by the
    States of at least 40 percent:  Provided further, That this
    appropriation shall be available for the purchase, replacement,
    operation, and maintenance of aircraft:  Provided further, That in
    addition, in emergencies which threaten any segment of the agricultural
    production industry of the United States, the Secretary may transfer
    from other appropriations or funds available to the agencies or
    corporations of the Department such sums as may be deemed necessary, to
    be available only in such emergencies for the arrest and eradication of
    contagious or infectious disease or pests of animals, poultry, or
    plants, and for expenses in accordance with sections 10411 and 10417 of
    the Animal Health Protection Act (7 U.S.C. 8310 and 8316) and sections
    431 and 442 of the Plant Protection Act (7 U.S.C. 7751 and 7772), and
    any unexpended balances of funds transferred for such emergency purposes
    in the preceding fiscal year shall be merged with such transferred
    amounts:  Provided further, That appropriations hereunder shall be
    available pursuant to law (7 U.S.C. 2250) for the repair and alteration
    of leased buildings and improvements, but unless otherwise provided the
    cost of altering any one building during the fiscal year shall not
    exceed 10 percent of the current replacement value of the building.

        In <<NOTE: Fees. Reimbursement.>>  fiscal year 2022, the agency is
    authorized to collect fees to cover the total costs of providing
    technical assistance, goods, or services requested by States, other
    political subdivisions, domestic and international organizations,
    foreign governments, or individuals, provided that such fees are
    structured such that any entity's liability for such fees is reasonably
    based on the technical assistance, goods, or services provided to the
    entity by the agency, and such fees shall be reimbursed to this account,
    to remain available until expended, without further appropriation, for
    providing such assistance, goods, or services.

                            buildings and facilities

        For plans, construction, repair, preventive maintenance,
    environmental support, improvement, extension, alteration, and purchase
    of fixed equipment or facilities, as authorized by 7 U.S.C. 2250, and
    acquisition of land as authorized by 7 U.S.C. 2268a, $3,175,000, to
    remain available until expended.

    [[Page 136 STAT. 60]]

                         Agricultural Marketing Service

                               marketing services

        For necessary expenses of the Agricultural Marketing Service,
    $226,657,000, of which $7,000,000 shall be available for the purposes of
    section 12306 of Public Law 113-79:  Provided, That of the amounts made
    available under this heading, $25,000,000, to remain available until
    expended, shall be to carry out section 12513 of Public Law 115-334, of
    which $23,000,000 shall be for dairy business innovation initiatives
    established in Public Law 116-6 and the Secretary shall take measures to
    ensure an equal distribution of funds between these three regional
    innovation initiatives:  Provided further, That this appropriation shall
    be available pursuant to law (7 U.S.C. 2250) for the alteration and
    repair of buildings and improvements, but the cost of altering any one
    building during the fiscal year shall not exceed 10 percent of the
    current replacement value of the building.
        Fees <<NOTE: Fees.>>  may be collected for the cost of
    standardization activities, as established by regulation pursuant to law
    (31 U.S.C. 9701), except for the cost of activities relating to the
    development or maintenance of grain standards under the United States
    Grain Standards Act, 7 U.S.C. 71 et seq.

                      limitation on administrative expenses

        Not to exceed $61,786,000 (from fees collected) shall be obligated
    during the current fiscal year for administrative expenses:
    Provided, <<NOTE: Notification.>>  That if crop size is understated and/
    or other uncontrollable events occur, the agency may exceed this
    limitation by up to 10 percent with notification to the Committees on
    Appropriations of both Houses of Congress.

        funds for strengthening markets, income, and supply (section 32)

                         (including transfers of funds)

        Funds available under section 32 of the Act of August 24, 1935 (7
    U.S.C. 612c), shall be used only for commodity program expenses as
    authorized therein, and other related operating expenses, except for:
    (1) transfers to the Department of Commerce as authorized by the Fish
    and Wildlife Act of 1956 (16 U.S.C. 742a et seq.); (2) transfers
    otherwise provided in this Act; and (3) not more than $20,817,000 for
    formulation and administration of marketing agreements and orders
    pursuant to the Agricultural Marketing Agreement Act of 1937 and the
    Agricultural Act of 1961 (Public Law 87-128).

                       payments to states and possessions

        For payments to departments of agriculture, bureaus and departments
    of markets, and similar agencies for marketing activities under section
    204(b) of the Agricultural Marketing Act of 1946 (7 U.S.C. 1623(b)),
    $1,235,000.

    [[Page 136 STAT. 61]]

             limitation on inspection and weighing services expenses

        Not to exceed $55,000,000 (from fees collected) shall be obligated
    during the current fiscal year for inspection and weighing services:
    Provided, <<NOTE: Notification.>>  That if grain export activities
    require additional supervision and oversight, or other uncontrollable
    factors occur, this limitation may be exceeded by up to 10 percent with
    notification to the Committees on Appropriations of both Houses of
    Congress.

                  Office of the Under Secretary for Food Safety

        For necessary expenses of the Office of the Under Secretary for Food
    Safety, $1,077,000:  Provided, That funds made available by this Act to
    an agency in the Food Safety mission area for salaries and expenses are
    available to fund up to one administrative support staff for the Office.

                       Food Safety and Inspection Service

        For necessary expenses to carry out services authorized by the
    Federal Meat Inspection Act, the Poultry Products Inspection Act, and
    the Egg Products Inspection Act, including not to exceed $10,000 for
    representation allowances and for expenses pursuant to section 8 of the
    Act approved August 3, 1956 (7 U.S.C. 1766), $1,108,664,000; and in
    addition, $1,000,000 may be credited to this account from fees collected
    for the cost of laboratory accreditation as authorized by section 1327
    of the Food, Agriculture, Conservation and Trade Act of 1990 (7 U.S.C.
    138f):  Provided, That funds provided for the Public Health Data
    Communication Infrastructure system shall remain available until
    expended:  Provided further, <<NOTE: Employment positions.>>  That no
    fewer than 148 full-time equivalent positions shall be employed during
    fiscal year 2022 for purposes dedicated solely to inspections and
    enforcement related to the Humane Methods of Slaughter Act (7 U.S.C.
    1901 et seq.):  Provided <<NOTE: Continuation.>> further, That the Food
    Safety and Inspection Service shall continue implementation of section
    11016 of Public Law 110-246 as further clarified by the amendments made
    in section 12106 of Public Law 113-79:  Provided further, That this
    appropriation shall be available pursuant to law (7 U.S.C. 2250) for the
    alteration and repair of buildings and improvements, but the cost of
    altering any one building during the fiscal year shall not exceed 10
    percent of the current replacement value of the building.

                                    TITLE II

                    FARM PRODUCTION AND CONSERVATION PROGRAMS

       Office of the Under Secretary for Farm Production and Conservation

        For necessary expenses of the Office of the Under Secretary for Farm
    Production and Conservation, $1,687,000:  Provided, That funds made
    available by this Act to an agency in the Farm Production and
    Conservation mission area for salaries and expenses are available to
    fund up to one administrative support staff for the Office.

    [[Page 136 STAT. 62]]

                Farm Production and Conservation Business Center

                              salaries and expenses

                         (including transfers of funds)

        For necessary expenses of the Farm Production and Conservation
    Business Center, $238,177,000:  Provided, That $60,228,000 of amounts
    appropriated for the current fiscal year pursuant to section 1241(a) of
    the Farm Security and Rural Investment Act of 1985 (16 U.S.C. 3841(a))
    shall be transferred to and merged with this account.

                               Farm Service Agency

                              salaries and expenses

                         (including transfers of funds)

        For necessary expenses of the Farm Service Agency, $1,173,070,000,
    of which not less than $15,000,000 shall be for the hiring of new
    employees to fill vacancies and anticipated vacancies at Farm Service
    Agency county offices and farm loan officers and shall be available
    until September 30, 2023: <<NOTE: Notification. Expenditure plan. Cost
    estimates. Review.>>   Provided, That not more than 50 percent of the
    funding made available under this heading for information technology
    related to farm program delivery may be obligated until the Secretary
    submits to the Committees on Appropriations of both Houses of Congress,
    and receives written or electronic notification of receipt from such
    Committees of, a plan for expenditure that (1) identifies for each
    project/investment over $25,000 (a) the functional and performance
    capabilities to be delivered and the mission benefits to be realized,
    (b) the estimated lifecycle cost for the entirety of the project/
    investment, including estimates for development as well as maintenance
    and operations, and (c) key milestones to be met; (2) demonstrates that
    each project/investment is, (a) consistent with the Farm Service Agency
    Information Technology Roadmap, (b) being managed in accordance with
    applicable lifecycle management policies and guidance, and (c) subject
    to the applicable Department's capital planning and investment control
    requirements; and (3) has been reviewed by the Government Accountability
    Office and approved by the Committees on Appropriations of both Houses
    of Congress:  Provided further, <<NOTE: Reports. Assessment.>> That the
    agency shall submit a report by the end of the fourth quarter of fiscal
    year 2022 to the Committees on Appropriations and the Government
    Accountability Office, that identifies for each project/investment that
    is operational (a) current performance against key indicators of
    customer satisfaction, (b) current performance of service level
    agreements or other technical metrics, (c) current performance against a
    pre-established cost baseline, (d) a detailed breakdown of current and
    planned spending on operational enhancements or upgrades, and (e) an
    assessment of whether the investment continues to meet business needs as
    intended as well as alternatives to the investment:  Provided further,
    That the Secretary is authorized to use the services, facilities, and
    authorities (but not the funds) of the Commodity Credit Corporation to
    make program payments for all programs administered by the Agency:
    Provided further, That other funds made available to the Agency for
    authorized activities may be advanced to and

    [[Page 136 STAT. 63]]

    merged with this account:  Provided further, That funds made available
    to county committees shall remain available until expended:  Provided
    further, That none of the funds available to the Farm Service Agency
    shall be used to close Farm Service Agency county offices:  Provided
    further, <<NOTE: Notification. Advance approval.>>  That none of the
    funds available to the Farm Service Agency shall be used to permanently
    relocate county based employees that would result in an office with two
    or fewer employees without prior notification and approval of the
    Committees on Appropriations of both Houses of Congress.

                             state mediation grants

        For grants pursuant to section 502(b) of the Agricultural Credit Act
    of 1987, as amended (7 U.S.C. 5101-5106), $7,000,000.

                   grassroots source water protection program

        For necessary expenses to carry out wellhead or groundwater
    protection activities under section 1240O of the Food Security Act of
    1985 (16 U.S.C. 3839bb-2), $6,500,000, to remain available until
    expended.

                             dairy indemnity program

                          (including transfer of funds)

        For necessary expenses involved in making indemnity payments to
    dairy farmers and manufacturers of dairy products under a dairy
    indemnity program, such sums as may be necessary, to remain available
    until expended:  Provided, That such program is carried out by the
    Secretary in the same manner as the dairy indemnity program described in
    the Agriculture, Rural Development, Food and Drug Administration, and
    Related Agencies Appropriations Act, 2001 (Public Law 106-387, 114 Stat.
    1549A-12).

                geographically disadvantaged farmers and ranchers

        For necessary expenses to carry out direct reimbursement payments to
    geographically disadvantaged farmers and ranchers under section 1621 of
    the Food Conservation, and Energy Act of 2008 (7 U.S.C. 8792),
    $3,000,000, to remain available until expended.

               agricultural credit insurance fund program account

                         (including transfers of funds)

        For gross obligations for the principal amount of direct and
    guaranteed farm ownership (7 U.S.C. 1922 et seq.) and operating (7
    U.S.C. 1941 et seq.) loans, emergency loans (7 U.S.C. 1961 et seq.),
    Indian tribe land acquisition loans (25 U.S.C. 5136), boll weevil loans
    (7 U.S.C. 1989), guaranteed conservation loans (7 U.S.C. 1924 et seq.),
    relending program (7 U.S.C. 1936c), and Indian highly fractionated land
    loans (25 U.S.C. 5136) to be available from funds in the Agricultural
    Credit Insurance Fund, as follows: $3,500,000,000 for guaranteed farm
    ownership loans and $2,800,000,000 for farm ownership direct loans;
    $2,118,482,000 for unsubsidized guaranteed operating loans and
    $1,633,333,000 for direct operating loans; emergency loans, $37,668,000;
    Indian tribe

    [[Page 136 STAT. 64]]

    land acquisition loans, $20,000,000; guaranteed conservation loans,
    $150,000,000; relending program, $61,425,000; Indian highly fractionated
    land loans, $5,000,000; and for boll weevil eradication program loans,
    $60,000,000:  Provided, <<NOTE: Pink bollworm.>>  That the Secretary
    shall deem the pink bollworm to be a boll weevil for the purpose of boll
    weevil eradication program loans.

        For the cost of direct and guaranteed loans and grants, including
    the cost of modifying loans as defined in section 502 of the
    Congressional Budget Act of 1974, as follows: $40,017,000 for direct
    farm operating loans, $16,524,000 for unsubsidized guaranteed farm
    operating loans, $267,000 for emergency loans, $5,000,000 for the
    relending program, and $407,000 for Indian highly fractionated land
    loans, to remain available until expended.
        In addition, for administrative expenses necessary to carry out the
    direct and guaranteed loan programs, $314,772,000:  Provided, That of
    this amount, $294,114,000 shall be transferred to and merged with the
    appropriation for ``Farm Service Agency, Salaries and Expenses''.
        Funds appropriated by this Act to the Agricultural Credit Insurance
    Program Account for farm ownership, operating and conservation direct
    loans and guaranteed loans may be transferred among these programs:
    Provided, <<NOTE: Notification. Time period.>>  That the Committees on
    Appropriations of both Houses of Congress are notified at least 15 days
    in advance of any transfer.

                             Risk Management Agency

                              salaries and expenses

        For necessary expenses of the Risk Management Agency, $62,707,000:
    Provided, That $1,000,000 of the amount appropriated under this heading
    in this Act shall be available for compliance and integrity activities
    required under section 516(b)(2)(C) of the Federal Crop Insurance Act of
    1938 (7 U.S.C. 1516(b)(2)(C)), and shall be in addition to amounts
    otherwise provided for such purpose:  Provided further, That not to
    exceed $1,000 shall be available for official reception and
    representation expenses, as authorized by 7 U.S.C. 1506(i).

                     Natural Resources Conservation Service

                             conservation operations

        For necessary expenses for carrying out the provisions of the Act of
    April 27, 1935 (16 U.S.C. 590a-f), including preparation of conservation
    plans and establishment of measures to conserve soil and water
    (including farm irrigation and land drainage and such special measures
    for soil and water management as may be necessary to prevent floods and
    the siltation of reservoirs and to control agricultural related
    pollutants); operation of conservation plant materials centers;
    classification and mapping of soil; dissemination of information;
    acquisition of lands, water, and interests therein for use in the plant
    materials program by donation, exchange, or purchase at a nominal cost
    not to exceed $100 pursuant to the Act of August 3, 1956 (7 U.S.C.
    2268a); purchase and erection or alteration or improvement of permanent
    and temporary buildings; and operation and maintenance of aircraft,
    $904,396,000, to remain available until September 30, 2023, of which up
    to

    [[Page 136 STAT. 65]]

    $19,611,000 shall be for the purposes, and in the amounts, specified for
    this account in the table titled ``Community Project Funding/
    Congressionally Directed Spending'' in the explanatory statement
    described in section 4 (in the matter preceding division A of this
    consolidated Act), in accordance with applicable statutory and
    regulatory requirements:  Provided, <<NOTE: Determination.>> That any of
    the funds described in the table titled ``Community Project Funding/
    Congressionally Directed Spending'' in the explanatory statement
    described in section 4 (in the matter preceding division A of this
    consolidated Act) that the Secretary determines will not be obligated
    during the fiscal year shall not be subject to the direction provided in
    such table:  Provided further, That appropriations hereunder shall be
    available pursuant to 7 U.S.C. 2250 for construction and improvement of
    buildings and public improvements at plant materials centers, except
    that the cost of alterations and improvements to other buildings and
    other public improvements shall not exceed $250,000:  Provided further,
    That when buildings or other structures are erected on non-Federal land,
    that the right to use such land is obtained as provided in 7 U.S.C.
    2250a:  Provided further, That of the total amount available under this
    heading, $8,500,000 shall be for necessary expenses to carry out the
    Urban Agriculture and Innovative Production Program under section 222 of
    subtitle A of title II of the Department of Agriculture Reorganization
    Act of 1994 (7 U.S.C. 6923), as amended by section 12302 of Public Law
    115-334:  Provided further, That of the total amount available,
    $7,000,000 shall remain available until expended for necessary expenses
    to carry out the Healthy Forests Reserve Program under the Healthy
    Forest Restoration Act of 2003 (16 U.S.C. 6571-6578).

                    watershed and flood prevention operations

        For necessary expenses to carry out preventive measures, including
    but not limited to surveys and investigations, engineering operations,
    works of improvement, and changes in use of land, in accordance with the
    Watershed Protection and Flood Prevention Act (16 U.S.C. 1001-1005 and
    1007-1009) and in accordance with the provisions of laws relating to the
    activities of the Department, $100,000,000, to remain available until
    expended, of which up to $23,275,000 shall be for the purposes, and in
    the amounts, specified for this account in the table titled ``Community
    Project Funding/Congressionally Directed Spending'' in the explanatory
    statement described in section 4 (in the matter preceding division A of
    this consolidated Act), in accordance with applicable statutory and
    regulatory requirements:  Provided, <<NOTE: Applicability.>>  That for
    funds provided by this Act or any other prior Act, the limitation
    regarding the size of the watershed or subwatershed exceeding two
    hundred and fifty thousand acres in which such activities can be
    undertaken shall only apply for activities undertaken for the primary
    purpose of flood prevention (including structural and land treatment
    measures):  Provided further, That of the amounts made available under
    this heading, $10,000,000 shall be allocated to projects and activities
    that can commence promptly following enactment; that address regional
    priorities for flood prevention, agricultural water management,
    inefficient irrigation systems, fish and wildlife habitat, or watershed
    protection; or that address authorized ongoing projects under the
    authorities of section 13 of the Flood Control Act of December 22, 1944
    (Public Law 78-534) with a primary purpose

    [[Page 136 STAT. 66]]

    of watershed protection by preventing floodwater damage and stabilizing
    stream channels, tributaries, and banks to reduce erosion and sediment
    transport:  Provided further, That of the amounts made available under
    this heading, $10,000,000 shall remain available until expended for the
    authorities under 16 U.S.C. 1001-1005 and 1007-1009 for authorized
    ongoing watershed projects with a primary purpose of providing water to
    rural communities.

                        watershed rehabilitation program

        Under the authorities of section 14 of the Watershed Protection and
    Flood Prevention Act, $1,000,000 is provided.

    <<NOTE: Contracts.>> CORPORATIONS

        The following corporations and agencies are hereby authorized to
    make expenditures, within the limits of funds and borrowing authority
    available to each such corporation or agency and in accord with law, and
    to make contracts and commitments without regard to fiscal year
    limitations as provided by section 104 of the Government Corporation
    Control Act as may be necessary in carrying out the programs set forth
    in the budget for the current fiscal year for such corporation or
    agency, except as hereinafter provided.

                     Federal Crop Insurance Corporation Fund

        For payments as authorized by section 516 of the Federal Crop
    Insurance Act (7 U.S.C. 1516), such sums as may be necessary, to remain
    available until expended.

                        Commodity Credit Corporation Fund

                      reimbursement for net realized losses

                         (including transfers of funds)

        For the current fiscal year, such sums as may be necessary to
    reimburse the Commodity Credit Corporation for net realized losses
    sustained, but not previously reimbursed, pursuant to section 2 of the
    Act of August 17, 1961 (15 U.S.C. 713a-11):  Provided, That of the funds
    available to the Commodity Credit Corporation under section 11 of the
    Commodity Credit Corporation Charter Act (15 U.S.C. 714i) for the
    conduct of its business with the Foreign Agricultural Service, up to
    $5,000,000 may be transferred to and used by the Foreign Agricultural
    Service for information resource management activities of the Foreign
    Agricultural Service that are not related to Commodity Credit
    Corporation business.

                           hazardous waste management

                            (limitation on expenses)

        For the current fiscal year, the Commodity Credit Corporation shall
    not expend more than $15,000,000 for site investigation and cleanup
    expenses, and operations and maintenance expenses to comply with the
    requirement of section 107(g) of the Comprehensive Environmental
    Response, Compensation, and Liability Act (42 U.S.C. 9607(g)), and
    section 6001 of the Solid Waste Disposal Act (42 U.S.C. 6961).

    [[Page 136 STAT. 67]]

                                    TITLE III

                           RURAL DEVELOPMENT PROGRAMS

               Office of the Under Secretary for Rural Development

        For necessary expenses of the Office of the Under Secretary for
    Rural Development, $1,580,000:  Provided, That funds made available by
    this Act to an agency in the Rural Development mission area for salaries
    and expenses are available to fund up to one administrative support
    staff for the Office.

                                Rural Development

                              salaries and expenses

                         (including transfers of funds)

        For necessary expenses for carrying out the administration and
    implementation of Rural Development programs, including activities with
    institutions concerning the development and operation of agricultural
    cooperatives; and for cooperative agreements; $300,285,000:  Provided,
    That of the amount made available under this heading, up to $5,000,000
    shall be for the StrikeForce activities of the Department of
    Agriculture, and may be transferred to agencies of the Department for
    such purpose, consistent with the missions and authorities of such
    agencies:  Provided further, That notwithstanding any other provision of
    law, funds appropriated under this heading may be used for advertising
    and promotional activities that support Rural Development programs:
    Provided further, That in addition to any other funds appropriated for
    purposes authorized by section 502(i) of the Housing Act of 1949 (42
    U.S.C. 1472(i)), any amounts collected under such section, as amended by
    this Act, will immediately be credited to this account and will remain
    available until expended for such purposes.

                              Rural Housing Service

                  rural housing insurance fund program account

                         (including transfers of funds)

        For gross obligations for the principal amount of direct and
    guaranteed loans as authorized by title V of the Housing Act of 1949, to
    be available from funds in the rural housing insurance fund, as follows:
    $1,250,000,000 shall be for direct loans and $30,000,000,000 shall be
    for unsubsidized guaranteed loans; $28,000,000 for section 504 housing
    repair loans; $50,000,000 for section 515 rental housing; $250,000,000
    for section 538 guaranteed multi-family housing loans; $10,000,000 for
    credit sales of single family housing acquired property; $5,000,000 for
    section 523 self-help housing land development loans; and $5,000,000 for
    section 524 site development loans.
        For the cost of direct and guaranteed loans, including the cost of
    modifying loans, as defined in section 502 of the Congressional Budget
    Act of 1974, as follows: section 502 loans, $23,250,000 shall be for
    direct loans; section 504 housing repair loans, $484,000;

    [[Page 136 STAT. 68]]

    section 523 self-help housing land development loans, $55,000; section
    524 site development loans, $206,000; and repair, rehabilitation, and
    new construction of section 515 rental housing, $4,470,000:
    Provided, <<NOTE: Fees.>> That to support the loan program level for
    section 538 guaranteed loans made available under this heading the
    Secretary may charge or adjust any fees to cover the projected cost of
    such loan guarantees pursuant to the provisions of the Credit Reform Act
    of 1990 (2 U.S.C. 661 et seq.), and the interest on such loans may not
    be subsidized:  Provided further, That applicants in communities that
    have a current rural area waiver under section 541 of the Housing Act of
    1949 (42 U.S.C. 1490q) shall be treated as living in a rural area for
    purposes of section 502 guaranteed loans provided under this heading:
    Provided further, <<NOTE: Deadline.>>  That of the amounts available
    under this paragraph for section 502 direct loans, no less than
    $5,000,000 shall be available for direct loans for individuals whose
    homes will be built pursuant to a program funded with a mutual and self-
    help housing grant authorized by section 523 of the Housing Act of 1949
    until June 1, 2022:  Provided further, That
    the <<NOTE: Incentives. Determination.>>  Secretary shall implement
    provisions to provide incentives to nonprofit organizations and public
    housing authorities to facilitate the acquisition of Rural Housing
    Service (RHS) multifamily housing properties by such nonprofit
    organizations and public housing authorities that commit to keep such
    properties in the RHS multifamily housing program for a period of time
    as determined by the Secretary, with such incentives to include, but not
    be limited to, the following: allow such nonprofit entities and public
    housing authorities to earn a Return on Investment on their own
    resources to include proceeds from low income housing tax credit
    syndication, own contributions, grants, and developer loans at favorable
    rates and terms, invested in a deal; and allow reimbursement of
    organizational costs associated with owner's oversight of asset referred
    to as ``Asset Management Fee'' of up to $7,500 per property.

        In addition, for the cost of direct loans and grants, including the
    cost of modifying loans, as defined in section 502 of the Congressional
    Budget Act of 1974, $34,000,000, to remain available until expended, for
    a demonstration program for the preservation and revitalization of the
    sections 514, 515, and 516 multi-family rental housing properties to
    restructure existing USDA multi-family housing loans, as the Secretary
    deems appropriate, expressly for the purposes of ensuring the project
    has sufficient resources to preserve the project for the purpose of
    providing safe and affordable housing for low-income residents and farm
    laborers including reducing or eliminating interest; deferring loan
    payments, subordinating, reducing or re-amortizing loan debt; and other
    financial assistance including advances, payments and incentives
    (including the ability of owners to obtain reasonable returns on
    investment) required by the Secretary:
    Provided, <<NOTE: Contracts.>> That the Secretary shall, as part of the
    preservation and revitalization agreement, obtain a restrictive use
    agreement consistent with the terms of the restructuring:  Provided
    further, That any balances, including obligated balances, available for
    all demonstration programs for the preservation and revitalization of
    sections 514, 515, and 516 multi-family rental housing properties in the
    ``Multi-Family Housing Revitalization Program Account'' shall be
    transferred to and merged with this account, and shall also be available
    for the preservation and revitalization of sections 514, 515, and 516
    multi-family rental housing properties, including the restructuring of
    existing USDA

    [[Page 136 STAT. 69]]

    multi-family housing loans:  Provided further, That following the
    transfer of balances described in the preceding proviso, any adjustments
    to obligations for demonstration programs for the preservation and
    revitalization of sections 514, 515, and 516 multi-family rental housing
    properties that would otherwise be incurred in the ``Multi-Family
    Housing Revitalization Program Account'' shall be made in this account
    from amounts transferred to this account under the preceding proviso.

        In addition, for the cost of direct loans, grants, and contracts, as
    authorized by sections 514 and 516 of the Housing Act of 1949 (42 U.S.C.
    1484, 1486), $12,831,000, to remain available until expended, for direct
    farm labor housing loans and domestic farm labor housing grants and
    contracts:  Provided, That any balances available for the Farm Labor
    Program Account shall be transferred to and merged with this account.
        In addition, for administrative expenses necessary to carry out the
    direct and guaranteed loan programs, $412,254,000 shall be transferred
    to and merged with the appropriation for ``Rural Development, Salaries
    and Expenses''.

    rental <<NOTE: Time periods.>>  assistance program

        For rental assistance agreements entered into or renewed pursuant to
    the authority under section 521(a)(2) of the Housing Act of 1949 or
    agreements entered into in lieu of debt forgiveness or payments for
    eligible households as authorized by section 502(c)(5)(D) of the Housing
    Act of 1949, $1,450,000,000, of which $40,000,000 shall be available
    until September 30, 2023; and in addition such sums as may be necessary,
    as authorized by section 521(c) of the Act, to liquidate debt incurred
    prior to fiscal year 1992 to carry out the rental assistance program
    under section 521(a)(2) of the Act:  Provided, That rental assistance
    agreements entered into or renewed during the current fiscal year shall
    be funded for a one-year period:  Provided further, That upon request by
    an owner of a project financed by an existing loan under section 514 or
    515 of the Act, the Secretary may renew the rental assistance agreement
    for a period of 20 years or until the term of such loan has expired,
    subject to annual appropriations:  Provided further, That any unexpended
    balances remaining at the end of such one-year agreements may be
    transferred and used for purposes of any debt reduction, maintenance,
    repair, or rehabilitation of any existing projects; preservation; and
    rental assistance activities authorized under title V of the Act:
    Provided further, That rental assistance provided under agreements
    entered into prior to fiscal year 2022 for a farm labor multi-family
    housing project financed under section 514 or 516 of the Act may not be
    recaptured for use in another project until such assistance has remained
    unused for a period of 12 consecutive months, if such project has a
    waiting list of tenants seeking such assistance or the project has
    rental assistance eligible tenants who are not receiving such
    assistance:  Provided further, <<NOTE: Applicability.>> That such
    recaptured rental assistance shall, to the extent practicable, be
    applied to another farm labor multi-family housing project financed
    under section 514 or 516 of the Act:  Provided
    further, <<NOTE: Determination.>> That except as provided in the fourth
    proviso under this heading and notwithstanding any other provision of
    the Act, the Secretary may recapture rental assistance provided under
    agreements entered into prior to fiscal year 2022 for a project that

    [[Page 136 STAT. 70]]

    the Secretary determines no longer needs rental assistance and use such
    recaptured funds for current needs.

                          rural housing voucher account

        For the rural housing voucher program as authorized under section
    542 of the Housing Act of 1949, but notwithstanding subsection (b) of
    such section, $45,000,000, to remain available until expended:
    Provided, That the funds made available under this heading shall be
    available for rural housing vouchers to any low-income household
    (including those not receiving rental assistance) residing in a property
    financed with a section 515 loan which has been prepaid or otherwise
    paid off after September 30, 2005:  Provided further, That the amount of
    such voucher shall be the difference between comparable market rent for
    the section 515 unit and the tenant paid rent for such unit:  Provided
    further, That funds made available for such vouchers shall be subject to
    the availability of annual appropriations:
    Provided <<NOTE: Applicability.>>  further, That the Secretary shall, to
    the maximum extent practicable, administer such vouchers with current
    regulations and administrative guidance applicable to section 8 housing
    vouchers administered by the Secretary of the Department of Housing and
    Urban Development:  Provided further, That in addition to any other
    available funds, the Secretary may expend not more than $1,000,000
    total, from the program funds made available under this heading, for
    administrative expenses for activities funded under this heading:
    Provided further, <<NOTE: Transfer authority.>> That any obligated or
    unobligated balances for the rural housing voucher program in the
    ``Multi-Family Housing Revitalization Program Account'' shall be
    transferred to and merged with this account and available for the rural
    housing voucher program.

                       mutual and self-help housing grants

        For grants and contracts pursuant to section 523(b)(1)(A) of the
    Housing Act of 1949 (42 U.S.C. 1490c), $32,000,000, to remain available
    until expended.

                         rural housing assistance grants

        For grants for very low-income housing repair and rural housing
    preservation made by the Rural Housing Service, as authorized by 42
    U.S.C. 1474, and 1490m, $48,000,000, to remain available until expended.

                   rural community facilities program account

                         (including transfers of funds)

        For gross obligations for the principal amount of direct and
    guaranteed loans as authorized by section 306 and described in section
    381E(d)(1) of the Consolidated Farm and Rural Development Act,
    $2,800,000,000 for direct loans and $650,000,000 for guaranteed loans.
        For the cost of direct loans, loan guarantees and grants, including
    the cost of modifying loans, as defined in section 502 of the
    Congressional Budget Act of 1974, for rural community facilities
    programs as authorized by section 306 and described in section
    381E(d)(1) of the Consolidated Farm and Rural Development

    [[Page 136 STAT. 71]]

    Act, $239,449,000, to remain available until expended, of which up to
    $183,448,714 shall be for the purposes, and in the amounts, specified
    for this account in the table titled ``Community Project Funding/
    Congressionally Directed Spending'' in the explanatory statement
    described in section 4 (in the matter preceding division A of this
    consolidated Act) in accordance with applicable statutory and regulatory
    requirements except for 7 CFR Sec. 3570.61(c):  Provided, That
    $6,000,000 of the amount appropriated under this heading shall be
    available for a Rural Community Development Initiative:  Provided
    further, That such funds shall be used solely to develop the capacity
    and ability of private, nonprofit community-based housing and community
    development organizations, low-income rural communities, and Federally
    Recognized Native American Tribes to undertake projects to improve
    housing, community facilities, community and economic development
    projects in rural areas:  Provided further, That such funds shall be
    made available to qualified private, nonprofit and public intermediary
    organizations proposing to carry out a program of financial and
    technical assistance:  Provided further, That such intermediary
    organizations shall provide matching funds from other sources, including
    Federal funds for related activities, in an amount not less than funds
    provided:  Provided further, <<NOTE: Loans. Grants.>>  That any
    unobligated balances from prior year appropriations under this heading
    for the cost of direct loans, loan guarantees and grants, including
    amounts deobligated or cancelled, may be made available to cover the
    subsidy costs for direct loans and or loan guarantees under this heading
    in this fiscal year:  Provided further, That no amounts may be made
    available pursuant to the preceding proviso from amounts that were
    designated by the Congress as an emergency requirement pursuant to a
    Concurrent Resolution on the Budget or the Balanced Budget and Emergency
    Deficit Control Act of 1985:  Provided further, That $10,000,000 of the
    amount appropriated under this heading shall be available for community
    facilities grants to tribal colleges, as authorized by section
    306(a)(19) of such Act:  Provided further, That sections 381E-H and 381N
    of the Consolidated Farm and Rural Development Act are not applicable to
    the funds made available under this heading.

                       Rural Business--Cooperative Service

                         rural business program account

                         (including transfers of funds)

        For the cost of loan guarantees and grants, for the rural business
    development programs authorized by section 310B and described in
    subsections (a), (c), (f) and (g) of section 310B of the Consolidated
    Farm and Rural Development Act, $73,125,000, to remain available until
    expended:  Provided, That of the amount appropriated under this heading,
    not to exceed $500,000 shall be made available for one grant to a
    qualified national organization to provide technical assistance for
    rural transportation in order to promote economic development and
    $9,000,000 shall be for grants to the Delta Regional Authority (7 U.S.C.
    2009aa et seq.), the Northern Border Regional Commission (40 U.S.C.
    15101 et seq.), and the Appalachian Regional Commission (40 U.S.C. 14101
    et seq.) for any Rural Community Advancement Program purpose

    [[Page 136 STAT. 72]]

    as described in section 381E(d) of the Consolidated Farm and Rural
    Development Act, of which not more than 5 percent may be used for
    administrative expenses:  Provided further, That $4,000,000 of the
    amount appropriated under this heading shall be for business grants to
    benefit Federally Recognized Native American Tribes, including $250,000
    for a grant to a qualified national organization to provide technical
    assistance for rural transportation in order to promote economic
    development:  Provided further, That of the amount appropriated under
    this heading, $2,000,000 shall be for the Rural Innovation Stronger
    Economy Grant Program (7 U.S.C. 2008w):  Provided further, That sections
    381E-H and 381N of the Consolidated Farm and Rural Development Act are
    not applicable to funds made available under this heading.

                   intermediary relending program fund account

                          (including transfer of funds)

        For the principal amount of direct loans, as authorized by the
    Intermediary Relending Program Fund Account (7 U.S.C. 1936b),
    $18,889,000.
        For the cost of direct loans, $1,524,000, as authorized by the
    Intermediary Relending Program Fund Account (7 U.S.C. 1936b), of which
    $167,000 shall be available through June 30, 2022, for Federally
    Recognized Native American Tribes; and of which $305,000 shall be
    available through June 30, 2022, for Mississippi Delta Region counties
    (as determined in accordance with Public Law 100-460):  Provided, That
    such costs, including the cost of modifying such loans, shall be as
    defined in section 502 of the Congressional Budget Act of 1974.
        In addition, for administrative expenses to carry out the direct
    loan programs, $4,468,000 shall be transferred to and merged with the
    appropriation for ``Rural Development, Salaries and Expenses''.

                rural economic development loans program account

        For the principal amount of direct loans, as authorized under
    section 313B(a) of the Rural Electrification Act, for the purpose of
    promoting rural economic development and job creation projects,
    $50,000,000.
        The cost of grants authorized under section 313B(a) of the Rural
    Electrification Act, for the purpose of promoting rural economic
    development and job creation projects shall not exceed $10,000,000.

                      rural cooperative development grants

        For rural cooperative development grants authorized under section
    310B(e) of the Consolidated Farm and Rural Development Act (7 U.S.C.
    1932), $27,600,000, of which $2,800,000 shall be for cooperative
    agreements for the appropriate technology transfer for rural areas
    program:  Provided, That not to exceed $3,000,000 shall be for grants
    for cooperative development centers, individual cooperatives, or groups
    of cooperatives that serve socially disadvantaged groups and a majority
    of the boards of directors or governing boards of which are comprised of
    individuals who are members of socially disadvantaged groups; and of
    which $16,000,000, to

    [[Page 136 STAT. 73]]

    remain available until expended, shall be for value-added agricultural
    product market development grants, as authorized by section 210A of the
    Agricultural Marketing Act of 1946, of which $3,000,000, to remain
    available until expended, shall be for Agriculture Innovation Centers
    authorized pursuant to section 6402 of Public Law 107-171.

                   rural microentrepreneur assistance program

        For gross obligations for the principal amount of direct loans as
    authorized by section 379E of the Consolidated Farm and Rural
    Development Act (U.S.C. 2008s), $150,000,000.
        For the cost of grants, $6,500,000 under the same terms and
    conditions as authorized by section 379E of the Consolidated Farm and
    Rural Development Act (7 U.S.C. 2008s).

                        rural energy for america program

        For the cost of a program of loan guarantees and grants, under the
    same terms and conditions as authorized by section 9007 of the Farm
    Security and Rural Investment Act of 2002 (7 U.S.C. 8107),
    $12,920,000: <<NOTE: Loans.>>  Provided, That the cost of loan
    guarantees, including the cost of modifying such loans, shall be as
    defined in section 502 of the Congressional Budget Act of 1974.

                        healthy food financing initiative

        For the cost of loans and grants that is consistent with section 243
    of subtitle D of title II of the Department of Agriculture
    Reorganization Act of 1994 (7 U.S.C. 6953), as added by section 4206 of
    the Agricultural Act of 2014, for necessary expenses of the Secretary to
    support projects that provide access to healthy food in underserved
    areas, to create and preserve quality jobs, and to revitalize low-income
    communities, $5,000,000, to remain available until expended:
    Provided, <<NOTE: Loans.>> That such costs of loans, including the cost
    of modifying such loans, shall be as defined in section 502 of the
    Congressional Budget Act of 1974.

                             Rural Utilities Service

                 rural water and waste disposal program account

                         (including transfers of funds)

        For gross obligations for the principal amount of direct and
    guaranteed loans as authorized by section 306 and described in section
    381E(d)(2) of the Consolidated Farm and Rural Development Act, as
    follows: $1,400,000,000 for direct loans; and $50,000,000 for guaranteed
    loans.
        For the cost of loan guarantees and grants, including the cost of
    modifying loans, as defined in section 502 of the Congressional Budget
    Act of 1974, for rural water, waste water, waste disposal, and solid
    waste management programs authorized by sections 306, 306A, 306C, 306D,
    306E, and 310B and described in sections 306C(a)(2), 306D, 306E, and
    381E(d)(2) of the Consolidated Farm and Rural Development Act,
    $653,307,000, to remain available until expended, of which not to exceed
    $1,000,000 shall be available for the rural utilities program described
    in section 306(a)(2)(B)

    [[Page 136 STAT. 74]]

    of such Act, and of which not to exceed $5,000,000 shall be available
    for the rural utilities program described in section 306E of such Act:
    Provided, That not to exceed $15,000,000 of the amount appropriated
    under this heading shall be for grants authorized by section 306A(i)(2)
    of the Consolidated Farm and Rural Development Act in addition to
    funding authorized by section 306A(i)(1) of such Act:  Provided further,
    That $70,000,000 of the amount appropriated under this heading shall be
    for loans and grants including water and waste disposal systems grants
    authorized by section 306C(a)(2)(B) and section 306D of the Consolidated
    Farm and Rural Development Act, and Federally Recognized Native American
    Tribes authorized by 306C(a)(1) of such Act:  Provided further, That
    funding provided for section 306D of the Consolidated Farm and Rural
    Development Act may be provided to a consortium formed pursuant to
    section 325 of Public Law 105-83:  Provided further, <<NOTE: Alaska.>>
    That not more than 2 percent of the funding provided for section 306D of
    the Consolidated Farm and Rural Development Act may be used by the State
    of Alaska for training and technical assistance programs and not more
    than 2 percent of the funding provided for section 306D of the
    Consolidated Farm and Rural Development Act may be used by a consortium
    formed pursuant to section 325 of Public Law 105-83 for training and
    technical assistance programs:  Provided
    further, <<NOTE: Determination.>>  That not to exceed $37,500,000 of the
    amount appropriated under this heading shall be for technical assistance
    grants for rural water and waste systems pursuant to section 306(a)(14)
    of such Act, unless the Secretary makes a determination of extreme need,
    of which $8,500,000 shall be made available for a grant to a qualified
    nonprofit multi-State regional technical assistance organization, with
    experience in working with small communities on water and waste water
    problems, the principal purpose of such grant shall be to assist rural
    communities with populations of 3,300 or less, in improving the
    planning, financing, development, operation, and management of water and
    waste water systems, and of which not less than $800,000 shall be for a
    qualified national Native American organization to provide technical
    assistance for rural water systems for tribal communities:  Provided
    further, That not to exceed $20,762,000 of the amount appropriated under
    this heading shall be for contracting with qualified national
    organizations for a circuit rider program to provide technical
    assistance for rural water systems:  Provided further, That not to
    exceed $4,000,000 of the amounts made available under this heading shall
    be for solid waste management grants:  Provided further, That
    $10,000,000 of the amount appropriated under this heading shall be
    transferred to, and merged with, the Rural Utilities Service, High
    Energy Cost Grants Account to provide grants authorized under section 19
    of the Rural Electrification Act of 1936 (7 U.S.C. 918a):  Provided
    further, That any prior year balances for high-energy cost grants
    authorized by section 19 of the Rural Electrification Act of 1936 (7
    U.S.C. 918a) shall be transferred to and merged with the Rural Utilities
    Service, High Energy Cost Grants Account:  Provided further, That
    sections 381E-H and 381N of the Consolidated Farm and Rural Development
    Act are not applicable to the funds made available under this heading.

    [[Page 136 STAT. 75]]

       rural electrification and telecommunications loans program account

                          (including transfer of funds)

        The principal amount of direct and guaranteed loans as authorized by
    sections 4, 305, 306, and 317 of the Rural Electrification Act of 1936
    (7 U.S.C. 904, 935, 936, and 940g) shall be made as follows: loans made
    pursuant to sections 4(c), 305(d)(2), 306, and 317, notwithstanding
    317(c) and 4(c)(2), of that Act, rural direct electric loans,
    $6,500,000,000; guaranteed underwriting loans pursuant to section 313A
    of that Act, $750,000,000; 5 percent rural telecommunications loans,
    cost of money rural telecommunications loans, and for loans made
    pursuant to section 306 of that Act, rural telecommunications loans,
    $690,000,000:  Provided, That up to $2,000,000,000 shall be used for the
    construction, acquisition, design and engineering or improvement of
    fossil-fueled electric generating plants (whether new or existing) that
    utilize carbon subsurface utilization and storage systems.
        For the cost of direct loans as authorized by section 305(d)(2) of
    the Rural Electrification Act of 1936 (7 U.S.C. 935(d)(2)), including
    the cost of modifying loans, as defined in section 502 of the
    Congressional Budget Act of 1974, cost of money rural telecommunications
    loans, $2,070,000.
        In addition, $11,500,000 to remain available until expended, to
    carry out section 6407 of the Farm Security and Rural Investment Act of
    2002 (7 U.S.C. 8107a):  Provided, That the energy efficiency measures
    supported by the funding in this paragraph shall contribute in a
    demonstrable way to the reduction of greenhouse gases.
        In addition, for administrative expenses necessary to carry out the
    direct and guaranteed loan programs, $33,270,000, which shall be
    transferred to and merged with the appropriation for ``Rural
    Development, Salaries and Expenses''.

             distance learning, telemedicine, and broadband program

        For grants for telemedicine and distance learning services in rural
    areas, as authorized by 7 U.S.C. 950aaa et seq., $62,510,000, to remain
    available until expended, of which up to $2,510,000 shall be for the
    purposes, and in the amounts, specified for this account in the table
    titled ``Community Project Funding/Congressionally Directed Spending''
    in the explanatory statement described in section 4 (in the matter
    preceding division A of this consolidated Act), in accordance with
    applicable statutory and regulatory requirements:  Provided, That
    $3,000,000 shall be made available for grants authorized by section 379G
    of the Consolidated Farm and Rural Development Act:  Provided
    further, <<NOTE: Grants.>>  That funding provided under this heading for
    grants under section 379G of the Consolidated Farm and Rural Development
    Act may only be provided to entities that meet all of the eligibility
    criteria for a consortium as established by this section.

        For the cost of broadband loans, as authorized by sections 601 and
    602 of the Rural Electrification Act, $2,272,000, to remain available
    until expended:  Provided, That the cost of direct loans shall be as
    defined in section 502 of the Congressional Budget Act of 1974.
        For the broadband loan and grant pilot program established by
    section 779 of division A of the Consolidated Appropriations

    [[Page 136 STAT. 76]]

    Act, 2018 (Public Law 115-141) under the Rural Electrification Act of
    1936, as amended (7 U.S.C. 901 et seq.), $436,605,000, to remain
    available until expended, of which up to $36,604,792 shall be for the
    purposes, and in the amounts, specified for this account in the table
    titled ``Community Project Funding/Congressionally Directed Spending''
    in the explanatory statement described in section 4 (in the matter
    preceding division A of this consolidated Act), in accordance with
    applicable statutory and regulatory requirements:
    Provided, <<NOTE: Grants.>> That the Secretary may award grants
    described in section 601(a) of the Rural Electrification Act of 1936, as
    amended (7 U.S.C. 950bb(a)) for the purposes of carrying out such pilot
    program:  Provided further, That the cost of direct loans shall be
    defined in section 502 of the Congressional Budget Act of 1974:
    Provided further, That at least 90 percent of the households to be
    served by a project receiving a loan or grant under the pilot program
    shall be in a rural area without sufficient access to broadband:
    Provided further, That for purposes of such pilot program, a rural area
    without sufficient access to broadband shall be defined as twenty-five
    megabytes per second downstream and three megabytes per second upstream:
     Provided further, That to the extent possible, projects receiving funds
    provided under the pilot program must build out service to at least one
    hundred megabytes per second downstream, and twenty megabytes per second
    upstream:  Provided further, That an entity to which a loan or grant is
    made under the pilot program shall not use the loan or grant to
    overbuild or duplicate broadband service in a service area by any entity
    that has received a broadband loan from the Rural Utilities Service
    unless such service is not provided sufficient access to broadband at
    the minimum service threshold:  Provided further, That not more than
    four percent of the funds made available in this paragraph can be used
    for administrative costs to carry out the pilot program and up to three
    percent of funds made available in this paragraph may be available for
    technical assistance and pre-development planning activities to support
    the most rural communities:  Provided further, That the Rural Utilities
    Service is directed to expedite program delivery methods that would
    implement this paragraph:  Provided further, <<NOTE: Requirements.>>
    That for purposes of this paragraph, the Secretary shall adhere to the
    notice, reporting and service area assessment requirements set forth in
    section 701 of the Rural Electrification Act (7 U.S.C. 950cc).

        In addition, $35,000,000, to remain available until expended, for
    the Community Connect Grant Program authorized by 7 U.S.C. 950bb-3.

                                    TITLE IV

                             DOMESTIC FOOD PROGRAMS

    Office of the Under Secretary for Food, Nutrition, and Consumer Services

        For necessary expenses of the Office of the Under Secretary for
    Food, Nutrition, and Consumer Services, $1,327,000:  Provided, That
    funds made available by this Act to an agency in the Food, Nutrition and
    Consumer Services mission area for salaries and expenses are available
    to fund up to one administrative support staff for the Office.

    [[Page 136 STAT. 77]]

                           Food and Nutrition Service

                            child nutrition programs

                         (including transfers of funds)

        For necessary expenses to carry out the Richard B. Russell National
    School Lunch Act (42 U.S.C. 1751 et seq.), except section 21, and the
    Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.), except sections 17
    and 21; $26,883,922,000 to remain available through September 30, 2023,
    of which such sums as are made available under section 14222(b)(1) of
    the Food, Conservation, and Energy Act of 2008 (Public Law 110-246), as
    amended by this Act, shall be merged with and available for the same
    time period and purposes as provided herein:  Provided, That of the
    total amount available, $18,004,000 shall be available to carry out
    section 19 of the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.):
    Provided further, That of the total amount available, $15,607,000 shall
    be available to carry out studies and evaluations and shall remain
    available until expended:  Provided further, That of the total amount
    available, $12,000,000 shall remain available until expended to carry
    out section 18(g) of the Richard B. Russell National School Lunch Act
    (42 U.S.C. 1769(g)):  Provided further, That notwithstanding section
    18(g)(3)(C) of the Richard B. Russell National School Lunch Act (42
    U.S.C. 1769(g)(3)(c)), the total grant amount provided to a farm to
    school grant recipient in fiscal year 2022 shall not exceed $500,000:
    Provided further, That of the total amount available, $30,000,000 shall
    be available to provide competitive grants to State agencies for
    subgrants to local educational agencies and schools to purchase the
    equipment, with a value of greater than $1,000, needed to serve
    healthier meals, improve food safety, and to help support the
    establishment, maintenance, or expansion of the school breakfast
    program:  Provided further, That of the total amount available,
    $45,000,000 shall remain available until expended to carry out section
    749(g) of the Agriculture Appropriations Act of 2010 (Public Law 111-
    80):  Provided further, That of the total amount available, $2,000,000
    shall remain available until expended to carry out activities authorized
    under subsections (a)(2) and (e)(2) of section 21 of the Richard B.
    Russell National School Lunch Act (42 U.S.C. 1769b-1(a)(2) and (e)(2)):
    Provided further, That of the total amount available, $6,000,000 shall
    be available until September 30, 2023 to carry out section 23 of the
    Child Nutrition Act of 1966 (42 U.S.C. 1793), of which $2,000,000 shall
    be for grants under such section to the Commonwealth of Puerto Rico, the
    Commonwealth of the Northern Mariana Islands, the United States Virgin
    Islands, Guam, and American Samoa:  Provided further, That section 26(d)
    of the Richard B. Russell National School Lunch Act (42 U.S.C. 1769g(d))
    is amended in the first sentence by striking ``2010 through 2022'' and
    inserting ``2010 through 2023'':  Provided further, That section 9(h)(3)
    of the Richard B. Russell National School Lunch Act (42 U.S.C.
    1758(h)(3)) is amended in the first sentence by striking ``For fiscal
    year 2021'' and inserting ``For fiscal year 2022'':  Provided further,
    That section 9(h)(4) of the Richard B. Russell National School Lunch Act
    (42 U.S.C. 1758(h)(4)) is amended in the first sentence by striking
    ``For fiscal year 2021'' and inserting ``For fiscal year 2022''.

    [[Page 136 STAT. 78]]

    special supplemental nutrition program for women, infants, and children
                                      (wic)

        For necessary expenses to carry out the special supplemental
    nutrition program as authorized by section 17 of the Child Nutrition Act
    of 1966 (42 U.S.C. 1786), $6,000,000,000, to remain available through
    September 30, 2023:  Provided, That notwithstanding section 17(h)(10) of
    the Child Nutrition Act of 1966 (42 U.S.C. 1786(h)(10)), not less than
    $90,000,000 shall be used for breastfeeding peer counselors and other
    related activities, and $14,000,000 shall be used for infrastructure:
    Provided further, That none of the funds provided in this account shall
    be available for the purchase of infant formula except in accordance
    with the cost containment and competitive bidding requirements specified
    in section 17 of such Act:  Provided further, <<NOTE: Reimbursement.>>
    That none of the funds provided shall be available for activities that
    are not fully reimbursed by other Federal Government departments or
    agencies unless authorized by section 17 of such Act:  Provided
    further, <<NOTE: Waiver authority.>>  That upon termination of a
    federally mandated vendor moratorium and subject to terms and conditions
    established by the Secretary, the Secretary may waive the requirement at
    7 CFR 246.12(g)(6) at the request of a State agency.

                    supplemental nutrition assistance program

        For necessary expenses to carry out the Food and Nutrition Act of
    2008 (7 U.S.C. 2011 et seq.), $140,440,868,000, of which $3,000,000,000,
    to remain available through September 30, 2024, shall be placed in
    reserve for use only in such amounts and at such times as may become
    necessary to carry out program operations:  Provided, That funds
    provided herein shall be expended in accordance with section 16 of the
    Food and Nutrition Act of 2008:  Provided further, That of the funds
    made available under this heading, $998,000 may be used to provide
    nutrition education services to State agencies and Federally Recognized
    Tribes participating in the Food Distribution Program on Indian
    Reservations:  Provided further, That of the funds made available under
    this heading, $3,000,000, to remain available until September 30, 2023,
    shall be used to carry out section 4003(b) of Public Law 115-334
    relating to demonstration projects for tribal organizations:  Provided
    further, <<NOTE: Workfare requirements.>>  That this appropriation shall
    be subject to any work registration or workfare requirements as may be
    required by law:  Provided further, That funds made available for
    Employment and Training under this heading shall remain available
    through September 30, 2023:  Provided further, That funds made available
    under this heading for section 28(d)(1), section 4(b), and section 27(a)
    of the Food and Nutrition Act of 2008 shall remain available through
    September 30, 2023:  Provided further, That none of the funds made
    available under this heading may be obligated or expended in
    contravention of section 213A of the Immigration and Nationality Act (8
    U.S.C. 1183A):  Provided
    further, <<NOTE: Contracts. Studies. Evaluations.>> That funds made
    available under this heading may be used to enter into contracts and
    employ staff to conduct studies, evaluations, or to conduct activities
    related to program integrity provided that such activities are
    authorized by the Food and Nutrition Act of 2008.

    [[Page 136 STAT. 79]]

                          commodity assistance program

        For necessary expenses to carry out disaster assistance and the
    Commodity Supplemental Food Program as authorized by section 4(a) of the
    Agriculture and Consumer Protection Act of 1973 (7 U.S.C. 612c note);
    the Emergency Food Assistance Act of 1983; special assistance for the
    nuclear affected islands, as authorized by section 103(f)(2) of the
    Compact of Free Association Amendments Act of 2003 (Public Law 108-188);
    and the Farmers' Market Nutrition Program, as authorized by section
    17(m) of the Child Nutrition Act of 1966, $440,070,000, to remain
    available through September 30, 2023:  Provided, That none of these
    funds shall be available to reimburse the Commodity Credit Corporation
    for commodities donated to the program:  Provided further, That
    notwithstanding any other provision of law, effective with funds made
    available in fiscal year 2022 to support the Seniors Farmers' Market
    Nutrition Program, as authorized by section 4402 of the Farm Security
    and Rural Investment Act of 2002, such funds shall remain available
    through September 30, 2023:  Provided further, That of the funds made
    available under section 27(a) of the Food and Nutrition Act of 2008 (7
    U.S.C. 2036(a)), the Secretary may use up to 20 percent for costs
    associated with the distribution of commodities.

                        nutrition programs administration

        For necessary administrative expenses of the Food and Nutrition
    Service for carrying out any domestic nutrition assistance program,
    $170,133,000:  Provided, That of the funds provided herein, $2,000,000
    shall be used for the purposes of section 4404 of Public Law 107-171, as
    amended by section 4401 of Public Law 110-246.

                                     TITLE V

                     FOREIGN ASSISTANCE AND RELATED PROGRAMS

    Office of the Under Secretary for Trade and Foreign Agricultural Affairs

        For necessary expenses of the Office of the Under Secretary for
    Trade and Foreign Agricultural Affairs, $908,000:  Provided, That funds
    made available by this Act to any agency in the Trade and Foreign
    Agricultural Affairs mission area for salaries and expenses are
    available to fund up to one administrative support staff for the Office.

                          office of codex alimentarius

        For necessary expenses of the Office of Codex Alimentarius,
    $4,841,000, including not to exceed $40,000 for official reception and
    representation expenses.

    [[Page 136 STAT. 80]]

                          Foreign Agricultural Service

                              salaries and expenses

                         (including transfers of funds)

        For necessary expenses of the Foreign Agricultural Service,
    including not to exceed $250,000 for representation allowances and for
    expenses pursuant to section 8 of the Act approved August 3, 1956 (7
    U.S.C. 1766), $228,644,000, of which no more than 6 percent shall remain
    available until September 30, 2023, for overseas operations to include
    the payment of locally employed staff:
    Provided, <<NOTE: Reimbursement.>> That the Service may utilize advances
    of funds, or reimburse this appropriation for expenditures made on
    behalf of Federal agencies, public and private organizations and
    institutions under agreements executed pursuant to the agricultural food
    production assistance programs (7 U.S.C. 1737) and the foreign
    assistance programs of the United States Agency for International
    Development:  Provided further, That funds made available for middle-
    income country training programs, funds made available for the Borlaug
    International Agricultural Science and Technology Fellowship program,
    and up to $2,000,000 of the Foreign Agricultural Service appropriation
    solely for the purpose of offsetting fluctuations in international
    currency exchange rates, subject to documentation by the Foreign
    Agricultural Service, shall remain available until expended.

                         food for peace title ii grants

        For expenses during the current fiscal year, not otherwise
    recoverable, and unrecovered prior years' costs, including interest
    thereon, under the Food for Peace Act (Public Law 83-480), for
    commodities supplied in connection with dispositions abroad under title
    II of said Act, $1,740,000,000, to remain available until expended.

       mcgovern-dole international food for education and child nutrition
                                 program grants

        For necessary expenses to carry out the provisions of section 3107
    of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 1736o-
    1), $237,000,000, to remain available until expended:
    Provided, <<NOTE: Reimbursement.>> That the Commodity Credit Corporation
    is authorized to provide the services, facilities, and authorities for
    the purpose of implementing such section, subject to reimbursement from
    amounts provided herein:  Provided further, That of the amount made
    available under this heading, not more than 10 percent, but not less
    than $23,700,000, shall remain available until expended to purchase
    agricultural commodities as described in subsection 3107(a)(2) of the
    Farm Security and Rural Investment Act of 2002 (7 U.S.C. 1736o-1(a)(2)).

    [[Page 136 STAT. 81]]

      commodity credit corporation export (loans) credit guarantee program
                                     account

                         (including transfers of funds)

        For administrative expenses to carry out the Commodity Credit
    Corporation's Export Guarantee Program, GSM 102 and GSM 103, $6,063,000,
    to cover common overhead expenses as permitted by section 11 of the
    Commodity Credit Corporation Charter Act and in conformity with the
    Federal Credit Reform Act of 1990, which shall be transferred to and
    merged with the appropriation for ``Foreign Agricultural Service,
    Salaries and Expenses''.

                                    TITLE VI

                RELATED AGENCIES AND FOOD AND DRUG ADMINISTRATION

                     Department of Health and Human Services

                          food and drug administration

                              salaries and expenses

                         (including transfers of funds)

        For necessary expenses of the Food and Drug Administration,
    including hire and purchase of passenger motor vehicles; for payment of
    space rental and related costs pursuant to Public Law 92-313 for
    programs and activities of the Food and Drug Administration which are
    included in this Act; for rental of special purpose space in the
    District of Columbia or elsewhere; in addition to amounts appropriated
    to the FDA Innovation Account, for carrying out the activities described
    in section 1002(b)(4) of the 21st Century Cures Act (Public Law 114-
    255); for miscellaneous and emergency expenses of enforcement
    activities, authorized and approved by the Secretary and to be accounted
    for solely on the Secretary's certificate, not to exceed $25,000; and
    notwithstanding section 521 of Public Law 107-188; $6,095,882,000:
    Provided, That of the amount provided under this heading, $1,200,129,000
    shall be derived from prescription drug user fees authorized by 21
    U.S.C. 379h, and shall be credited to this account and remain available
    until expended; $243,473,000 shall be derived from medical device user
    fees authorized by 21 U.S.C. 379j, and shall be credited to this account
    and remain available until expended; $539,656,000 shall be derived from
    human generic drug user fees authorized by 21 U.S.C. 379j-42, and shall
    be credited to this account and remain available until expended;
    $40,040,000 shall be derived from biosimilar biological product user
    fees authorized by 21 U.S.C. 379j-52, and shall be credited to this
    account and remain available until expended; $31,641,000 shall be
    derived from animal drug user fees authorized by 21 U.S.C. 379j-12, and
    shall be credited to this account and remain available until expended;
    $24,798,000 shall be derived from generic new animal drug user fees
    authorized by 21 U.S.C. 379j-21, and shall be credited to this account
    and remain available until expended; $712,000,000 shall be derived from
    tobacco product user fees authorized by 21 U.S.C. 387s, and shall be
    credited to this account and remain available until

    [[Page 136 STAT. 82]]

    expended:  Provided further, That in addition to and notwithstanding any
    other provision under this heading, amounts collected for prescription
    drug user fees, medical device user fees, human generic drug user fees,
    biosimilar biological product user fees, animal drug user fees, and
    generic new animal drug user fees that exceed the respective fiscal year
    2022 limitations are appropriated and shall be credited to this account
    and remain available until expended:  Provided further, That fees
    derived from prescription drug, medical device, human generic drug,
    biosimilar biological product, animal drug, and generic new animal drug
    assessments for fiscal year 2022, including any such fees collected
    prior to fiscal year 2022 but credited for fiscal year 2022, shall be
    subject to the fiscal year 2022 limitations:  Provided further, That the
    Secretary may accept payment during fiscal year 2022 of user fees
    specified under this heading and authorized for fiscal year 2023, prior
    to the due date for such fees, and that amounts of such fees assessed
    for fiscal year 2023 for which the Secretary accepts payment in fiscal
    year 2022 shall not be included in amounts under this heading:  Provided
    further, That none of these funds shall be used to develop, establish,
    or operate any program of user fees authorized by 31 U.S.C. 9701:
    Provided further, That of the total amount appropriated: (1)
    $1,133,176,000 shall be for the Center for Food Safety and Applied
    Nutrition and related field activities in the Office of Regulatory
    Affairs, of which no less than $15,000,000 shall be used for inspections
    of foreign seafood manufacturers and field examinations of imported
    seafood; (2) $2,115,017,000 shall be for the Center for Drug Evaluation
    and Research and related field activities in the Office of Regulatory
    Affairs, of which no less than $8,500,000 shall be for pilots to
    increase unannounced foreign inspections and shall remain available
    until expended; (3) $456,882,000 shall be for the Center for Biologics
    Evaluation and Research and for related field activities in the Office
    of Regulatory Affairs; (4) $254,255,000 shall be for the Center for
    Veterinary Medicine and for related field activities in the Office of
    Regulatory Affairs; (5) $628,639,000 shall be for the Center for Devices
    and Radiological Health and for related field activities in the Office
    of Regulatory Affairs; (6) $70,348,000 shall be for the National Center
    for Toxicological Research; (7) $679,944,000 shall be for the Center for
    Tobacco Products and for related field activities in the Office of
    Regulatory Affairs; (8) $192,691,000 shall be for Rent and Related
    activities, of which $53,832,000 is for White Oak Consolidation, other
    than the amounts paid to the General Services Administration for rent;
    (9) $235,691,000 shall be for payments to the General Services
    Administration for rent; and (10) $329,239,000 shall be for other
    activities, including the Office of the Commissioner of Food and Drugs,
    the Office of Food Policy and Response, the Office of Operations, the
    Office of the Chief Scientist, and central services for these offices:
    Provided further, <<NOTE: Determination.>> That not to exceed $25,000 of
    this amount shall be for official reception and representation expenses,
    not otherwise provided for, as determined by the Commissioner:  Provided
    further, That any transfer of funds pursuant to, and for the
    administration of, section 770(n) of the Federal Food, Drug, and
    Cosmetic Act (21 U.S.C. 379dd(n)) shall only be from amounts made
    available under this heading for other activities and shall not exceed
    $2,000,000:  Provided further, That of the amounts that are made
    available under this heading for ``other activities'', and

    [[Page 136 STAT. 83]]

    that are not derived from user fees, $1,500,000 shall be transferred to
    and merged with the appropriation for ``Department of Health and Human
    Services--Office of Inspector General'' for oversight of the programs
    and operations of the Food and Drug Administration and shall be in
    addition to funds otherwise made available for oversight of the Food and
    Drug Administration:  Provided further, That funds may
    be <<NOTE: Advance approval.>>  transferred from one specified activity
    to another with the prior approval of the Committees on Appropriations
    of both Houses of Congress.

        In addition, mammography <<NOTE: Fees.>>  user fees authorized by 42
    U.S.C. 263b, export certification user fees authorized by 21 U.S.C. 381,
    priority review user fees authorized by 21 U.S.C. 360n and 360ff, food
    and feed recall fees, food reinspection fees, and voluntary qualified
    importer program fees authorized by 21 U.S.C. 379j-31, outsourcing
    facility fees authorized by 21 U.S.C. 379j-62, prescription drug
    wholesale distributor licensing and inspection fees authorized by 21
    U.S.C. 353(e)(3), third-party logistics provider licensing and
    inspection fees authorized by 21 U.S.C. 360eee-3(c)(1), third-party
    auditor fees authorized by 21 U.S.C. 384d(c)(8), medical countermeasure
    priority review voucher user fees authorized by 21 U.S.C. 360bbb-4a, and
    fees relating to over-the-counter monograph drugs authorized by 21
    U.S.C. 379j-72 shall be credited to this account, to remain available
    until expended.

                            buildings and facilities

        For plans, construction, repair, improvement, extension, alteration,
    demolition, and purchase of fixed equipment or facilities of or used by
    the Food and Drug Administration, where not otherwise provided,
    $12,788,000, to remain available until expended.

                        fda innovation account, cures act

                          (including transfer of funds)

        For necessary expenses to carry out the purposes described under
    section 1002(b)(4) of the 21st Century Cures Act, in addition to amounts
    available for such purposes under the heading ``Salaries and Expenses'',
    $50,000,000, to remain available until expended:  Provided, That amounts
    appropriated in this paragraph are appropriated pursuant to section
    1002(b)(3) of the 21st Century Cures Act, are to be derived from amounts
    transferred under section 1002(b)(2)(A) of such Act, and may be
    transferred by the Commissioner of Food and Drugs to the appropriation
    for ``Department of Health and Human Services Food and Drug
    Administration Salaries and Expenses'' solely for the purposes provided
    in such Act:  Provided further, <<NOTE: Determination.>>  That upon a
    determination by the Commissioner that funds transferred pursuant to the
    previous proviso are not necessary for the purposes provided, such
    amounts may be transferred back to the account:  Provided further, That
    such transfer authority is in addition to any other transfer authority
    provided by law.

    [[Page 136 STAT. 84]]

                              INDEPENDENT AGENCIES

                      Commodity Futures Trading Commission

                          (including transfer of funds)

        For necessary expenses to carry out the provisions of the Commodity
    Exchange Act (7 U.S.C. 1 et seq.), including the purchase and hire of
    passenger motor vehicles, and the rental of space (to include multiple
    year leases), in the District of Columbia and elsewhere, $320,000,000,
    including not to exceed $3,000 for official reception and representation
    expenses, and not to exceed $25,000 for the expenses for consultations
    and meetings hosted by the Commission with foreign governmental and
    other regulatory officials, of which not less than $20,000,000 shall
    remain available until September 30, 2023, and of which not less than
    $4,017,000 shall be for expenses of the Office of the Inspector General:
     Provided, That notwithstanding the limitations in 31 U.S.C. 1553,
    amounts provided under this heading are available for the liquidation of
    obligations equal to current year payments on leases entered into prior
    to the date of enactment of this Act:  Provided further, That for the
    purpose of recording and liquidating any lease obligations that should
    have been recorded and liquidated against accounts closed pursuant to 31
    U.S.C. 1552, and consistent with the preceding proviso, such amounts
    shall be transferred to and recorded in a no-year account in the
    Treasury, which has been established for the sole purpose of recording
    adjustments for and liquidating such unpaid obligations.
        In addition, for move, replication, and related costs associated
    with replacement leases for the Commission's facilities, not to exceed
    $62,000,000, to remain available until expended.

                           Farm Credit Administration

                      limitation on administrative expenses

        Not to exceed $84,200,000 (from assessments collected from farm
    credit institutions, including the Federal Agricultural Mortgage
    Corporation) shall be obligated during the current fiscal year for
    administrative expenses as authorized under 12 U.S.C. 2249:  Provided,
    That this limitation shall not apply to expenses associated with
    receiverships:  Provided further, <<NOTE: Notification.>> That the
    agency may exceed this limitation by up to 10 percent with notification
    to the Committees on Appropriations of both Houses of Congress:
    Provided further, That the purposes of section 3.7(b)(2)(A)(i) of the
    Farm Credit Act of 1971 (12 U.S.C. 2128(b)(2)(A)(i)), the Farm Credit
    Administration may exempt, an amount in its sole discretion, from the
    application of the limitation provided in that clause of export loans
    described in the clause guaranteed or insured in a manner other than
    described in subclause (II) of the clause.

    [[Page 136 STAT. 85]]

                                    TITLE VII

                               GENERAL PROVISIONS

                 (including rescissions and transfers of funds)

        Sec. 701.  The Secretary may use any appropriations made available
    to the Department of Agriculture in this Act to purchase new passenger
    motor vehicles, in addition to specific appropriations for this purpose,
    so long as the total number of vehicles purchased in fiscal year 2022
    does not exceed the number of vehicles owned or leased in fiscal year
    2018:  Provided, <<NOTE: Determination.>>  That, prior to purchasing
    additional motor vehicles, the Secretary must determine that such
    vehicles are necessary for transportation safety, to reduce operational
    costs, and for the protection of life, property, and public safety:
    Provided further, <<NOTE: Notification. Approval. Deadline.>> That the
    Secretary may not increase the Department of Agriculture's fleet above
    the 2018 level unless the Secretary notifies in writing, and receives
    approval from, the Committees on Appropriations of both Houses of
    Congress within 30 days of the notification.

        Sec. 702. <<NOTE: Advance approvals. Notifications.>>
    Notwithstanding any other provision of this Act, the Secretary of
    Agriculture may transfer unobligated balances of discretionary funds
    appropriated by this Act or any other available unobligated
    discretionary balances that are remaining available of the Department of
    Agriculture to the Working Capital Fund for the acquisition of property,
    plant and equipment and for the improvement, delivery, and
    implementation of Department financial, and administrative information
    technology services, and other support systems necessary for the
    delivery of financial, administrative, and information technology
    services, including cloud adoption and migration, of primary benefit to
    the agencies of the Department of Agriculture, such transferred funds to
    remain available until expended:  Provided, That none of the funds made
    available by this Act or any other Act shall be transferred to the
    Working Capital Fund without the prior approval of the agency
    administrator:  Provided further, That none of the funds transferred to
    the Working Capital Fund pursuant to this section shall be available for
    obligation without written notification to and the prior approval of the
    Committees on Appropriations of both Houses of Congress:  Provided
    further, That none of the funds appropriated by this Act or made
    available to the Department's Working Capital Fund shall be available
    for obligation or expenditure to make any changes to the Department's
    National Finance Center without written notification to and prior
    approval of the Committees on Appropriations of both Houses of Congress
    as required by section 716 of this Act:  Provided further, That none of
    the funds appropriated by this Act or made available to the Department's
    Working Capital Fund shall be available for obligation or expenditure to
    initiate, plan, develop, implement, or make any changes to remove or
    relocate any systems, missions, personnel, or functions of the offices
    of the Chief Financial Officer and the Chief Information Officer, co-
    located with or from the National Finance Center prior to written
    notification to and prior approval of the Committee on Appropriations of
    both Houses of Congress and in accordance with the requirements of
    section 716 of this Act:  Provided further, That the National Finance
    Center Information Technology Services Division personnel and data
    center management responsibilities, and control of any

    [[Page 136 STAT. 86]]

    functions, missions, and systems for current and future human resources
    management and integrated personnel and payroll systems (PPS) and
    functions provided by the Chief Financial Officer and the Chief
    Information Officer shall remain in the National Finance Center and
    under the management responsibility and administrative control of the
    National Finance Center:  Provided further, That the Secretary of
    Agriculture and the offices of the Chief Financial Officer shall
    actively market to existing and new Departments and other government
    agencies National Finance Center shared services including, but not
    limited to, payroll, financial management, and human capital shared
    services and allow the National Finance Center to perform technology
    upgrades:  Provided further, That of annual income amounts in the
    Working Capital Fund of the Department of Agriculture attributable to
    the amounts in excess of the true costs of the shared services provided
    by the National Finance Center and budgeted for the National Finance
    Center, the Secretary shall reserve not more than 4 percent for the
    replacement or acquisition of capital equipment, including equipment for
    the improvement, delivery, and implementation of financial,
    administrative, and information technology services, and other systems
    of the National Finance Center or to pay any unforeseen, extraordinary
    cost of the National Finance Center: Provided further, That none of the
    amounts reserved shall be available for obligation unless the Secretary
    submits written notification of the obligation to the Committees on
    Appropriations of both Houses of Congress:  Provided
    further, <<NOTE: Determination.>> That the limitations on the obligation
    of funds pending notification to Congressional Committees shall not
    apply to any obligation that, as determined by the Secretary, is
    necessary to respond to a declared state of emergency that significantly
    impacts the operations of the National Finance Center; or to evacuate
    employees of the National Finance Center to a safe haven to continue
    operations of the National Finance Center.

        Sec. 703.  No part of any appropriation contained in this Act shall
    remain available for obligation beyond the current fiscal year unless
    expressly so provided herein.
        Sec. 704. <<NOTE: Contracts.>> No funds appropriated by this Act may
    be used to pay negotiated indirect cost rates on cooperative agreements
    or similar arrangements between the United States Department of
    Agriculture and nonprofit institutions in excess of 10 percent of the
    total direct cost of the agreement when the purpose of such cooperative
    arrangements is to carry out programs of mutual interest between the two
    parties. This does not preclude appropriate payment of indirect costs on
    grants and contracts with such institutions when such indirect costs are
    computed on a similar basis for all agencies for which appropriations
    are provided in this Act.

        Sec. 705.  Appropriations to the Department of Agriculture for the
    cost of direct and guaranteed loans made available in the current fiscal
    year shall remain available until expended to disburse obligations made
    in the current fiscal year for the following accounts: the Rural
    Development Loan Fund program account, the Rural Electrification and
    Telecommunication Loans program account, and the Rural Housing Insurance
    Fund program account.
        Sec. 706. <<NOTE: Determination. Approvals.>> None of the funds made
    available to the Department of Agriculture by this Act may be used to
    acquire new information technology systems or significant upgrades, as
    determined by the Office of the Chief Information Officer, without the
    approval of the Chief Information Officer and the concurrence of the
    Executive

    [[Page 136 STAT. 87]]

    Information Technology Investment Review Board: <<NOTE: Notification.>>
     Provided, That notwithstanding any other provision of law, none of the
    funds appropriated or otherwise made available by this Act may be
    transferred to the Office of the Chief Information Officer without
    written notification to and the prior approval of the Committees on
    Appropriations of both Houses of Congress:  Provided further, That
    notwithstanding section 11319 of title 40, United States Code, none of
    the funds available to the Department of Agriculture for information
    technology shall be obligated for projects, contracts, or other
    agreements over $25,000 prior to receipt of written approval by the
    Chief Information Officer:  Provided further, That the Chief Information
    Officer may authorize an agency to obligate funds without written
    approval from the Chief Information Officer for projects, contracts, or
    other agreements up to $250,000 based upon the performance of an agency
    measured against the performance plan requirements described in the
    explanatory statement accompanying Public Law 113-235.

        Sec. 707.  Funds made available under section 524(b) of the Federal
    Crop Insurance Act (7 U.S.C. 1524(b)) in the current fiscal year shall
    remain available until expended to disburse obligations made in the
    current fiscal year.
        Sec. 708.  Notwithstanding any other provision of law, any former
    Rural Utilities Service borrower that has repaid or prepaid an insured,
    direct or guaranteed loan under the Rural Electrification Act of 1936,
    or any not-for-profit utility that is eligible to receive an insured or
    direct loan under such Act, shall be eligible for assistance under
    section 313B(a) of such Act in the same manner as a borrower under such
    Act.
        Sec. 709. (a) Except as otherwise specifically provided by law, not
    more than $20,000,000 in unobligated balances from appropriations made
    available for salaries and expenses in this Act for the Farm Service
    Agency shall remain available through September 30, 2023, for
    information technology expenses.
        (b) Except as otherwise specifically provided by law, not more than
    $20,000,000 in unobligated balances from appropriations made available
    for salaries and expenses in this Act for the Rural Development mission
    area shall remain available through September 30, 2023, for information
    technology expenses.
        Sec. 710.  None of the funds appropriated or otherwise made
    available by this Act may be used for first-class travel by the
    employees of agencies funded by this Act in contravention of sections
    301-10.122 through 301-10.124 of title 41, Code of Federal Regulations.
        Sec. 711.  In the case of each program established or amended by the
    Agricultural Act of 2014 (Public Law 113-79) or by a successor to that
    Act, other than by title I or subtitle A of title III of such Act, or
    programs for which indefinite amounts were provided in that Act, that is
    authorized or required to be carried out using funds of the Commodity
    Credit Corporation--
                (1) such funds shall be available for salaries and related
            administrative expenses, including technical assistance,
            associated with the implementation of the program, without
            regard to the limitation on the total amount of allotments and
            fund transfers contained in section 11 of the Commodity Credit
            Corporation Charter Act (15 U.S.C. 714i); and
                (2) the use of such funds for such purpose shall not be
            considered to be a fund transfer or allotment for purposes

    [[Page 136 STAT. 88]]

            of applying the limitation on the total amount of allotments and
            fund transfers contained in such section.

        Sec. 712.  Of the funds made available by this Act, not more than
    $2,900,000 shall be used to cover necessary expenses of activities
    related to all advisory committees, panels, commissions, and task forces
    of the Department of Agriculture, except for panels used to comply with
    negotiated rule makings and panels used to evaluate competitively
    awarded grants.
        Sec. 713. (a) <<NOTE: Pornography.>>  None of the funds made
    available in this Act may be used to maintain or establish a computer
    network unless such network blocks the viewing, downloading, and
    exchanging of pornography.

        (b) Nothing in subsection (a) shall limit the use of funds necessary
    for any Federal, State, tribal, or local law enforcement agency or any
    other entity carrying out criminal investigations, prosecution, or
    adjudication activities.
        Sec. 714.  Notwithstanding subsection (b) of section 14222 of Public
    Law 110-246 (7 U.S.C. 612c-6; in this section referred to as ``section
    14222''), none of the funds appropriated or otherwise made available by
    this or any other Act shall be used to pay the salaries and expenses of
    personnel to carry out a program under section 32 of the Act of August
    24, 1935 (7 U.S.C. 612c; in this section referred to as ``section 32'')
    in excess of $1,391,211,000 (exclusive of carryover appropriations from
    prior fiscal years), as follows: Child Nutrition Programs Entitlement
    Commodities--$485,000,000; State Option Contracts--$5,000,000; Removal
    of Defective Commodities--$2,500,000; Administration of section 32
    Commodity Purchases--$36,810,000:  Provided, <<NOTE: Notification. Time
    period.>> That, of the total funds made available in the matter
    preceding this proviso that remain unobligated on October 1, 2022, such
    unobligated balances shall carryover into fiscal year 2023 and shall
    remain available until expended for any of the purposes of section 32,
    except that any such carryover funds used in accordance with clause (3)
    of section 32 may not exceed $350,000,000 and may not be obligated until
    the Secretary of Agriculture provides written notification of the
    expenditures to the Committees on Appropriations of both Houses of
    Congress at least two weeks in advance:  Provided further, That, with
    the exception of any available carryover funds authorized in any prior
    appropriations Act to be used for the purposes of clause (3) of section
    32, none of the funds appropriated or otherwise made available by this
    or any other Act shall be used to pay the salaries or expenses of any
    employee of the Department of Agriculture to carry out clause (3) of
    section 32.

        Sec. 715.  None of the funds appropriated by this or any other Act
    shall be used to pay the salaries and expenses of personnel who prepare
    or submit appropriations language as part of the President's budget
    submission to the Congress for programs under the jurisdiction of the
    Appropriations Subcommittees on Agriculture, Rural Development, Food and
    Drug Administration, and Related Agencies that assumes revenues or
    reflects a reduction from the previous year due to user fees proposals
    that have not been enacted into law prior to the submission of the
    budget unless such budget submission identifies which additional
    spending reductions should occur in the event the user fees proposals
    are not enacted prior to the date of the convening of a committee of
    conference for the fiscal year 2023 appropriations Act.

    [[Page 136 STAT. 89]]

        Sec. 716. <<NOTE: Notifications. Approvals. Deadline.>> (a) None of
    the funds provided by this Act, or provided by previous appropriations
    Acts to the agencies funded by this Act that remain available for
    obligation or expenditure in the current fiscal year, or provided from
    any accounts in the Treasury derived by the collection of fees available
    to the agencies funded by this Act, shall be available for obligation or
    expenditure through a reprogramming, transfer of funds, or
    reimbursements as authorized by the Economy Act, or in the case of the
    Department of Agriculture, through use of the authority provided by
    section 702(b) of the Department of Agriculture Organic Act of 1944 (7
    U.S.C. 2257) or section 8 of Public Law 89-106 (7 U.S.C. 2263), that--
                (1) creates new programs;
                (2) eliminates a program, project, or activity;
                (3) increases funds or personnel by any means for any
            project or activity for which funds have been denied or
            restricted;
                (4) relocates an office or employees;
                (5) reorganizes offices, programs, or activities; or
                (6) contracts out or privatizes any functions or activities
            presently performed by Federal employees;

    unless the Secretary of Agriculture, the Secretary of Health and Human
    Services, or the Chairman of the Commodity Futures Trading Commission
    (as the case may be) notifies in writing and receives approval from the
    Committees on Appropriations of both Houses of Congress at least 30 days
    in advance of the reprogramming of such funds or the use of such
    authority.
        (b) None of the funds provided by this Act, or provided by previous
    Appropriations Acts to the agencies funded by this Act that remain
    available for obligation or expenditure in the current fiscal year, or
    provided from any accounts in the Treasury derived by the collection of
    fees available to the agencies funded by this Act, shall be available
    for obligation or expenditure for activities, programs, or projects
    through a reprogramming or use of the authorities referred to in
    subsection (a) involving funds in excess of $500,000 or 10 percent,
    whichever is less, that--
                (1) augments existing programs, projects, or activities;
                (2) reduces by 10 percent funding for any existing program,
            project, or activity, or numbers of personnel by 10 percent as
            approved by Congress; or
                (3) results from any general savings from a reduction in
            personnel which would result in a change in existing programs,
            activities, or projects as approved by Congress;

    unless the Secretary of Agriculture, the Secretary of Health and Human
    Services, or the Chairman of the Commodity Futures Trading Commission
    (as the case may be) notifies in writing and receives approval from the
    Committees on Appropriations of both Houses of Congress at least 30 days
    in advance of the reprogramming or transfer of such funds or the use of
    such authority.
        (c) The Secretary of Agriculture, the Secretary of Health and Human
    Services, or the Chairman of the Commodity Futures Trading Commission
    shall notify in writing and receive approval from the Committees on
    Appropriations of both Houses of Congress before implementing any
    program or activity not carried out during the previous fiscal year
    unless the program or activity is funded by this Act or specifically
    funded by any other Act.
        (d) None of the funds provided by this Act, or provided by previous
    Appropriations Acts to the agencies funded by this Act

    [[Page 136 STAT. 90]]

    that remain available for obligation or expenditure in the current
    fiscal year, or provided from any accounts in the Treasury derived by
    the collection of fees available to the agencies funded by this Act,
    shall be available for--
                (1) modifying major capital investments funding levels,
            including information technology systems, that involves
            increasing or decreasing funds in the current fiscal year for
            the individual investment in excess of $500,000 or 10 percent of
            the total cost, whichever is less;
                (2) realigning or reorganizing new, current, or vacant
            positions or agency activities or functions to establish a
            center, office, branch, or similar entity with five or more
            personnel; or
                (3) carrying out activities or functions that were not
            described in the budget request;

    unless the agencies funded by this Act notify, in writing, the
    Committees on Appropriations of both Houses of Congress at least 30 days
    in advance of using the funds for these purposes.
        (e) As described in this section, no funds may be used for any
    activities unless the Secretary of Agriculture, the Secretary of Health
    and Human Services, or the Chairman of the Commodity Futures Trading
    Commission receives from the Committee on Appropriations of both Houses
    of Congress written or electronic mail confirmation of receipt of the
    notification as required in this section.
        Sec. 717. <<NOTE: Fees.>> Notwithstanding section 310B(g)(5) of the
    Consolidated Farm and Rural Development Act (7 U.S.C. 1932(g)(5)), the
    Secretary may assess a one-time fee for any guaranteed business and
    industry loan in an amount that does not exceed 3 percent of the
    guaranteed principal portion of the loan.

        Sec. 718.  None of the funds appropriated or otherwise made
    available to the Department of Agriculture, the Food and Drug
    Administration, the Commodity Futures Trading Commission, or the Farm
    Credit Administration shall be used to transmit or otherwise make
    available reports, questions, or responses to questions that are a
    result of information requested for the appropriations hearing process
    to any non-Department of Agriculture, non-Department of Health and Human
    Services, non-Commodity Futures Trading Commission, or non-Farm Credit
    Administration employee.
        Sec. 719. <<NOTE: News stories. Notification.>> Unless otherwise
    authorized by existing law, none of the funds provided in this Act, may
    be used by an executive branch agency to produce any prepackaged news
    story intended for broadcast or distribution in the United States unless
    the story includes a clear notification within the text or audio of the
    prepackaged news story that the prepackaged news story was prepared or
    funded by that executive branch agency.

        Sec. 720. <<NOTE: Time period. Reimbursement.>> No employee of the
    Department of Agriculture may be detailed or assigned from an agency or
    office funded by this Act or any other Act to any other agency or office
    of the Department for more than 60 days in a fiscal year unless the
    individual's employing agency or office is fully reimbursed by the
    receiving agency or office for the salary and expenses of the employee
    for the period of assignment.

        Sec. 721. <<NOTE: Deadline. Spending plan.>> Not later than 30 days
    after the date of enactment of this Act, the Secretary of Agriculture,
    the Commissioner of the Food and Drug Administration, the Chairman of
    the Commodity Futures Trading Commission, and the Chairman of the Farm
    Credit

    [[Page 136 STAT. 91]]

    Administration shall submit to the Committees on Appropriations of both
    Houses of Congress a detailed spending plan by program, project, and
    activity for all the funds made available under this Act including
    appropriated user fees, as defined in the explanatory statement
    described in section 4 (in the matter preceding division A of this
    consolidated Act).

        Sec. 722.  Of the unobligated balances from amounts made available
    for the supplemental nutrition program as authorized by section 17 of
    the Child Nutrition Act of 1966 (42 U.S.C. 1786), $621,672,000 are
    hereby rescinded:  Provided, That no amounts may be rescinded from
    amounts that were designated by the Congress as an emergency requirement
    pursuant to a Concurrent Resolution on the Budget or the Balanced Budget
    and Emergency Deficit Control Act of 1985.
        Sec. 723. <<NOTE: Determination. Prisons and prisoners.>> For the
    purposes of determining eligibility or level of program assistance for
    Rural Development programs the Secretary shall not include incarcerated
    prison populations.

        Sec. 724. <<NOTE: Loans.>> For loans and loan guarantees that do not
    require budget authority and the program level has been established in
    this Act, the Secretary of Agriculture may increase the program level
    for such loans and loan guarantees by not more than 25 percent:
    Provided, <<NOTE: Notification. Time period.>> That prior to the
    Secretary implementing such an increase, the Secretary notifies, in
    writing, the Committees on Appropriations of both Houses of Congress at
    least 15 days in advance.

        Sec. 725. <<NOTE: Notification. Advance approval.>> None of the
    credit card refunds or rebates transferred to the Working Capital Fund
    pursuant to section 729 of the Agriculture, Rural Development, Food and
    Drug Administration, and Related Agencies Appropriations Act, 2002 (7
    U.S.C. 2235a; Public Law 107-76) shall be available for obligation
    without written notification to, and the prior approval of, the
    Committees on Appropriations of both Houses of Congress:  Provided, That
    the refunds or rebates so transferred shall be available for obligation
    only for the acquisition of property, plant and equipment, including
    equipment for the improvement, delivery, and implementation of
    Departmental financial management, information technology, and other
    support systems necessary for the delivery of financial, administrative,
    and information technology services, including cloud adoption and
    migration, of primary benefit to the agencies of the Department of
    Agriculture.

        Sec. 726.  None of the funds made available by this Act may be used
    to implement, administer, or enforce the ``variety'' requirements of the
    final rule entitled ``Enhancing Retailer Standards in the Supplemental
    Nutrition Assistance Program (SNAP)'' published by the Department of
    Agriculture in the Federal Register on December 15, 2016 (81 Fed. Reg.
    90675) until the Secretary of Agriculture amends the definition of the
    term ``variety'' as defined in section 278.1(b)(1)(ii)(C) of title 7,
    Code of Federal Regulations, and ``variety'' as applied in the
    definition of the term ``staple food'' as defined in section 271.2 of
    title 7, Code of Federal Regulations, to increase the number of items
    that qualify as acceptable varieties in each staple food category so
    that the total number of such items in each staple food category exceeds
    the number of such items in each staple food category included in the
    final rule as published on December 15, 2016:
    Provided, <<NOTE: Applicability. Effective date.>>  That until the
    Secretary promulgates such regulatory amendments, the Secretary shall
    apply the requirements regarding acceptable varieties and breadth of

    [[Page 136 STAT. 92]]

    stock to Supplemental Nutrition Assistance Program retailers that were
    in effect on the day before the date of the enactment of the
    Agricultural Act of 2014 (Public Law 113-79).

        Sec. 727.  In carrying out subsection (h) of section 502 of the
    Housing Act of 1949 (42 U.S.C. 1472), the Secretary of Agriculture shall
    have the same authority with respect to loans guaranteed under such
    section and eligible lenders for such loans as the Secretary has under
    subsections (h) and (j) of section 538 of such Act (42 U.S.C. 1490p-2)
    with respect to loans guaranteed under such section 538 and eligible
    lenders for such loans.
        Sec. 728.  None of the funds appropriated or otherwise made
    available by this Act shall be available for the United States
    Department of Agriculture to propose, finalize or implement any
    regulation that would promulgate new user fees pursuant to 31 U.S.C.
    9701 after the date of the enactment of this Act.
        Sec. 729.  None of the funds made available by this or any other Act
    may be used to carry out the final rule promulgated by the Food and Drug
    Administration and put into effect November 16, 2015, in regards to the
    hazard analysis and risk-based preventive control requirements of the
    current good manufacturing practice, hazard analysis, and risk-based
    preventive controls for food for animals rule with respect to the
    regulation of the production, distribution, sale, or receipt of dried
    spent grain byproducts of the alcoholic beverage production process.
        Sec. 730. <<NOTE: 6 USC 190 note.>>   The National Bio and Agro-
    Defense Facility shall be transferred this or any fiscal year hereafter
    without reimbursement from the Secretary of Homeland Security to the
    Secretary of Agriculture.

        Sec. 731. (a) The Secretary of Agriculture shall--
                (1) <<NOTE: Audits. Evaluation.>>  conduct audits in a
            manner that evaluates the following factors in the country or
            region being audited, as applicable--
                        (A) veterinary control and oversight;
                        (B) disease history and vaccination practices;
                        (C) livestock demographics and traceability;
                        (D) epidemiological separation from potential
                    sources of infection;
                        (E) surveillance practices;
                        (F) diagnostic laboratory capabilities; and
                        (G) emergency preparedness and response; and
                (2) <<NOTE: Public information. Reports.>>  promptly make
            publicly available the final reports of any audits or reviews
            conducted pursuant to subsection (1).

        (b) <<NOTE: Applicability.>>  This section shall be applied in a
    manner consistent with United States obligations under its international
    trade agreements.

        Sec. 732.  None of the funds made available by this Act may be used
    to implement section 3.7(f) of the Farm Credit Act of 1971 in a manner
    inconsistent with section 343(a)(13) of the Consolidated Farm and Rural
    Development Act.
        Sec. 733.  None of the funds made available by this Act may be used
    to carry out any activities or incur any expense related to the issuance
    of licenses under section 3 of the Animal Welfare Act (7 U.S.C. 2133),
    or the renewal of such licenses, to class B dealers who sell Random
    Source dogs and cats for use in research, experiments, teaching, or
    testing.
        Sec. 734. <<NOTE: Iron and steel products.>> (a)(1) No Federal funds
    made available for this fiscal year for the rural water, waste water,
    waste disposal, and solid waste management programs authorized by
    sections 306, 306A, 306C, 306D, 306E, and 310B of the Consolidated Farm
    and Rural

    [[Page 136 STAT. 93]]

    Development Act (7 U.S.C. 1926 et seq.) shall be used for a project for
    the construction, alteration, maintenance, or repair of a public water
    or wastewater system unless all of the iron and steel products used in
    the project are produced in the United States.

        (2) <<NOTE: Definition.>>  In this section, the term ``iron and
    steel products'' means the following products made primarily of iron or
    steel: lined or unlined pipes and fittings, manhole covers and other
    municipal castings, hydrants, tanks, flanges, pipe clamps and
    restraints, valves, structural steel, reinforced precast concrete, and
    construction materials.

        (b) Subsection (a) shall not apply in any case or category of cases
    in which the Secretary of Agriculture (in this section referred to as
    the ``Secretary'') or the designee of the Secretary finds that--
                (1) applying subsection (a) would be inconsistent with the
            public interest;
                (2) iron and steel products are not produced in the United
            States in sufficient and reasonably available quantities or of a
            satisfactory quality; or
                (3) inclusion of iron and steel products produced in the
            United States will increase the cost of the overall project by
            more than 25 percent.

        (c) <<NOTE: Waiver request. Public information. Records. Time
    period.>>  If the Secretary or the designee receives a request for a
    waiver under this section, the Secretary or the designee shall make
    available to the public on an informal basis a copy of the request and
    information available to the Secretary or the designee concerning the
    request, and shall allow for informal public input on the request for at
    least 15 days prior to making a finding based on the request.
    The <<NOTE: Web posting.>> Secretary or the designee shall make the
    request and accompanying information available by electronic means,
    including on the official public Internet Web site of the Department.

        (d) <<NOTE: Applicability.>>  This section shall be applied in a
    manner consistent with United States obligations under international
    agreements.

        (e) The Secretary may retain up to 0.25 percent of the funds
    appropriated in this Act for ``Rural Utilities Service--Rural Water and
    Waste Disposal Program Account'' for carrying out the provisions
    described in subsection (a)(1) for management and oversight of the
    requirements of this section.
        (f) Subsection (a) shall not apply with respect to a project for
    which the engineering plans and specifications include use of iron and
    steel products otherwise prohibited by such subsection if the plans and
    specifications have received required approvals from State agencies
    prior to the date of enactment of this Act.
        (g) <<NOTE: Definition.>>  For purposes of this section, the terms
    ``United States'' and ``State'' shall include each of the several
    States, the District of Columbia, and each Federally recognized Indian
    Tribe.

        Sec. 735. <<NOTE: Lobbying.>> None of the funds appropriated by this
    Act may be used in any way, directly or indirectly, to influence
    congressional action on any legislation or appropriation matters pending
    before Congress, other than to communicate to Members of Congress as
    described in 18 U.S.C. 1913.

        Sec. 736.  Of the total amounts made available by this Act for
    direct loans and grants under the following headings: ``Rural Housing
    Service--Rural Housing Insurance Fund Program Account''; ``Rural Housing
    Service--Mutual and Self-Help Housing Grants''; ``Rural Housing
    Service--Rural Housing Assistance

    [[Page 136 STAT. 94]]

    Grants''; ``Rural Housing Service--Rural Community Facilities Program
    Account''; ``Rural Business-Cooperative Service--Rural Business Program
    Account''; ``Rural Business-Cooperative Service--Rural Economic
    Development Loans Program Account''; ``Rural Business-Cooperative
    Service--Rural Cooperative Development Grants''; ``Rural Business-
    Cooperative Service--Rural Microentrepreneur Assistance Program'';
    ``Rural Utilities Service--Rural Water and Waste Disposal Program
    Account''; ``Rural Utilities Service--Rural Electrification and
    Telecommunications Loans Program Account''; and ``Rural Utilities
    Service--Distance Learning, Telemedicine, and Broadband Program'', to
    the maximum extent feasible, at least 10 percent of the funds shall be
    allocated for assistance in persistent poverty counties under this
    section, including, notwithstanding any other provision regarding
    population limits, any county seat of such a persistent poverty county
    that has a population that does not exceed the authorized population
    limit by more than 10 percent:  Provided, <<NOTE: Definition.>> That for
    purposes of this section, the term ``persistent poverty counties'' means
    any county that has had 20 percent or more of its population living in
    poverty over the past 30 years, as measured by the 1990 and 2000
    decennial censuses, and 2007-2011 American Community Survey 5-year
    average, or any territory or possession of the United States:  Provided
    further, <<NOTE: Applicability.>> That with respect to specific
    activities for which program levels have been made available by this Act
    that are not supported by budget authority, the requirements of this
    section shall be applied to such program level.

        Sec. 737. <<NOTE: Human embryos.>> None of the funds made available
    by this Act may be used to notify a sponsor or otherwise acknowledge
    receipt of a submission for an exemption for investigational use of a
    drug or biological product under section 505(i) of the Federal Food,
    Drug, and Cosmetic Act (21 U.S.C. 355(i)) or section 351(a)(3) of the
    Public Health Service Act (42 U.S.C. 262(a)(3)) in research in which a
    human embryo is intentionally created or modified to include a heritable
    genetic modification. Any such submission shall be deemed to have not
    been received by the Secretary, and the exemption may not go into
    effect.

        Sec. 738.  None of the funds made available by this or any other Act
    may be used to enforce the final rule promulgated by the Food and Drug
    Administration entitled ``Standards for the Growing, Harvesting,
    Packing, and Holding of Produce for Human Consumption,'' and published
    on November 27, 2015, with respect to the regulation of entities that
    grow, harvest, pack, or hold wine grapes, hops, pulse crops, or almonds.
        Sec. 739.  There is hereby appropriated $5,000,000, to remain
    available until September 30, 2023, for a pilot program for the National
    Institute of Food and Agriculture to provide grants to nonprofit
    organizations for programs and services to establish and enhance farming
    and ranching opportunities for military veterans.
        Sec. 740. <<NOTE: Time periods. School breakfast.>> For school years
    2021-2022 and 2022-2023, none of the funds made available by this Act
    may be used to implement or enforce the matter following the first comma
    in the second sentence of footnote (c) of section 220.8(c) of title 7,
    Code of Federal Regulations, with respect to the substitution of
    vegetables for fruits under the school breakfast program established
    under section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773).

        Sec. 741.  None of the funds made available by this Act or any other
    Act may be used--

    [[Page 136 STAT. 95]]

                (1) in contravention of section 7606 of the Agricultural Act
            of 2014 (7 U.S.C. 5940), subtitle G of the Agricultural
            Marketing Act of 1946, or section 10114 of the Agriculture
            Improvement Act of 2018; or
                (2) <<NOTE: Hemp and hemp seeds.>>  to prohibit the
            transportation, processing, sale, or use of hemp, or seeds of
            such plant, that is grown or cultivated in accordance with
            section 7606 of the Agricultural Act of 2014 or Subtitle G of
            the Agricultural Marketing Act of 1946, within or outside the
            State in which the hemp is grown or cultivated.

        Sec. 742.  There is hereby appropriated $3,000,000, to remain
    available until expended, for grants under section 12502 of Public Law
    115-334.
        Sec. 743.  There is hereby appropriated $1,000,000 to carry out
    section 3307 of Public Law 115-334.
        Sec. 744. <<NOTE: Waiver authority.>> The Secretary of Agriculture
    may waive the matching funds requirement under section 412(g) of the
    Agricultural Research, Extension, and Education Reform Act of 1998 (7
    U.S.C. 7632(g)).

        Sec. 745. <<NOTE: Determination.>> There is hereby appropriated
    $2,000,000, to remain available until expended, for a pilot program for
    the Secretary to provide grants to qualified non-profit organizations
    and public housing authorities to provide technical assistance,
    including financial and legal services, to RHS multi-family housing
    borrowers to facilitate the acquisition of RHS multi-family housing
    properties in areas where the Secretary determines a risk of loss of
    affordable housing, by non-profit housing organizations and public
    housing authorities as authorized by law that commit to keep such
    properties in the RHS multi-family housing program for a period of time
    as determined by the Secretary.

        Sec. 746.  There is hereby appropriated $3,000,000, to carry out
    section 4208 of Public Law 115-334, including for project locations in
    additional regions and timely completion of required reporting to
    Congress.
        Sec. 747.  There is hereby appropriated $4,000,000 to carry out
    section 12301 of Public Law 115-334.
        Sec. 748. <<NOTE: Water. Determination. Time period.>> In response
    to an eligible community where the drinking water supplies are
    inadequate due to a natural disaster, as determined by the Secretary,
    including drought or severe weather, the Secretary may provide potable
    water through the Emergency Community Water Assistance Grant Program for
    an additional period of time not to exceed 120 days beyond the
    established period provided under the Program in order to protect public
    health.

        Sec. 749. <<NOTE: Determination.>> Funds made available under title
    II of the Food for Peace Act (7 U.S.C. 1721 et seq.) may only be used to
    provide assistance to recipient nations if adequate monitoring and
    controls, as determined by the Administrator, are in place to ensure
    that emergency food aid is received by the intended beneficiaries in
    areas affected by food shortages and not diverted for unauthorized or
    inappropriate purposes.

        Sec. 750. <<NOTE: Compliance inspection.>> In this fiscal year, and
    notwithstanding any other provision of law, ARS facilities as described
    in the ``Memorandum of Understanding Between the U.S. Department of
    Agriculture Animal and Plant Health Inspection Service (APHIS) and the
    U.S. Department of Agriculture Agricultural Research Service (ARS)

    [[Page 136 STAT. 96]]

    Concerning Laboratory Animal Welfare'' (16-6100-0103-MU Revision 16-1)
    shall be inspected by APHIS for compliance with the Animal Welfare Act
    and its regulations and standards.

        Sec. 751. <<NOTE: Poultry and poultry products. China.>> None of the
    funds made available by this Act may be used to procure raw or processed
    poultry products imported into the United States from the People's
    Republic of China for use in the school lunch program under the Richard
    B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.), the Child
    and Adult Care Food Program under section 17 of such Act (42 U.S.C.
    1766), the Summer Food Service Program for Children under section 13 of
    such Act (42 U.S.C. 1761), or the school breakfast program under the
    Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.).

        Sec. 752. <<NOTE: Time period. Requirement. School lunches.>> For
    school year 2022-2023, only a school food authority that had a negative
    balance in the nonprofit school food service account as of December 31,
    2021, shall be required to establish a price for paid lunches in
    accordance with section 12(p) of the Richard B. Russell National School
    Lunch Act (42 U.S.C. 1760(p)).

        Sec. 753.  There is hereby appropriated $2,000,000, to remain
    available until expended, for the Secretary of Agriculture to carry out
    a pilot program that assists rural hospitals to improve long-term
    operations and financial health by providing technical assistance
    through analysis of current hospital management practices.
        Sec. 754.  <<NOTE: Grants.>> Any funds made available by this or any
    other Act that the Secretary withholds pursuant to section 1668(g)(2) of
    the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C.
    5921(g)(2)), as amended, shall be available for grants for biotechnology
    risk assessment research:  Provided, That the Secretary may transfer
    such funds among appropriations of the Department of Agriculture for
    purposes of making such grants.

        Sec. 755. <<NOTE: Applicability.>> Section 313(b) of the Rural
    Electrification Act of 1936, as amended (7 U.S.C. 940c(b)), shall be
    applied for fiscal year 2022 and each fiscal year thereafter until the
    specified funding has been expended as if the following were inserted
    after the final period in subsection (b)(2): ``In addition, the
    Secretary shall use $425,000,000 of funds available in this subaccount
    in fiscal year 2019 for an additional amount for the same purpose and
    under the same terms and conditions as funds appropriated by section 779
    of Public Law 115-141, shall use $255,000,000 of funds available in this
    subaccount in fiscal year 2020 for an additional amount for the same
    purpose and under the same terms and conditions as funds appropriated by
    section 779 of Public Law 115-141, shall use $104,000,000 of funds
    available in this subaccount in fiscal year 2021 for an additional
    amount for the same purpose and under the same terms and conditions as
    funds appropriated by section 779 of Public Law 115-141, and shall use
    $50,000,000 of funds available in this subaccount in fiscal year 2022
    for an additional amount for the same purpose and under the same terms
    and conditions as funds appropriated by section 779 of Public Law 115-
    141.'':  Provided, That any use of such funds shall be treated as a
    reprogramming of funds under section 716 of this Act:  Provided further,
    That section 775(b) of division A of Public Law 116-260 shall no longer
    apply.

        Sec. 756.  There is hereby appropriated $400,000 to carry out
    section 1672(g)(4)(B) of the Food, Agriculture, Conservation, and

    [[Page 136 STAT. 97]]

    Trade Act of 1990 (7 U.S.C. 5925(g)(4(B)) as amended by section 7209 of
    Public Law 115-334.
        Sec. 757.  For an additional amount for ``National Institute of Food
    and Agriculture--Research and Education Activities'', $1,000,000, to
    develop a public-private cooperative framework based on open data
    standards for neutral data repository solutions to preserve and share
    the big data generated by technological advancements in the agriculture
    industry and for the preservation and curation of data in collaboration
    with land-grant universities.
        Sec. 758.  Notwithstanding any other provision of law, no funds
    available to the Department of Agriculture may be used to move any staff
    office or any agency from the mission area in which it was located on
    August 1, 2018, to any other mission area or office within the
    Department in the absence of the enactment of specific legislation
    affirming such move.
        Sec. 759.  The Secretary, acting through the Chief of the Natural
    Resources Conservation Service, may use funds appropriated under this
    Act or any other Act for the Watershed and Flood Prevention Operations
    Program and the Watershed Rehabilitation Program carried out pursuant to
    the Watershed Protection and Flood Prevention Act (16 U.S.C. 1001 et
    seq.), and for the Emergency Watershed Protection Program carried out
    pursuant to section 403 of the Agricultural Credit Act of 1978 (16
    U.S.C. 2203) to provide technical services for such programs pursuant to
    section 1252(a)(1) of the Food Security Act of 1985 (16 U.S.C.
    3851(a)(1)), notwithstanding subsection (c) of such section.
        Sec. 760.  In administering the pilot program established by section
    779 of division A of the Consolidated Appropriations Act, 2018 (Public
    Law 115-141), the Secretary of Agriculture may, for purposes of
    determining entities eligible to receive assistance, consider those
    communities which are ``Areas Rural in Character'':  Provided, That not
    more than 10 percent of the funds made available under the heading
    ``Distance Learning, Telemedicine, and Broadband Program'' for the
    purposes of the pilot program established by section 779 of Public Law
    115-141 may be used for this purpose.
        Sec. 761.  There is hereby appropriated $24,525,000 for the
    Goodfellow Federal facility, to remain available until expended, of
    which $12,000,000 shall be transferred to and merged with the
    appropriation for ``Office of the Chief Information Officer'', and of
    which $12,525,000 shall be transferred to and merged with the
    appropriation for ``Food Safety and Inspection Service''.
        Sec. 762.  None of the funds made available by this Act may be used
    to pay the salaries or expenses of personnel--
                (1) to inspect horses under section 3 of the Federal Meat
            Inspection Act (21 U.S.C. 603);
                (2) to inspect horses under section 903 of the Federal
            Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 1901
            note; Public Law 104-127); or
                (3) to implement or enforce section 352.19 of title 9, Code
            of Federal Regulations (or a successor regulation).

        Sec. 763.  For an additional amount for ``National Institute of Food
    and Agriculture--Research and Education Activities'', $300,000, for the
    Under Secretary for Research, Education, and Economics to convene a
    blue-ribbon panel for the purpose of evaluating the overall structure of
    research and education through the public and land-grant universities,
    including 1890 Institutions, to

    [[Page 136 STAT. 98]]

    define a new architecture that can better integrate, coordinate, and
    assess economic impact of the collective work of these institutions.
        Sec. 764.  For an additional amount for ``National Institute of Food
    and Agriculture--Research and Education Activities'', $5,000,000, to
    remain available until September 30, 2023, for a competitive grant to an
    institution in the land-grant university system to establish a Farm of
    the Future testbed and demonstration site.
        Sec. 765.  Section 788(b) of the Further Consolidated Appropriations
    Act, 2020 (Public Law 116-94) <<NOTE: 7 USC 2146a.>>  is amended to read
    as follows:

        ``(b) <<NOTE: Public information. Records. Reports.>> hereafter,
    make publicly available via searchable database, in their entirety
    without redactions except signatures, the following records:
                ``(1) all final Animal Welfare Act inspection reports,
            including all reports documenting all Animal Welfare Act
            violations and non-compliances observed by USDA officials and
            all animal inventories for the current year and the preceding
            three years;
                ``(2) <<NOTE: Time period.>>  all final Animal Welfare Act
            and Horse Protection Act enforcement records for the current
            year and the preceding three years;
                ``(3) all reports or other materials documenting any
            violations and non-compliances observed by USDA officials for
            the current year and the preceding three years; and
                ``(4) within six months of receipt by the agency, all final
            Animal Welfare Act research facility annual reports, including
            their attachments with appropriate redactions made for
            confidential business information that USDA could withhold under
            FOIA Exemption 4.''.

        Sec. 766. <<NOTE: Electronic records.>> None of the funds made
    available by this Act may be used to propose, promulgate, or implement
    any rule, or take any other action with respect to, allowing or
    requiring information intended for a prescribing health care
    professional, in the case of a drug or biological product subject to
    section 503(b)(1) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
    353(b)(1)), to be distributed to such professional electronically (in
    lieu of in paper form) unless and until a Federal law is enacted to
    allow or require such distribution.

        Sec. 767. <<NOTE: Vermont.>> There is hereby appropriated
    $5,000,000, to remain available until expended, to establish a National
    Farm to School Institute to provide technical and practical assistance
    to Farm to School programs across the country and shall be located at
    Shelburne Farms in Shelburne, VT.

        Sec. 768. <<NOTE: Deadline. Fish and fishing.>> Out of amounts
    appropriated to the Food and Drug Administration under title VI, the
    Secretary of Health and Human Services, acting through the Commissioner
    of Food and Drugs, shall, not later than September 30, 2022, and
    following the review required under Executive Order No. 12866 (5 U.S.C.
    601 note; relating to regulatory planning and review), issue advice
    revising the advice provided in the notice of availability entitled
    ``Advice About Eating Fish, From the Environmental Protection Agency and
    Food and Drug Administration; Revised Fish Advice; Availability'' (82
    Fed. Reg. 6571 (January 19, 2017)), in a manner that is consistent with
    nutrition science recognized by the Food and Drug Administration on the
    net effects of seafood consumption.

    [[Page 136 STAT. 99]]

        Sec. 769. <<NOTE: Determination.>> In addition to amounts otherwise
    made available by this Act and notwithstanding the last sentence of 16
    U.S.C. 1310, there is appropriated $4,000,000, to remain available until
    expended, to implement non-renewable agreements on eligible lands,
    including flooded agricultural lands, as determined by the Secretary,
    under the Water Bank Act (16 U.S.C. 1301-1311).

        Sec. 770. <<NOTE: Termination date.>> The Secretary shall set aside
    for Rural Economic Area Partnership (REAP) Zones, until August 15, 2022,
    an amount of funds made available in title III under the headings of
    Rural Housing Insurance Fund Program Account, Mutual and Self-Help
    Housing Grants, Rural Housing Assistance Grants, Rural Community
    Facilities Program Account, Rural Business Program Account, Rural
    Development Loan Fund Program Account, and Rural Water and Waste
    Disposal Program Account, equal to the amount obligated in REAP Zones
    with respect to funds provided under such headings in the most recent
    fiscal year any such funds were obligated under such headings for REAP
    Zones.

        Sec. 771.  There is hereby appropriated $5,000,000, to remain
    available until expended, to carry out section 2103 of Public Law 115-
    334:  Provided, That the Secretary shall prioritize the wetland
    compliance needs of areas with significant numbers of individual
    wetlands, wetland acres, and conservation compliance requests.
        Sec. 772. <<NOTE: Genetic engineering.>> Notwithstanding any other
    provision of law, the acceptable market name of any engineered animal
    approved prior to the effective date of the National Bioengineered Food
    Disclosure Standard (February 19, 2019) shall include the words
    ``genetically engineered'' prior to the existing acceptable market name.

        Sec. 773.  Section 9(i)(2) of the Food and Nutrition Act of 2008 (7
    U.S.C. 2018(i)(2)) is amended by striking ``December 31, 2021'' and
    inserting ``December 31, 2022''.
        Sec. 774.  There is hereby appropriated $500,000 to carry out the
    duties of the working group established under section 770 of the
    Agriculture, Rural Development, Food and Drug Administration, and
    Related Agencies Appropriations Act, 2019 (Public Law 116-6; 133 Stat.
    89).
        Sec. 775. (a) There is hereby appropriated $3,000,000, to remain
    available until expended, for a pilot program for the Animal and Plant
    Health Inspection Service to provide grants to State departments of
    agriculture and forestry commissions in states identified in the final
    environmental assessment published in the Federal Register on September
    23, 2020 (85 Fed. Reg. 59735), to combat and treat cogongrass through
    established cogongrass control programs.
        (b) Not to exceed 2 percent of the funds provided under this section
    shall be available for necessary costs of grant administration.
        Sec. 776. Section 764(d)(3)(B) of division N of Public Law 116-260
    is amended <<NOTE: 21 USC 473.>>  by inserting ``and fiscal year 2022''
    after ``fiscal year 2021'' and before the final period.

        Sec. 777.  Section 6402(f) of the Farm Security and Rural Investment
    Act of 2002 (7 U.S.C. 1632b(f)) is amended in the matter preceding
    paragraph (1) by striking ``section 210A(d)(2)'' and inserting ``section
    210A(d)(5)(D)''.
        Sec. 778. <<NOTE: 7 USC 2204b-4.>> For an additional amount for the
    Office of the Secretary, $30,000,000, to remain available until
    expended, to establish an Institute for Rural Partnerships:  Provided,
    That the Secretary shall establish a grant program and distribute the
    funds to three

    [[Page 136 STAT. 100]]

    geographically diverse established land-grant universities:  Provided
    further, That the Institute for Rural Partnerships shall dedicate
    resources to researching the causes and conditions of challenges facing
    rural areas, and develop community partnerships to address such
    challenges:  Provided further, That administrative or other fees shall
    not exceed one percent:  Provided further, <<NOTE: Reports.>> That such
    partnership shall coordinate and publish an annual report.

        Sec. 779. <<NOTE: 7 USC 1632e.>> There is hereby appropriated
    $1,000,000, to remain available until September 30, 2023, for a Cattle
    Contracts Library pilot program that the Agricultural Marketing Service
    shall develop and maintain within the Livestock, Poultry, and Grain
    Market News Division. <<NOTE: Determination.>> This program shall be
    similar, as determined by the Secretary, to the swine contract library
    the U.S. Department of Agriculture currently maintains pursuant to
    section 222 of the Packers and Stockyards Act (7 U.S.C. 198a). The
    promulgation of the regulations and administration of this section shall
    be made without regard to: (1) the notice and comment provisions of
    section 553 of title 5; and (2) chapter 35 of title 44 (commonly known
    as the ``Paperwork Reduction Act'').

        Sec. 780.  There is hereby appropriated $10,000,000, to remain
    available until expended, for costs associated with the establishment of
    an Institute of Rural Partnership, located at the University of Vermont,
    Burlington, VT.
        Sec. 781.  Notwithstanding any provision of law that regulates the
    calculation and payment of overtime and holiday pay for FSIS inspectors,
    the Secretary may charge establishments subject to the inspection
    requirements of the Poultry Products Inspection Act, 21 U.S.C. 451 et
    seq., the Federal Meat Inspection Act, 21 U.S.C. 601 et seq, and the Egg
    Products Inspection Act, 21 U.S.C. 1031 et seq., for the cost of
    inspection services provided outside of an establishment's approved
    inspection shifts, and for inspection services provided on Federal
    holidays:  Provided, That any sums charged pursuant to this paragraph
    shall be deemed as overtime pay or holiday pay under section 1001(d) of
    the American Rescue Plan Act of 2021 (Public Law 117-2, 135 Stat. 242):
    Provided further, That sums received by the Secretary under this
    paragraph shall, in addition to other available funds, remain available
    until expended to the Secretary without further appropriation for the
    purpose of funding all costs associated with FSIS inspections.
        Sec. 782.  Of the unobligated balances from prior year
    appropriations made available under the heading ``Farm Service Agency--
    Agricultural Credit Insurance Fund Program Account'', $90,000,000 are
    hereby rescinded.
        Sec. 783.  Of the unobligated balances from prior year
    appropriations made available under the heading ``Agriculture Buildings
    and Facilities'', $73,400,000 are hereby rescinded.
        Sec. 784. <<NOTE: California.>> (a) Designation.--The Federal
    building located at 1636 East Alisal Street, Salinas, California, shall
    be known and designated as the ``Sam Farr United States Crop Improvement
    and Protection Research Center''.

        (b) References.--Any reference in a law, map, regulation, document,
    paper, or other record of the United States to the Federal building
    referred to in subsection (a) shall be deemed to be a reference to the
    ``Sam Farr United States Crop Improvement and Protection Research
    Center''.
        Sec. 785.  For necessary expenses for salary and related costs
    associated with Agriculture Quarantine and Inspection Services

    [[Page 136 STAT. 101]]

    activities pursuant to 21 U.S.C. 136a(6), and in addition to any other
    funds made available for this purpose, there is appropriated, out of any
    money in the Treasury not otherwise appropriated, $250,000,000, to
    remain available until September 30, 2023, to offset the loss resulting
    from the coronavirus pandemic of quarantine and inspection fees
    collected pursuant to sections 2508 and 2509 of the Food, Agriculture,
    Conservation, and Trade Act of 1990 (21 U.S.C. 136, 136a):  Provided,
    That amounts made available in this section shall be treated as funds
    collected by fees authorized under sections 2508 and 2509 of the Food,
    Agriculture, Conservation, and Trade Act of 1990 (21 U.S.C. 136, 136a)
    for purposes of section 421(f) of the Homeland Security Act of 2002 (6
    U.S.C. 231(f)).
        Sec. 786.  The matter under the heading ``Department of
    Agriculture--Rural Development Programs--Rural Utilities Service--
    Distance Learning, Telemedicine, and Broadband'' in title I of division
    J of Public Law 117-58 <<NOTE: 135 Stat. 1352.>>  is amended--
                (1) in the eighth proviso, by striking ``electric
            cooperatives'' and inserting ``pole owners'' and;
                (2) in the ninth proviso, by inserting a comma after
            ``Corporations''.
                 Provided, That amounts repurposed pursuant to this section
            that were previously designated by the Congress as an emergency
            requirement pursuant to section 4112(a) of H. Con. Res. 71
            (115th Congress), the concurrent resolution on the budget for
            fiscal year 2018, and to section 251(b) of the Balanced Budget
            and Emergency Deficit Control Act of 1985 are designated by the
            Congress as an emergency requirement pursuant to section
            4001(a)(1) and section 4001(b) of S. Con. Res. 14 (117th
            Congress), the concurrent resolution on the budget for fiscal
            year 2022.

        Sec. 787.  The Secretary shall use funds made available under the
    heading ``Special Supplemental Nutrition Program for Women, Infants, and
    Children (WIC)'' to increase the amount of a cash-value voucher for
    women and children participants to an amount recommended by the National
    Academies of Science, Engineering and Medicine and adjusted for
    inflation.
        This division may be cited as the ``Agriculture, Rural Development,
    Food and Drug Administration, and Related Agencies Appropriations Act,
    2022''.

     DIVISION B-- <<NOTE: Commerce, Justice, Science, and Related Agencies
      Appropriations Act, 2022.>> COMMERCE, JUSTICE, SCIENCE, AND RELATED
    AGENCIES APPROPRIATIONS ACT, 2022

    TITLE <<NOTE: Department of Commerce Appropriations Act, 2022.>>  I

                             DEPARTMENT OF COMMERCE

                       International Trade Administration

                          operations and administration

        For <<NOTE: Time period.>>  necessary expenses for international
    trade activities of the Department of Commerce provided for by law, to
    carry out activities associated with facilitating, attracting, and
    retaining business investment in the United States, and for engaging in
    trade promotional activities abroad, including expenses of grants and
    cooperative agreements for the purpose of promoting exports of

    [[Page 136 STAT. 102]]

    United States firms, without regard to sections 3702 and 3703 of title
    44, United States Code; full medical coverage for dependent members of
    immediate families of employees stationed overseas and employees
    temporarily posted overseas; travel and transportation of employees of
    the International Trade Administration between two points abroad,
    without regard to section 40118 of title 49, United States Code;
    employment of citizens of the United States and aliens by contract for
    services; rental of space abroad for periods not exceeding 10 years, and
    expenses of alteration, repair, or improvement; purchase or construction
    of temporary demountable exhibition structures for use abroad; payment
    of tort claims, in the manner authorized in the first paragraph of
    section 2672 of title 28, United States Code, when such claims arise in
    foreign countries; not to exceed $294,300 for official representation
    expenses abroad; purchase of passenger motor vehicles for official use
    abroad, not to exceed $45,000 per vehicle; not to exceed $325,000 for
    purchase of armored vehicles without regard to the general purchase
    price limitations; obtaining insurance on official motor vehicles; and
    rental of tie lines, $570,000,000, of which $80,000,000 shall remain
    available until September 30, 2023:  Provided, That $11,000,000 is to be
    derived from fees to be retained and used by the International Trade
    Administration, notwithstanding section 3302 of title 31, United States
    Code:  Provided further, That, of amounts provided under this heading,
    not less than $16,400,000 shall be for China antidumping and
    countervailing duty enforcement and compliance activities:  Provided
    further, <<NOTE: Applicability. Assessments.>>  That the provisions of
    the first sentence of section 105(f) and all of section 108(c) of the
    Mutual Educational and Cultural Exchange Act of 1961 (22 U.S.C. 2455(f)
    and 2458(c)) shall apply in carrying out these activities; and that for
    the purpose of this Act, contributions under the provisions of the
    Mutual Educational and Cultural Exchange Act of 1961 shall include
    payment for assessments for services provided as part of these
    activities.

                         Bureau of Industry and Security

                          operations and administration

        For necessary expenses for export administration and national
    security activities of the Department of Commerce, including costs
    associated with the performance of export administration field
    activities both domestically and abroad; full medical coverage for
    dependent members of immediate families of employees stationed overseas;
    employment of citizens of the United States and aliens by contract for
    services abroad; payment of tort claims, in the manner authorized in the
    first paragraph of section 2672 of title 28, United States Code, when
    such claims arise in foreign countries; not to exceed $13,500 for
    official representation expenses abroad; awards of compensation to
    informers under the Export Control Reform Act of 2018 (subtitle B of
    title XVII of the John S. McCain National Defense Authorization Act for
    Fiscal Year 2019; Public Law 115-232; 132 Stat. 2208; 50 U.S.C. 4801 et
    seq.), and as authorized by section 1(b) of the Act of June 15, 1917 (40
    Stat. 223; 22 U.S.C. 401(b)); and purchase of passenger motor vehicles
    for official use and motor vehicles for law enforcement use with special
    requirement vehicles eligible for purchase without regard to any price
    limitation otherwise established by law, $141,000,000,

    [[Page 136 STAT. 103]]

    of which $52,410,000 shall remain available until expended:
    Provided, <<NOTE: Applicability.>> That the provisions of the first
    sentence of section 105(f) and all of section 108(c) of the Mutual
    Educational and Cultural Exchange Act of 1961 (22 U.S.C. 2455(f) and
    2458(c)) shall apply in carrying out these activities:  Provided
    further, <<NOTE: Public information.>>  That payments and contributions
    collected and accepted for materials or services provided as part of
    such activities may be retained for use in covering the cost of such
    activities, and for providing information to the public with respect to
    the export administration and national security activities of the
    Department of Commerce and other export control programs of the United
    States and other governments.

                       Economic Development Administration

                    economic development assistance programs

        For grants for economic development assistance as provided by the
    Public Works and Economic Development Act of 1965, for trade adjustment
    assistance, and for grants authorized by sections 27 and 28 of the
    Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3722 and
    3723), as amended, $330,000,000 to remain available until expended, of
    which $45,000,000 shall be for grants under such section 27 and
    $2,000,000 shall be for grants under such section 28:  Provided, That
    any deviation from the amounts designated for specific activities in the
    explanatory statement described in section 4 (in the matter preceding
    division A of this consolidated Act), or any use of deobligated balances
    of funds provided under this heading in previous years, shall be subject
    to the procedures set forth in section 505 of this Act.

                              salaries and expenses

        For necessary expenses of administering the economic development
    assistance programs as provided for by law, $43,500,000:  Provided, That
    funds provided under this heading may be used to monitor projects
    approved pursuant to title I of the Public Works Employment Act of 1976;
    title II of the Trade Act of 1974; sections 27 and 28 of the Stevenson-
    Wydler Technology Innovation Act of 1980 (15 U.S.C. 3722 and 3723), as
    amended; and the Community Emergency Drought Relief Act of 1977.

                      Minority Business Development Agency

                          minority business development

         For necessary expenses of the Department of Commerce in fostering,
    promoting, and developing minority business enterprises, including
    expenses of grants, contracts, and other agreements with public or
    private organizations, $55,000,000, of which not more than $18,000,000
    shall be available for overhead expenses, including salaries and
    expenses, rent, utilities, and information technology services.

    [[Page 136 STAT. 104]]

                        Economic and Statistical Analysis

                              salaries and expenses

        For necessary expenses, as authorized by law, of economic and
    statistical analysis programs of the Department of Commerce,
    $116,000,000, to remain available until September 30, 2023.

                              Bureau of the Census

                          current surveys and programs

        For necessary expenses for collecting, compiling, analyzing,
    preparing, and publishing statistics, provided for by law, $300,000,000:
     Provided, That, from amounts provided herein, funds may be used for
    promotion, outreach, and marketing activities.

                         periodic censuses and programs

                          (including transfer of funds)

        For necessary expenses for collecting, compiling, analyzing,
    preparing, and publishing statistics for periodic censuses and programs
    provided for by law, $1,054,000,000, to remain available until September
    30, 2023:  Provided, That, from amounts provided herein, funds may be
    used for promotion, outreach, and marketing activities:  Provided
    further, That within the amounts appropriated, $3,556,000 shall be
    transferred to the ``Office of Inspector General'' account for
    activities associated with carrying out investigations and audits
    related to the Bureau of the Census.

           National Telecommunications and Information Administration

                              salaries and expenses

        For necessary expenses, as provided for by law, of the National
    Telecommunications and Information Administration (NTIA), $50,000,000,
    to remain available until September 30, 2023:
    Provided, <<NOTE: Fees.>>  That, notwithstanding 31 U.S.C. 1535(d), the
    Secretary of Commerce shall charge Federal agencies for costs incurred
    in spectrum management, analysis, operations, and related services, and
    such fees shall be retained and used as offsetting collections for costs
    of such spectrum services, to remain available until expended:  Provided
    further, That the Secretary of Commerce is authorized to retain and use
    as offsetting collections all funds transferred, or previously
    transferred, from other Government agencies for all costs incurred in
    telecommunications research, engineering, and related activities by the
    Institute for Telecommunication Sciences of NTIA, in furtherance of its
    assigned functions under this paragraph, and such funds received from
    other Government agencies shall remain available until expended.

         public telecommunications facilities, planning and construction

        For the administration of prior-year grants, recoveries and
    unobligated balances of funds previously appropriated are available for
    the administration of all open grants until their expiration.

    [[Page 136 STAT. 105]]

                    United States Patent and Trademark Office

                              salaries and expenses

                         (including transfers of funds)

        For necessary expenses of the United States Patent and Trademark
    Office (USPTO) provided for by law, including defense of suits
    instituted against the Under Secretary of Commerce for Intellectual
    Property and Director of the USPTO, $4,058,410,000, to remain available
    until expended:  Provided, That the sum herein appropriated from the
    general fund shall be reduced as offsetting collections of fees and
    surcharges assessed and collected by the USPTO under any law are
    received during fiscal year 2022, so as to result in a fiscal year 2022
    appropriation from the general fund estimated at $0:  Provided further,
    That during fiscal year 2022, should the total amount of such offsetting
    collections be less than $4,058,410,000, this amount shall be reduced
    accordingly:  Provided further, That any amount received in excess of
    $4,058,410,000 in fiscal year 2022 and deposited in the Patent and
    Trademark Fee Reserve Fund shall remain available until expended:
    Provided further, <<NOTE: Spending plan.>> That the Director of USPTO
    shall submit a spending plan to the Committees on Appropriations of the
    House of Representatives and the Senate for any amounts made available
    by the preceding proviso and such spending plan shall be treated as a
    reprogramming under section 505 of this Act and shall not be available
    for obligation or expenditure except in compliance with the procedures
    set forth in that section:  Provided further, That any amounts
    reprogrammed in accordance with the preceding proviso shall be
    transferred to the United States Patent and Trademark Office ``Salaries
    and Expenses'' account:  Provided further, That the budget of the
    President submitted for fiscal year 2023 under section 1105 of title 31,
    United States Code, shall include within amounts provided under this
    heading for necessary expenses of the USPTO any increases that are
    expected to result from an increase promulgated through rule or
    regulation in offsetting collections of fees and surcharges assessed and
    collected by the USPTO under any law in either fiscal year 2022 or
    fiscal year 2023:  Provided further, That from amounts provided herein,
    not to exceed $13,500 shall be made available in fiscal year 2022 for
    official reception and representation expenses:  Provided further, That
    in fiscal year 2022 from the amounts made available for ``Salaries and
    Expenses'' for the USPTO, the amounts necessary to pay (1) the
    difference between the percentage of basic pay contributed by the USPTO
    and employees under section 8334(a) of title 5, United States Code, and
    the normal cost percentage (as defined by section 8331(17) of that
    title) as provided by the Office of Personnel Management (OPM) for
    USPTO's specific use, of basic pay, of employees subject to subchapter
    III of chapter 83 of that title, and (2) the present value of the
    otherwise unfunded accruing costs, as determined by OPM for USPTO's
    specific use of post-retirement life insurance and post-retirement
    health benefits coverage for all USPTO employees who are enrolled in
    Federal Employees Health Benefits (FEHB) and Federal Employees Group
    Life Insurance (FEGLI), shall be transferred to the Civil Service
    Retirement and Disability Fund, the FEGLI Fund, and the Employees FEHB
    Fund, as appropriate, and shall be available for the authorized purposes

    [[Page 136 STAT. 106]]

    of those accounts:  Provided further, That any differences between the
    present value factors published in OPM's yearly 300 series benefit
    letters and the factors that OPM provides for USPTO's specific use shall
    be recognized as an imputed cost on USPTO's financial statements, where
    applicable:  Provided further, That, notwithstanding any other provision
    of law, all fees and surcharges assessed and collected by USPTO are
    available for USPTO only pursuant to section 42(c) of title 35, United
    States Code, as amended by section 22 of the Leahy-Smith America Invents
    Act (Public Law 112-29):  Provided further, That within the amounts
    appropriated, $2,000,000 shall be transferred to the ``Office of
    Inspector General'' account for activities associated with carrying out
    investigations and audits related to the USPTO.

                 National Institute of Standards and Technology

                 scientific and technical research and services

                          (including transfer of funds)

        For necessary expenses of the National Institute of Standards and
    Technology (NIST), $850,000,000, to remain available until expended, of
    which not to exceed $9,000,000 may be transferred to the ``Working
    Capital Fund'':  Provided, That of the amounts appropriated under this
    heading, $37,598,000 shall be used for the projects, and in the amounts,
    specified in the table immediately following the paragraph ``NIST
    External Projects'' in the explanatory statement described in section 4
    (in the matter preceding division A of this consolidated Act):  Provided
    further, That the amounts made available for the projects referenced in
    the preceding proviso may not be transferred for any other purpose:
    Provided further, That not to exceed $5,000 shall be for official
    reception and representation expenses:  Provided further, That NIST may
    provide local transportation for summer undergraduate research
    fellowship program participants.

                         industrial technology services

        For necessary expenses for industrial technology services,
    $174,500,000, to remain available until expended, of which $158,000,000
    shall be for the Hollings Manufacturing Extension Partnership, and of
    which $16,500,000 shall be for the Manufacturing USA Program.

                       construction of research facilities

        For construction of new research facilities, including architectural
    and engineering design, and for renovation and maintenance of existing
    facilities, not otherwise provided for the National Institute of
    Standards and Technology, as authorized by sections 13 through 15 of the
    National Institute of Standards and Technology Act (15 U.S.C. 278c-
    278e), $205,563,000, to remain available until expended:  Provided, That
    of the amounts appropriated under this heading, $125,563,000 shall be
    used for the projects, and in the amounts, specified in the table
    immediately following the paragraph ``NIST Extramural Construction'' in
    the explanatory statement described in section 4 (in the matter
    preceding division A of this consolidated Act):  Provided further, That
    up to one percent of

    [[Page 136 STAT. 107]]

    amounts made available for the projects referenced in the preceding
    proviso may be used for the administrative costs of such projects:
    Provided further, <<NOTE: Spending plan.>>  That the Director of the
    National Institute of Standards and Technology shall submit a spending
    plan to the Committees on Appropriations of the House of Representatives
    and the Senate for any amounts made available by the preceding proviso
    and such spending plan shall be treated as a reprogramming under section
    505 of this Act and shall not be available for obligation or expenditure
    except in compliance with the procedures set forth in that section:
    Provided further, <<NOTE: Budget estimates. Time period. 15 USC 1513b
    note.>> That the Secretary of Commerce shall include in the budget
    justification materials for fiscal year 2023 that the Secretary submits
    to Congress in support of the Department of Commerce budget (as
    submitted with the budget of the President under section 1105(a) of
    title 31, United States Code) an estimate for each National Institute of
    Standards and Technology construction project having a total multi-year
    program cost of more than $5,000,000, and simultaneously the budget
    justification materials shall include an estimate of the budgetary
    requirements for each such project for each of the 5 subsequent fiscal
    years.

                 National Oceanic and Atmospheric Administration

                      operations, research, and facilities

                         (including transfers of funds)

        For necessary expenses of activities authorized by law for the
    National Oceanic and Atmospheric Administration, including maintenance,
    operation, and hire of aircraft and vessels; pilot programs for State-
    led fisheries management, notwithstanding any other provision of law;
    grants, contracts, or other payments to nonprofit organizations for the
    purposes of conducting activities pursuant to cooperative agreements;
    and relocation of facilities, $4,157,311,000, to remain available until
    September 30, 2023:  Provided, That fees and donations received by the
    National Ocean Service for the management of national marine sanctuaries
    may be retained and used for the salaries and expenses associated with
    those activities, notwithstanding section 3302 of title 31, United
    States Code:  Provided further, That in addition, $243,532,000 shall be
    derived by transfer from the fund entitled ``Promote and Develop Fishery
    Products and Research Pertaining to American Fisheries'', which shall
    only be used for fishery activities related to the Saltonstall-Kennedy
    Grant Program; Fisheries Data Collections, Surveys, and Assessments;
    Observers and Training; Fisheries Management Programs and Services; and
    Interjurisdictional Fisheries Grants:  Provided further, That not to
    exceed $67,867,000 shall be for payment to the ``Department of Commerce
    Working Capital Fund'':  Provided further, That of the $4,423,843,000
    provided for in direct obligations under this heading, $4,157,311,000 is
    appropriated from the general fund, $243,532,000 is provided by
    transfer, and $23,000,000 is derived from recoveries of prior year
    obligations:  Provided further, That of the amounts appropriated under
    this heading, $84,354,000 shall be used for the projects, and in the
    amounts, specified in the table immediately following the paragraph
    ``NOAA Community Project Funding/NOAA Special Projects'' in the
    explanatory statement described in section

    [[Page 136 STAT. 108]]

    4 (in the matter preceding division A of this consolidated Act):
    Provided further, That the amounts made available for the projects
    referenced in the preceding proviso may not be transferred for any other
    purpose:  Provided further, That any deviation from the amounts
    designated for specific activities in the explanatory statement
    described in section 4 (in the matter preceding division A of this
    consolidated Act), or any use of deobligated balances of funds provided
    under this heading in previous years, shall be subject to the procedures
    set forth in section 505 of this Act:  Provided further, That, of the
    amounts appropriated under this heading, $750,000 shall be transferred
    to the ``Office of Inspector General'' account for activities associated
    with carrying out investigations and audits related to National Weather
    Service operations:  Provided further, That in addition, for necessary
    retired pay expenses under the Retired Serviceman's Family Protection
    and Survivor Benefits Plan, and for payments for the medical care of
    retired personnel and their dependents under the Dependents' Medical
    Care Act (10 U.S.C. ch. 55), such sums as may be necessary.

                    procurement, acquisition and construction

                          (including transfer of funds)

        For procurement, acquisition and construction of capital assets,
    including alteration and modification costs, of the National Oceanic and
    Atmospheric Administration, $1,672,689,000, to remain available until
    September 30, 2024, except that funds provided for acquisition and
    construction of vessels and aircraft, and construction of facilities
    shall remain available until expended:  Provided, That of the
    $1,685,689,000 provided for in direct obligations under this heading,
    $1,672,689,000 is appropriated from the general fund and $13,000,000 is
    provided from recoveries of prior year obligations:  Provided further,
    That any deviation from the amounts designated for specific activities
    in the explanatory statement described in section 4 (in the matter
    preceding division A of this consolidated Act), or any use of
    deobligated balances of funds provided under this heading in previous
    years, shall be subject to the procedures set forth in section 505 of
    this Act:  Provided further, <<NOTE: Budget estimates. Time period. 15
    USC 1513a note.>>  That the Secretary of Commerce shall include in
    budget justification materials for fiscal year 2023 that the Secretary
    submits to Congress in support of the Department of Commerce budget (as
    submitted with the budget of the President under section 1105(a) of
    title 31, United States Code) an estimate for each National Oceanic and
    Atmospheric Administration procurement, acquisition or construction
    project having a total of more than $5,000,000 and simultaneously the
    budget justification shall include an estimate of the budgetary
    requirements for each such project for each of the 5 subsequent fiscal
    years:  Provided further, That, within the amounts appropriated,
    $3,000,000 shall be transferred to the ``Office of Inspector General''
    account for activities associated with carrying out investigations and
    audits related to satellite and vessel procurement, acquisition and
    construction.

                         pacific coastal salmon recovery

        For necessary expenses associated with the restoration of Pacific
    salmon populations, $65,000,000, to remain available until September 30,
    2023:  Provided, <<NOTE: Grants. State listing. Native
    Americans. Guidelines.>> That, of the funds provided herein,

    [[Page 136 STAT. 109]]

    the Secretary of Commerce may issue grants to the States of Washington,
    Oregon, Idaho, Nevada, California, and Alaska, and to the federally
    recognized Tribes of the Columbia River and Pacific Coast (including
    Alaska), for projects necessary for conservation of salmon and steelhead
    populations that are listed as threatened or endangered, or that are
    identified by a State as at-risk to be so listed, for maintaining
    populations necessary for exercise of Tribal treaty fishing rights or
    native subsistence fishing, or for conservation of Pacific coastal
    salmon and steelhead habitat, based on guidelines to be developed by the
    Secretary of Commerce:  Provided further, That all funds shall be
    allocated based on scientific and other merit principles and shall not
    be available for marketing activities:  Provided further, That funds
    disbursed to States shall be subject to a matching requirement of funds
    or documented in-kind contributions of at least 33 percent of the
    Federal funds.

                          fishermen's contingency fund

        For carrying out the provisions of title IV of Public Law 95-372,
    not to exceed $349,000, to be derived from receipts collected pursuant
    to that Act, to remain available until expended.

                        fisheries finance program account

        Subject to section 502 of the Congressional Budget Act of 1974,
    during fiscal year 2022, obligations of direct loans may not exceed
    $24,000,000 for Individual Fishing Quota loans and not to exceed
    $100,000,000 for traditional direct loans as authorized by the Merchant
    Marine Act of 1936.

                             Departmental Management

                              salaries and expenses

        For necessary expenses for the management of the Department of
    Commerce provided for by law, including not to exceed $4,500 for
    official reception and representation, $80,000,000:
    Provided, <<NOTE: Time period. Reimbursement.>> That no employee of the
    Department of Commerce may be detailed or assigned from a bureau or
    office funded by this Act or any other Act to offices within the Office
    of the Secretary of the Department of Commerce for more than 180 days in
    a fiscal year unless the individual's employing bureau or office is
    fully reimbursed for the salary and expenses of the employee for the
    entire period of assignment using funds provided under this heading:
    Provided further, That amounts made available to the Department of
    Commerce in this or any prior Act may not be transferred pursuant to
    section 508 of this or any prior Act to the account funded under this
    heading, except in the case of extraordinary circumstances that threaten
    life or property.

                          renovation and modernization

        For necessary expenses for the renovation and modernization of the
    Herbert C. Hoover Building, $1,100,000.

    [[Page 136 STAT. 110]]

                           nonrecurring expenses fund

        For necessary expenses for technology modernization projects and
    cybersecurity risk mitigation of the Department of Commerce,
    $30,000,000, to remain available until September 30, 2024, of which up
    to $20,000,000 shall be available for a business application system
    modernization:  Provided, That amounts made available under this heading
    are in addition to such other funds as may be available for such
    purposes:  Provided further, <<NOTE: Notification. Time period.>> That
    any unobligated balances of expired discretionary funds transferred to
    the Department of Commerce Nonrecurring Expenses Fund, as authorized by
    section 111 of title I of division B of Public Law 116-93, may be
    obligated only after the Committees on Appropriations of the House of
    Representatives and the Senate are notified at least 15 days in advance
    of the planned use of funds.

                           office of inspector general

        For necessary expenses of the Office of Inspector General in
    carrying out the provisions of the Inspector General Act of 1978 (5
    U.S.C. App.), $35,783,000:  Provided, That notwithstanding section 6413
    of the Middle Class Tax Relief and Job Creation Act of 2012 (Public Law
    112-96), an additional $2,000,000, to remain available until expended,
    shall be derived from the Public Safety Trust Fund for activities
    associated with carrying out investigations and audits related to the
    First Responder Network Authority (FirstNet).

                   General Provisions--Department of Commerce

                          (including transfer of funds)

        Sec. 101. <<NOTE: Certification.>> During the current fiscal year,
    applicable appropriations and funds made available to the Department of
    Commerce by this Act shall be available for the activities specified in
    the Act of October 26, 1949 (15 U.S.C. 1514), to the extent and in the
    manner prescribed by the Act, and, notwithstanding 31 U.S.C. 3324, may
    be used for advanced payments not otherwise authorized only upon the
    certification of officials designated by the Secretary of Commerce that
    such payments are in the public interest.

        Sec. 102.  During the current fiscal year, appropriations made
    available to the Department of Commerce by this Act for salaries and
    expenses shall be available for hire of passenger motor vehicles as
    authorized by 31 U.S.C. 1343 and 1344; services as authorized by 5
    U.S.C. 3109; and uniforms or allowances therefor, as authorized by law
    (5 U.S.C. 5901-5902).
        Sec. 103.  Not to exceed 5 percent of any appropriation made
    available for the current fiscal year for the Department of Commerce in
    this Act may be transferred between such appropriations, but no such
    appropriation shall be increased by more than 10 percent by any such
    transfers:  Provided, That any transfer pursuant to this section shall
    be treated as a reprogramming of funds under section 505 of this Act and
    shall not be available for obligation or expenditure except in
    compliance with the procedures set forth in that section:  Provided
    further, <<NOTE: Notification. Time period.>> That the Secretary of
    Commerce shall notify the Committees on Appropriations at least 15 days
    in advance of the acquisition or disposal of any capital asset
    (including land, structures, and equipment) not specifically provided

    [[Page 136 STAT. 111]]

    for in this Act or any other law appropriating funds for the Department
    of Commerce.

        Sec. 104. <<NOTE: Incorporation by reference. Applicability. 33 USC
    878a note.>> The requirements set forth by section 105 of the Commerce,
    Justice, Science, and Related Agencies Appropriations Act, 2012 (Public
    Law 112-55), as amended by section 105 of title I of division B of
    Public Law 113-6, are hereby adopted by reference and made applicable
    with respect to fiscal year 2022:  Provided, That the life cycle cost
    for the Joint Polar Satellite System is $11,322,125,000, the life cycle
    cost of the Polar Follow On Program is $6,837,900,000, the life cycle
    cost for the Geostationary Operational Environmental Satellite R-Series
    Program is $11,700,100,000, and the life cycle cost for the Space
    Weather Follow On Program is $692,800,000.

        Sec. 105. <<NOTE: Reimbursements.>> Notwithstanding any other
    provision of law, the Secretary of Commerce may furnish services
    (including but not limited to utilities, telecommunications, and
    security services) necessary to support the operation, maintenance, and
    improvement of space that persons, firms, or organizations are
    authorized, pursuant to the Public Buildings Cooperative Use Act of 1976
    or other authority, to use or occupy in the Herbert C. Hoover Building,
    Washington, DC, or other buildings, the maintenance, operation, and
    protection of which has been delegated to the Secretary from the
    Administrator of General Services pursuant to the Federal Property and
    Administrative Services Act of 1949 on a reimbursable or non-
    reimbursable basis. Amounts received as reimbursement for services
    provided under this section or the authority under which the use or
    occupancy of the space is authorized, up to $200,000, shall be credited
    to the appropriation or fund which initially bears the costs of such
    services.

        Sec. 106. <<NOTE: Child pornography.>> Nothing in this title shall
    be construed to prevent a grant recipient from deterring child
    pornography, copyright infringement, or any other unlawful activity over
    its networks.

        Sec. 107. <<NOTE: Reimbursement.>> The Administrator of the National
    Oceanic and Atmospheric Administration is authorized to use, with their
    consent, with reimbursement and subject to the limits of available
    appropriations, the land, services, equipment, personnel, and facilities
    of any department, agency, or instrumentality of the United States, or
    of any State, local government, Indian Tribal government, Territory, or
    possession, or of any political subdivision thereof, or of any foreign
    government or international organization, for purposes related to
    carrying out the responsibilities of any statute administered by the
    National Oceanic and Atmospheric Administration.

        Sec. 108. <<NOTE: Records.>> The National Technical Information
    Service shall not charge any customer for a copy of any report or
    document generated by the Legislative Branch unless the Service has
    provided information to the customer on how an electronic copy of such
    report or document may be accessed and downloaded for free online.
    Should a customer <<NOTE: Fee.>> still require the Service to provide a
    printed or digital copy of the report or document, the charge shall be
    limited to recovering the Service's cost of processing, reproducing, and
    delivering such report or document.

        Sec. 109. <<NOTE: Grants. Contracts.>> To carry out the
    responsibilities of the National Oceanic and Atmospheric Administration
    (NOAA), the Administrator of NOAA is authorized to: (1) enter into
    grants and cooperative agreements with; (2) use on a non-reimbursable
    basis land, services, equipment, personnel, and facilities provided by;
    and (3) receive and expend funds made available on a consensual basis

    [[Page 136 STAT. 112]]

    from: a Federal agency, State or subdivision thereof, local government,
    Tribal government, Territory, or possession or any subdivisions thereof:
     Provided, That funds received for permitting and related regulatory
    activities pursuant to this section shall be deposited under the heading
    ``National Oceanic and Atmospheric Administration--Operations, Research,
    and Facilities'' and shall remain available until September 30, 2023,
    for such purposes:  Provided further, That all funds within this section
    and their corresponding uses are subject to section 505 of this Act.

        Sec. 110.  Amounts provided by this Act or by any prior
    appropriations Act that remain available for obligation, for necessary
    expenses of the programs of the Economics and Statistics Administration
    of the Department of Commerce, including amounts provided for programs
    of the Bureau of Economic Analysis and the Bureau of the Census, shall
    be available for expenses of cooperative agreements with appropriate
    entities, including any Federal, State, or local governmental unit, or
    institution of higher education, to aid and promote statistical,
    research, and methodology activities which further the purposes for
    which such amounts have been made available.
        Sec. 111.  Amounts provided by this Act for the Hollings
    Manufacturing Extension Partnership under the heading ``National
    Institute of Standards and Technology--Industrial Technology Services''
    shall not be subject to cost share requirements under 15 U.S.C.
    278k(e)(2):  Provided, That the authority made available pursuant to
    this section shall be elective, in whole or in part, for any
    Manufacturing Extension Partnership Center that also receives funding
    from a State that is conditioned upon the application of a Federal cost
    sharing requirement.
        Sec. 112. <<NOTE: Waiver authority.>> The Secretary of Commerce, or
    the designee of the Secretary, may waive--
                (1) in whole or in part, the matching requirements under
            sections 306 and 306A, and the cost sharing requirements under
            section 315, of the Coastal Zone Management Act of 1972 (16
            U.S.C. 1455, 1455a, and 1461) as necessary at the request of the
            grant applicant, for amounts made available under this Act under
            the heading ``Operations, Research, and Facilities'' under the
            heading ``National Oceanic and Atmospheric Administration''; and
                (2) up to 50 percent of the matching requirements under
            sections 306 and 306A, and the cost sharing requirements under
            section 315, of the Coastal Zone Management Act of 1972 (16
            U.S.C. 1455, 1455a, and 1461) as necessary at the request of the
            grant applicant, for amounts made available under this Act under
            the heading ``Procurement, Acquisition and Construction'' under
            the heading ``National Oceanic and Atmospheric Administration''.

        This title may be cited as the ``Department of Commerce
    Appropriations Act, 2022''.

    [[Page 136 STAT. 113]]

    TITLE <<NOTE: Department of Justice Appropriations Act, 2022.>>  II

                              DEPARTMENT OF JUSTICE

                             General Administration

                              salaries and expenses

        For expenses necessary for the administration of the Department of
    Justice, $127,794,000, of which $4,000,000 shall remain available until
    September 30, 2023, and of which not to exceed $4,000,000 for security
    and construction of Department of Justice facilities shall remain
    available until expended.

                     justice information sharing technology

                          (including transfer of funds)

        For necessary expenses for information sharing technology, including
    planning, development, deployment and departmental direction,
    $38,000,000, to remain available until expended:  Provided, That the
    Attorney General may transfer up to $40,000,000 to this account, from
    funds available to the Department of Justice for information technology,
    to remain available until expended, for enterprise-wide information
    technology initiatives:  Provided further, That the transfer authority
    in the preceding proviso is in addition to any other transfer authority
    contained in this Act:  Provided further, That any transfer pursuant to
    the first proviso shall be treated as a reprogramming under section 505
    of this Act and shall not be available for obligation or expenditure
    except in compliance with the procedures set forth in that section.

                     Executive Office for Immigration Review

                          (including transfer of funds)

        For expenses necessary for the administration of immigration-related
    activities of the Executive Office for Immigration Review, $760,000,000,
    of which $4,000,000 shall be derived by transfer from the Executive
    Office for Immigration Review fees deposited in the ``Immigration
    Examinations Fee'' account, and of which not less than $24,000,000 shall
    be available for services and activities provided by the Legal
    Orientation Program:  Provided, That not to exceed $50,000,000 of the
    total amount made available under this heading shall remain available
    until September 30, 2026.

                           Office of Inspector General

        For necessary expenses of the Office of Inspector General,
    $118,000,000, including not to exceed $10,000 to meet unforeseen
    emergencies of a confidential character:  Provided, That not to exceed
    $4,000,000 shall remain available until September 30, 2023.

                         United States Parole Commission

                              salaries and expenses

        For necessary expenses of the United States Parole Commission as
    authorized, $14,238,000:  Provided, <<NOTE: Term extension.>>  That,
    notwithstanding any

    [[Page 136 STAT. 114]]

    other provision of law, upon the expiration of a term of office of a
    Commissioner, the Commissioner may continue to act until a successor has
    been appointed.

                                Legal Activities

                 salaries and expenses, general legal activities

                          (including transfer of funds)

        For expenses necessary for the legal activities of the Department of
    Justice, not otherwise provided for, including not to exceed $20,000 for
    expenses of collecting evidence, to be expended under the direction of,
    and to be accounted for solely under the certificate of, the Attorney
    General; the administration of pardon and clemency petitions; and rent
    of private or Government-owned space in the District of Columbia,
    $1,000,000,000, of which not to exceed $50,000,000 for litigation
    support contracts and information technology projects, including
    cybersecurity and hardening of critical networks, shall remain available
    until expended:  Provided, That of the amount provided for INTERPOL
    Washington dues payments, not to exceed $685,000 shall remain available
    until expended:  Provided further, That of the total amount
    appropriated, not to exceed $9,000 shall be available to INTERPOL
    Washington for official reception and representation expenses:  Provided
    further, That of the total amount appropriated, not to exceed $9,000
    shall be available to the Criminal Division for official reception and
    representation expenses:  Provided
    further, <<NOTE: Determination.>> That notwithstanding section 205 of
    this Act, upon a determination by the Attorney General that emergent
    circumstances require additional funding for litigation activities of
    the Civil Division, the Attorney General may transfer such amounts to
    ``Salaries and Expenses, General Legal Activities'' from available
    appropriations for the current fiscal year for the Department of
    Justice, as may be necessary to respond to such circumstances:  Provided
    further, That any transfer pursuant to the preceding proviso shall be
    treated as a reprogramming under section 505 of this Act and shall not
    be available for obligation or expenditure except in compliance with the
    procedures set forth in that section:  Provided
    further, <<NOTE: Reimbursement.>> That of the amount appropriated, such
    sums as may be necessary shall be available to the Civil Rights Division
    for salaries and expenses associated with the election monitoring
    program under section 8 of the Voting Rights Act of 1965 (52 U.S.C.
    10305) and to reimburse the Office of Personnel Management for such
    salaries and expenses:  Provided further, That of the amounts provided
    under this heading for the election monitoring program, $3,390,000 shall
    remain available until expended.

        In addition, for reimbursement of expenses of the Department of
    Justice associated with processing cases under the National Childhood
    Vaccine Injury Act of 1986, $19,000,000, to be appropriated from the
    Vaccine Injury Compensation Trust Fund and to remain available until
    expended.

                    salaries and expenses, antitrust division

        For expenses necessary for the enforcement of antitrust and kindred
    laws, $192,776,000, to remain available until expended:
    Provided, <<NOTE: Fees.>> That notwithstanding any other provision of
    law, fees collected for premerger notification filings under the Hart-
    Scott-

    [[Page 136 STAT. 115]]

    Rodino Antitrust Improvements Act of 1976 (15 U.S.C. 18a), regardless of
    the year of collection (and estimated to be $138,000,000 in fiscal year
    2022), shall be retained and used for necessary expenses in this
    appropriation, and shall remain available until expended:  Provided
    further, That the sum herein appropriated from the general fund shall be
    reduced as such offsetting collections are received during fiscal year
    2022, so as to result in a final fiscal year 2022 appropriation from the
    general fund estimated at $54,776,000.

                 salaries and expenses, united states attorneys

        For necessary expenses of the Offices of the United States
    Attorneys, including inter-governmental and cooperative agreements,
    $2,419,868,000:  Provided, That of the total amount appropriated, not to
    exceed $7,200 shall be available for official reception and
    representation expenses:  Provided further, That not to exceed
    $25,000,000 shall remain available until expended:  Provided
    further, <<NOTE: Human trafficking.>>  That each United States Attorney
    shall establish or participate in a task force on human trafficking.

                        united states trustee system fund

        For necessary expenses of the United States Trustee Program, as
    authorized, $239,000,000, to remain available until expended:  Provided,
    That, notwithstanding any other provision of law, deposits of
    discretionary offsetting collections to the United States Trustee System
    Fund and amounts herein appropriated shall be available in such amounts
    as may be necessary to pay refunds due depositors:  Provided further,
    That, notwithstanding any other provision of law, fees deposited into
    the Fund as discretionary offsetting collections pursuant to section
    589a of title 28, United States Code (as limited by section 589a(f)(2)
    of title 28, United States Code), shall be retained and used for
    necessary expenses in this appropriation and shall remain available
    until expended:  Provided further, That to the extent that fees
    deposited into the Fund as discretionary offsetting collections in
    fiscal year 2022, net of amounts necessary to pay refunds due
    depositors, exceed $239,000,000, those excess amounts shall be available
    in future fiscal years only to the extent provided in advance in
    appropriations Acts:  Provided further, That the sum herein appropriated
    from the general fund shall be reduced (1) as such fees are received
    during fiscal year 2022, net of amounts necessary to pay refunds due
    depositors, (estimated at $413,000,000) and (2) to the extent that any
    remaining general fund appropriations can be derived from amounts
    deposited in the Fund as discretionary offsetting collections in
    previous fiscal years that are not otherwise appropriated, so as to
    result in a final fiscal year 2022 appropriation from the general fund
    estimated at $0.

           salaries and expenses, foreign claims settlement commission

        For expenses necessary to carry out the activities of the Foreign
    Claims Settlement Commission, including services as authorized by
    section 3109 of title 5, United States Code, $2,434,000.

    [[Page 136 STAT. 116]]

                         fees and expenses of witnesses

        For fees and expenses of witnesses, for expenses of contracts for
    the procurement and supervision of expert witnesses, for private counsel
    expenses, including advances, and for expenses of foreign counsel,
    $270,000,000, to remain available until expended, of which not to exceed
    $16,000,000 is for construction of buildings for protected witness
    safesites; not to exceed $3,000,000 is for the purchase and maintenance
    of armored and other vehicles for witness security caravans; and not to
    exceed $25,000,000 is for the purchase, installation, maintenance, and
    upgrade of secure telecommunications equipment and a secure automated
    information network to store and retrieve the identities and locations
    of protected witnesses:  Provided, That amounts made available under
    this heading may not be transferred pursuant to section 205 of this Act.

               salaries and expenses, community relations service

                          (including transfer of funds)

        For necessary expenses of the Community Relations Service,
    $21,000,000:  Provided, <<NOTE: Determination.>>  That notwithstanding
    section 205 of this Act, upon a determination by the Attorney General
    that emergent circumstances require additional funding for conflict
    resolution and violence prevention activities of the Community Relations
    Service, the Attorney General may transfer such amounts to the Community
    Relations Service, from available appropriations for the current fiscal
    year for the Department of Justice, as may be necessary to respond to
    such circumstances:  Provided further, That any transfer pursuant to the
    preceding proviso shall be treated as a reprogramming under section 505
    of this Act and shall not be available for obligation or expenditure
    except in compliance with the procedures set forth in that section.

                             assets forfeiture fund

        For expenses authorized by subparagraphs (B), (F), and (G) of
    section 524(c)(1) of title 28, United States Code, $20,514,000, to be
    derived from the Department of Justice Assets Forfeiture Fund.

                         United States Marshals Service

                              salaries and expenses

        For necessary expenses of the United States Marshals Service,
    $1,580,000,000, of which not to exceed $6,000 shall be available for
    official reception and representation expenses, and not to exceed
    $25,000,000 shall remain available until expended.

                                  construction

        For construction in space that is controlled, occupied, or utilized
    by the United States Marshals Service for prisoner holding and related
    support, $15,000,000, to remain available until expended.

    [[Page 136 STAT. 117]]

                           federal prisoner detention

        For necessary expenses related to United States prisoners in the
    custody of the United States Marshals Service as authorized by section
    4013 of title 18, United States Code, $2,123,015,000, to remain
    available until expended:  Provided, That not to exceed $20,000,000
    shall be considered ``funds appropriated for State and local law
    enforcement assistance'' pursuant to section 4013(b) of title 18, United
    States Code:  Provided further, That the United States Marshals Service
    shall be responsible for managing the Justice Prisoner and Alien
    Transportation System.

                           National Security Division

                              salaries and expenses

                          (including transfer of funds)

        For expenses necessary to carry out the activities of the National
    Security Division, $120,681,000, of which not to exceed $5,000,000 for
    information technology systems shall remain available until expended:
    Provided, <<NOTE: Determination.>> That notwithstanding section 205 of
    this Act, upon a determination by the Attorney General that emergent
    circumstances require additional funding for the activities of the
    National Security Division, the Attorney General may transfer such
    amounts to this heading from available appropriations for the current
    fiscal year for the Department of Justice, as may be necessary to
    respond to such circumstances:  Provided further, That any transfer
    pursuant to the preceding proviso shall be treated as a reprogramming
    under section 505 of this Act and shall not be available for obligation
    or expenditure except in compliance with the procedures set forth in
    that section.

                           Interagency Law Enforcement

                     interagency crime and drug enforcement

        For necessary expenses for the identification, investigation, and
    prosecution of individuals associated with the most significant drug
    trafficking organizations, transnational organized crime, and money
    laundering organizations not otherwise provided for, to include inter-
    governmental agreements with State and local law enforcement agencies
    engaged in the investigation and prosecution of individuals involved in
    transnational organized crime and drug trafficking, $550,458,000, of
    which $50,000,000 shall remain available until expended:  Provided, That
    any amounts obligated from appropriations under this heading may be used
    under authorities available to the organizations reimbursed from this
    appropriation.

                         Federal Bureau of Investigation

                              salaries and expenses

        For necessary expenses of the Federal Bureau of Investigation for
    detection, investigation, and prosecution of crimes against the United
    States, $10,136,295,000, of which not to exceed $216,900,000 shall
    remain available until expended:  Provided, That not to exceed

    [[Page 136 STAT. 118]]

    $284,000 shall be available for official reception and representation
    expenses.

                                  construction

        For necessary expenses, to include the cost of equipment, furniture,
    and information technology requirements, related to construction or
    acquisition of buildings, facilities, and sites by purchase, or as
    otherwise authorized by law; conversion, modification, and extension of
    federally owned buildings; preliminary planning and design of projects;
    and operation and maintenance of secure work environment facilities and
    secure networking capabilities; $632,000,000, to remain available until
    expended.

                         Drug Enforcement Administration

                              salaries and expenses

        For necessary expenses of the Drug Enforcement Administration,
    including not to exceed $70,000 to meet unforeseen emergencies of a
    confidential character pursuant to section 530C of title 28, United
    States Code; and expenses for conducting drug education and training
    programs, including travel and related expenses for participants in such
    programs and the distribution of items of token value that promote the
    goals of such programs, $2,421,522,000, of which not to exceed
    $75,000,000 shall remain available until expended and not to exceed
    $90,000 shall be available for official reception and representation
    expenses:  Provided, That, notwithstanding section 3672 of Public Law
    106-310, up to $10,000,000 may be used to reimburse States, units of
    local government, Indian Tribal Governments, other public entities, and
    multi-jurisdictional or regional consortia thereof for expenses incurred
    to clean up and safely dispose of substances associated with clandestine
    methamphetamine laboratories, conversion and extraction operations,
    tableting operations, or laboratories and processing operations for
    fentanyl and fentanyl-related substances which may present a danger to
    public health or the environment.

               Bureau of Alcohol, Tobacco, Firearms and Explosives

                              salaries and expenses

        For necessary expenses of the Bureau of Alcohol, Tobacco, Firearms
    and Explosives, for training of State and local law enforcement agencies
    with or without reimbursement, including training in connection with the
    training and acquisition of canines for explosives and fire accelerants
    detection; and for provision of laboratory assistance to State and local
    law enforcement agencies, with or without reimbursement, $1,531,071,000,
    of which not to exceed $36,000 shall be for official reception and
    representation expenses, not to exceed $1,000,000 shall be available for
    the payment of attorneys' fees as provided by section 924(d)(2) of title
    18, United States Code, and not to exceed $25,000,000 shall remain
    available until expended:  Provided, That none of the funds appropriated
    herein shall be available to investigate or act upon applications for
    relief from Federal firearms disabilities under section 925(c) of title
    18, United States Code:  Provided further, That such funds shall be
    available to investigate and act upon applications filed

    [[Page 136 STAT. 119]]

    by corporations for relief from Federal firearms disabilities under
    section 925(c) of title 18, United States Code:  Provided further, That
    no funds made available by this or any other Act may be used to transfer
    the functions, missions, or activities of the Bureau of Alcohol,
    Tobacco, Firearms and Explosives to other agencies or Departments.

                              Federal Prison System

                              salaries and expenses

                          (including transfer of funds)

        For necessary expenses of the Federal Prison System for the
    administration, operation, and maintenance of Federal penal and
    correctional institutions, and for the provision of technical assistance
    and advice on corrections related issues to foreign governments,
    $7,865,000,000:  Provided, That not less than $409,483,000 shall be for
    the programs and activities authorized by the First Step Act of 2018
    (Public Law 115-391):  Provided <<NOTE: 42 USC 250a.>> further, That the
    Attorney General may transfer to the Department of Health and Human
    Services such amounts as may be necessary for direct expenditures by
    that Department for medical relief for inmates of Federal penal and
    correctional institutions:  Provided further, That
    the <<NOTE: Contracts. Determination.>> Director of the Federal Prison
    System, where necessary, may enter into contracts with a fiscal agent or
    fiscal intermediary claims processor to determine the amounts payable to
    persons who, on behalf of the Federal Prison System, furnish health
    services to individuals committed to the custody of the Federal Prison
    System:  Provided further, That not to exceed $5,400 shall be available
    for official reception and representation expenses:  Provided further,
    That not to exceed $50,000,000 shall remain available until expended for
    necessary operations:  Provided further, That, of the amounts provided
    for contract confinement, not to exceed $20,000,000 shall remain
    available until expended to make payments in advance for grants,
    contracts and reimbursable agreements, and other expenses:  Provided
    further, <<NOTE: Donations.>>  That the Director of the Federal Prison
    System may accept donated property and services relating to the
    operation of the prison card program from a not-for-profit entity which
    has operated such program in the past, notwithstanding the fact that
    such not-for-profit entity furnishes services under contracts to the
    Federal Prison System relating to the operation of pre-release services,
    halfway houses, or other custodial facilities.

                            buildings and facilities

        For planning, acquisition of sites, and construction of new
    facilities; purchase and acquisition of facilities and remodeling, and
    equipping of such facilities for penal and correctional use, including
    all necessary expenses incident thereto, by contract or force account;
    and constructing, remodeling, and equipping necessary buildings and
    facilities at existing penal and correctional institutions, including
    all necessary expenses incident thereto, by contract or force account,
    $235,000,000, to remain available until expended, of which $176,000,000
    shall be available only for costs related to construction of new
    facilities:  Provided, That labor of United

    [[Page 136 STAT. 120]]

    States prisoners may be used for work performed under this
    appropriation.

                     federal prison industries, incorporated

        The <<NOTE: Contracts.>>  Federal Prison Industries, Incorporated,
    is hereby authorized to make such expenditures within the limits of
    funds and borrowing authority available, and in accord with the law, and
    to make such contracts and commitments without regard to fiscal year
    limitations as provided by section 9104 of title 31, United States Code,
    as may be necessary in carrying out the program set forth in the budget
    for the current fiscal year for such corporation.

       limitation on administrative expenses, federal prison industries,
                                  incorporated

        Not to exceed $2,700,000 of the funds of the Federal Prison
    Industries, Incorporated, shall be available for its administrative
    expenses, and for services as authorized by section 3109 of title 5,
    United States Code, to be computed on an accrual basis to be determined
    in accordance with the corporation's current prescribed accounting
    system, and such amounts shall be exclusive of depreciation, payment of
    claims, and expenditures which such accounting system requires to be
    capitalized or charged to cost of commodities acquired or produced,
    including selling and shipping expenses, and expenses in connection with
    acquisition, construction, operation, maintenance, improvement,
    protection, or disposition of facilities and other property belonging to
    the corporation or in which it has an interest.

                   State and Local Law Enforcement Activities

                        Office on Violence Against Women

           violence against women prevention and prosecution programs

                          (including transfer of funds)

        For grants, contracts, cooperative agreements, and other assistance
    for the prevention and prosecution of violence against women, as
    authorized by the Omnibus Crime Control and Safe Streets Act of 1968 (34
    U.S.C. 10101 et seq.) (``the 1968 Act''); the Violent Crime Control and
    Law Enforcement Act of 1994 (Public Law 103-322) (``the 1994 Act''); the
    Victims of Child Abuse Act of 1990 (Public Law 101-647) (``the 1990
    Act''); the Prosecutorial Remedies and Other Tools to end the
    Exploitation of Children Today Act of 2003 (Public Law 108-21); the
    Juvenile Justice and Delinquency Prevention Act of 1974 (34 U.S.C. 11101
    et seq.) (``the 1974 Act''); the Victims of Trafficking and Violence
    Protection Act of 2000 (Public Law 106-386) (``the 2000 Act''); the
    Violence Against Women and Department of Justice Reauthorization Act of
    2005 (Public Law 109-162) (``the 2005 Act''); the Violence Against Women
    Reauthorization Act of 2013 (Public Law 113-4) (``the 2013 Act''); the
    Justice for Victims of Trafficking Act of 2015 (Public Law 114-22)
    (``the 2015 Act''); and the Abolish Human Trafficking Act (Public Law
    115-392); and for related victims services,

    [[Page 136 STAT. 121]]

    $575,000,000, to remain available until expended, of which $575,000,000
    shall be derived by transfer from amounts available for obligation in
    this Act from the Fund established by section 1402 of chapter XIV of
    title II of Public Law 98-473 (34 U.S.C. 20101), notwithstanding section
    1402(d) of such Act of 1984, and merged with the amounts otherwise made
    available under this heading:  Provided, That except as otherwise
    provided by law, not to exceed 5 percent of funds made available under
    this heading may be used for expenses related to evaluation, training,
    and technical assistance:  Provided further, That of the amount
    provided--
                (1) $217,000,000 is for grants to combat violence against
            women, as authorized by part T of the 1968 Act;
                (2) $43,000,000 is for transitional housing assistance
            grants for victims of domestic violence, dating violence,
            stalking, or sexual assault as authorized by section 40299 of
            the 1994 Act;
                (3) $2,500,000 is for the National Institute of Justice and
            the Bureau of Justice Statistics for research, evaluation, and
            statistics of violence against women and related issues
            addressed by grant programs of the Office on Violence Against
            Women, which shall be transferred to ``Research, Evaluation and
            Statistics'' for administration by the Office of Justice
            Programs;
                (4) $15,000,000 is for a grant program to provide services
            to advocate for and respond to youth victims of domestic
            violence, dating violence, sexual assault, and stalking;
            assistance to children and youth exposed to such violence;
            programs to engage men and youth in preventing such violence;
            and assistance to middle and high school students through
            education and other services related to such violence, of which
            $3,000,000 is to engage men and youth in preventing domestic
            violence, dating violence, sexual assault, and stalking:
            Provided, That unobligated balances available for the programs
            authorized by sections 41201, 41204, 41303, and 41305 of the
            1994 Act, prior to its amendment by the 2013 Act, shall be
            available for this program:  Provided further, That 10 percent
            of the total amount available for this grant program shall be
            available for grants under the program authorized by section
            2015 of the 1968 Act:  Provided
            further, <<NOTE: Applicability.>> That the definitions and grant
            conditions in section 40002 of the 1994 Act shall apply to this
            program;
                (5) $55,000,000 is for grants to encourage arrest policies
            as authorized by part U of the 1968 Act, of which $4,000,000 is
            for a homicide reduction initiative and up to $4,000,000 is for
            a domestic violence lethality reduction initiative;
                (6) $54,000,000 is for sexual assault victims assistance, as
            authorized by section 41601 of the 1994 Act;
                (7) $48,000,000 is for rural domestic violence and child
            abuse enforcement assistance grants, as authorized by section
            40295 of the 1994 Act;
                (8) $22,000,000 is for grants to reduce violent crimes
            against women on campus, as authorized by section 304 of the
            2005 Act and notwithstanding the restrictions of section
            304(a)(2) of such Act, of which $11,000,000 is for grants to
            Historically Black Colleges and Universities, Hispanic-Serving
            Institutions, and Tribal colleges;

    [[Page 136 STAT. 122]]

                (9) $50,000,000 is for legal assistance for victims, as
            authorized by section 1201 of the 2000 Act;
                (10) $7,500,000 is for enhanced training and services to end
            violence against and abuse of women in later life, as authorized
            by section 40801 of the 1994 Act;
                (11) $20,000,000 is for grants to support families in the
            justice system, as authorized by section 1301 of the 2000 Act:
            Provided, That unobligated balances available for the programs
            authorized by section 1301 of the 2000 Act and section 41002 of
            the 1994 Act, prior to their amendment by the 2013 Act, shall be
            available for this program;
                (12) $7,500,000 is for education and training to end
            violence against and abuse of women with disabilities, as
            authorized by section 1402 of the 2000 Act;
                (13) $1,000,000 is for the National Resource Center on
            Workplace Responses to assist victims of domestic violence, as
            authorized by section 41501 of the 1994 Act;
                (14) $1,000,000 is for analysis and research on violence
            against Indian women, including as authorized by section 904 of
            the 2005 Act:  Provided, That such funds may be transferred to
            ``Research, Evaluation and Statistics'' for administration by
            the Office of Justice Programs;
                (15) $500,000 is for a national clearinghouse that provides
            training and technical assistance on issues relating to sexual
            assault of American Indian and Alaska Native women;
                (16) $5,500,000 is for grants to assist Tribal Governments
            in exercising special domestic violence criminal jurisdiction,
            as authorized by section 904 of the 2013
            Act: <<NOTE: Applicability.>> Provided, That the grant
            conditions in section 40002(b) of the 1994 Act shall apply to
            this program;
                (17) $1,500,000 is for the purposes authorized under the
            2015 Act;
                (18) $11,000,000 is for a grant program to support
            restorative justice responses to domestic violence, dating
            violence, sexual assault, and stalking, including evaluations of
            those responses:  Provided, <<NOTE: Applicability.>> That the
            definitions and grant conditions in section 40002 of the 1994
            Act, and in the explanatory statement described in section 4 (in
            the matter preceding division A of this consolidated Act), shall
            apply to this program;
                (19) $10,000,000 is for culturally specific services for
            victims, as authorized by section 121 of the 2005 Act; and
                (20) $3,000,000 is for an initiative to support cross-
            designation of tribal prosecutors as Tribal Special Assistant
            United States Attorneys:  Provided, <<NOTE: Applicability.>>
            That the definitions and grant conditions in section 40002 of
            the 1994 Act shall apply to this initiative.

                           Office of Justice Programs

                       research, evaluation and statistics

        For grants, contracts, cooperative agreements, and other assistance
    authorized by title I of the Omnibus Crime Control and Safe Streets Act
    of 1968 (``the 1968 Act''); the Violent Crime Control and Law
    Enforcement Act of 1994 (Public Law 103-322) (``the 1994 Act''); the
    Juvenile Justice and Delinquency Prevention Act of 1974 (``the 1974
    Act''); the Missing Children's Assistance Act

    [[Page 136 STAT. 123]]

    (34 U.S.C. 11291 et seq.); the Prosecutorial Remedies and Other Tools to
    end the Exploitation of Children Today Act of 2003 (Public Law 108-21)
    (``the PROTECT Act''); the Justice for All Act of 2004 (Public Law 108-
    405); the Violence Against Women and Department of Justice
    Reauthorization Act of 2005 (Public Law 109-162) (``the 2005 Act''); the
    Victims of Child Abuse Act of 1990 (Public Law 101-647); the Second
    Chance Act of 2007 (Public Law 110-199); the Victims of Crime Act of
    1984 (Public Law 98-473); the Adam Walsh Child Protection and Safety Act
    of 2006 (Public Law 109-248) (``the Adam Walsh Act''); the PROTECT Our
    Children Act of 2008 (Public Law 110-401); subtitle C of title II of the
    Homeland Security Act of 2002 (Public Law 107-296) (``the 2002 Act'');
    the Prison Rape Elimination Act of 2003 (Public Law 108-79) (``PREA'');
    the NICS Improvement Amendments Act of 2007 (Public Law 110-180); the
    Violence Against Women Reauthorization Act of 2013 (Public Law 113-4)
    (``the 2013 Act''); the Comprehensive Addiction and Recovery Act of 2016
    (Public Law 114-198); the First Step Act of 2018 (Public Law 115-391);
    and other programs, $70,000,000, to remain available until expended, of
    which--
                (1) $40,000,000 is for criminal justice statistics programs,
            and other activities, as authorized by part C of title I of the
            1968 Act; and
                (2) $30,000,000 is for research, development, and evaluation
            programs, and other activities as authorized by part B of title
            I of the 1968 Act and subtitle C of title II of the 2002 Act,
            and for activities authorized by or consistent with the First
            Step Act of 2018, of which $1,500,000 is for a feasibility study
            to create a system to monitor abuse in youth-serving
            organizations.

                   state and local law enforcement assistance

                          (including transfer of funds)

        For grants, contracts, cooperative agreements, and other assistance
    authorized by the Violent Crime Control and Law Enforcement Act of 1994
    (Public Law 103-322) (``the 1994 Act''); the Omnibus Crime Control and
    Safe Streets Act of 1968 (Public Law 90-351) (``the 1968 Act''); the
    Justice for All Act of 2004 (Public Law 108-405); the Victims of Child
    Abuse Act of 1990 (Public Law 101-647) (``the 1990 Act''); the
    Trafficking Victims Protection Reauthorization Act of 2005 (Public Law
    109-164); the Violence Against Women and Department of Justice
    Reauthorization Act of 2005 (Public Law 109-162) (``the 2005 Act''); the
    Adam Walsh Child Protection and Safety Act of 2006 (Public Law 109-248)
    (``the Adam Walsh Act''); the Victims of Trafficking and Violence
    Protection Act of 2000 (Public Law 106-386); the NICS Improvement
    Amendments Act of 2007 (Public Law 110-180); subtitle C of title II of
    the Homeland Security Act of 2002 (Public Law 107-296) (``the 2002
    Act''); the Prison Rape Elimination Act of 2003 (Public Law 108-79); the
    Second Chance Act of 2007 (Public Law 110-199); the Prioritizing
    Resources and Organization for Intellectual Property Act of 2008 (Public
    Law 110-403); the Victims of Crime Act of 1984 (Public Law 98-473); the
    Mentally Ill Offender Treatment and Crime Reduction Reauthorization and
    Improvement Act of 2008 (Public Law 110-416); the Violence Against Women
    Reauthorization Act of 2013 (Public Law 113-4) (``the 2013 Act''); the
    Comprehensive

    [[Page 136 STAT. 124]]

    Addiction and Recovery Act of 2016 (Public Law 114-198) (``CARA''); the
    Justice for All Reauthorization Act of 2016 (Public Law 114-324); Kevin
    and Avonte's Law (division Q of Public Law 115-141) (``Kevin and
    Avonte's Law''); the Keep Young Athletes Safe Act of 2018 (title III of
    division S of Public Law 115-141) (``the Keep Young Athletes Safe
    Act''); the STOP School Violence Act of 2018 (title V of division S of
    Public Law 115-141) (``the STOP School Violence Act''); the Fix NICS Act
    of 2018 (title VI of division S of Public Law 115-141); the Project Safe
    Neighborhoods Grant Program Authorization Act of 2018 (Public Law 115-
    185); the SUPPORT for Patients and Communities Act (Public Law 115-271);
    the Second Chance Reauthorization Act of 2018 (Public Law 115-391); the
    Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act (Public
    Law 111-84); the Ashanti Alert Act of 2018 (Public Law 115-401); the
    Missing Persons and Unidentified Remains Act of 2019 (Public Law 116-
    277); the Jabara-Heyer NO HATE Act (34 U.S.C. 30507) and other programs,
    $2,213,000,000, to remain available until expended as follows--
                (1) $674,500,000 for the Edward Byrne Memorial Justice
            Assistance Grant program as authorized by subpart 1 of part E of
            title I of the 1968 Act (except that section 1001(c), and the
            special rules for Puerto Rico under section 505(g), of title I
            of the 1968 Act shall not apply for purposes of this Act), of
            which, notwithstanding such subpart 1--
                        (A) $13,000,000 is for an Officer Robert Wilson III
                    memorial initiative on Preventing Violence Against Law
                    Enforcement and Ensuring Officer Resilience and
                    Survivability (VALOR);
                        (B) $2,400,000 is for the operation, maintenance,
                    and expansion of the National Missing and Unidentified
                    Persons System;
                        (C) $10,000,000 is for a grant program for State and
                    local law enforcement to provide officer training on
                    responding to individuals with mental illness or
                    disabilities;
                        (D) $4,000,000 is for a student loan repayment
                    assistance program pursuant to section 952 of Public Law
                    110-315;
                        (E) $15,500,000 is for prison rape prevention and
                    prosecution grants to States and units of local
                    government, and other programs, as authorized by the
                    Prison Rape Elimination Act of 2003 (Public Law 108-79);
                        (F) $3,000,000 is for the Missing Americans Alert
                    Program (title XXIV of the 1994 Act), as amended by
                    Kevin and Avonte's Law;
                        (G) $20,000,000 is for grants authorized under the
                    Project Safe Neighborhoods Grant Authorization Act of
                    2018 (Public Law 115-185);
                        (H) $12,000,000 is for the Capital Litigation
                    Improvement Grant Program, as authorized by section 426
                    of Public Law 108-405, and for grants for wrongful
                    conviction review;
                        (I) $3,000,000 is for a national center on
                    restorative justice;
                        (J) $1,000,000 is for the purposes of the Ashanti
                    Alert Communications Network as authorized under the
                    Ashanti Alert Act of 2018 (Public Law 115-401);
                        (K) $3,500,000 is for a grant program to replicate
                    family-based alternative sentencing pilot programs;

    [[Page 136 STAT. 125]]

                        (L) $2,000,000 is for a grant program to support
                    child advocacy training in post-secondary education;
                        (M) $8,000,000 is for a rural violent crime
                    initiative, including assistance for law enforcement;
                        (N) $5,000,000 is for grants authorized under the
                    Missing Persons and Unidentified Remains Act of 2019
                    (Public Law 116-277);
                        (O) $4,000,000 is for a drug data research center to
                    combat opioid abuse;
                        (P) $1,500,000 is for grants to accredited
                    institutions of higher education to support forensic
                    ballistics programs; and
                        (Q) $184,707,000 is for discretionary grants to
                    improve the functioning of the criminal justice system,
                    to prevent or combat juvenile delinquency, and to assist
                    victims of crime (other than compensation), which shall
                    be used for the projects, and in the amounts, specified
                    under the heading, ``Byrne Discretionary Community
                    Project Grants/Byrne Discretionary Grants'', in the
                    explanatory statement described in section 4 (in the
                    matter preceding division A of this consolidated Act):
                    Provided, That such amounts may not be transferred for
                    any other purpose;
                (2) $234,000,000 for the State Criminal Alien Assistance
            Program, as authorized by section 241(I)(5) of the Immigration
            and Nationality Act (8 U.S.C. 1231(I)(5)):  Provided, That no
            jurisdiction shall request compensation for any cost greater
            than the actual cost for Federal immigration and other detainees
            housed in State and local detention facilities;
                (3) $88,000,000 for victim services programs for victims of
            trafficking, as authorized by section 107(b)(2) of Public Law
            106-386, for programs authorized under Public Law 109-164, or
            programs authorized under Public Law 113-4;
                (4) $12,000,000 for a grant program to prevent and address
            economic, high technology, white collar, and Internet crime,
            including as authorized by section 401 of Public Law 110-403, of
            which not less than $2,500,000 is for intellectual property
            enforcement grants including as authorized by section 401, and
            $2,000,000 is for grants to develop databases on Internet of
            Things device capabilities and to build and execute training
            modules for law enforcement;
                (5) $20,000,000 for sex offender management assistance, as
            authorized by the Adam Walsh Act, and related activities;
                (6) $30,000,000 for the Patrick Leahy Bulletproof Vest
            Partnership Grant Program, as authorized by section 2501 of
            title I of the 1968 Act:  Provided, That $1,500,000 shall be
            transferred directly to the National Institute of Standards and
            Technology's Office of Law Enforcement Standards for research,
            testing, and evaluation programs;
                (7) $1,000,000 for the National Sex Offender Public Website;
                (8) $95,000,000 for grants to States to upgrade criminal and
            mental health records for the National Instant Criminal
            Background Check System, of which no less than $25,000,000 shall
            be for grants made under the authorities of the NICS Improvement
            Amendments Act of 2007 (Public Law 110-180) and Fix NICS Act of
            2018;

    [[Page 136 STAT. 126]]

                (9) $33,000,000 for Paul Coverdell Forensic Sciences
            Improvement Grants under part BB of title I of the 1968 Act;
                (10) $151,000,000 for DNA-related and forensic programs and
            activities, of which--
                        (A) $120,000,000 is for the purposes authorized
                    under section 2 of the DNA Analysis Backlog Elimination
                    Act of 2000 (Public Law 106-546) (the Debbie Smith DNA
                    Backlog Grant Program):  Provided, That up to 4 percent
                    of funds made available under this paragraph may be used
                    for the purposes described in the DNA Training and
                    Education for Law Enforcement, Correctional Personnel,
                    and Court Officers program (Public Law 108-405, section
                    303);
                        (B) $15,000,000 for other local, State, and Federal
                    forensic activities;
                        (C) $12,000,000 is for the purposes described in the
                    Kirk Bloodsworth Post-Conviction DNA Testing Grant
                    Program (Public Law 108-405, section 412); and
                        (D) $4,000,000 is for Sexual Assault Forensic Exam
                    Program grants, including as authorized by section 304
                    of Public Law 108-405;
                (11) $50,000,000 for community-based grant programs to
            improve the response to sexual assault, including assistance for
            investigation and prosecution of related cold cases;
                (12) $14,000,000 for the court-appointed special advocate
            program, as authorized by section 217 of the 1990 Act;
                (13) $50,000,000 for assistance to Indian Tribes;
                (14) $115,000,000 for offender reentry programs and
            research, as authorized by the Second Chance Act of 2007 (Public
            Law 110-199) and by the Second Chance Reauthorization Act of
            2018 (Public Law 115-391), without regard to the time
            limitations specified at section 6(1) of such Act, of which not
            to exceed--
                        (A) $8,000,000 is for a program to improve State,
                    local, and Tribal probation or parole supervision
                    efforts and strategies;
                        (B) $5,000,000 is for children of incarcerated
                    parents demonstration programs to enhance and maintain
                    parental and family relationships for incarcerated
                    parents as a reentry or recidivism reduction strategy;
                        (C) $5,000,000 is for additional replication sites
                    employing the Project HOPE Opportunity Probation with
                    Enforcement model implementing swift and certain
                    sanctions in probation, of which no less than $500,000
                    shall be used for a project that provides training,
                    technical assistance, and best practices; and
                        (D) $10,000,000 is for a grant program for crisis
                    stabilization and community reentry, as authorized by
                    the Crisis Stabilization and Community Reentry Act of
                    2020 (Public Law 116-281):
              Provided, That up to $7,500,000 of funds made available in
            this paragraph may be used for performance-based awards for Pay
            for Success projects, of which up to $5,000,000 shall be for Pay
            for Success programs implementing the Permanent Supportive
            Housing Model and reentry housing;

    [[Page 136 STAT. 127]]

                (15) $415,000,000 for comprehensive opioid abuse reduction
            activities, including as authorized by CARA, and for the
            following programs, which shall address opioid, stimulant, and
            substance use disorders consistent with underlying program
            authorities, of which--
                        (A) $88,000,000 is for Drug Courts, as authorized by
                    section 1001(a)(25)(A) of title I of the 1968 Act;
                        (B) $40,000,000 is for mental health courts and
                    adult and juvenile collaboration program grants, as
                    authorized by parts V and HH of title I of the 1968 Act,
                    and the Mentally Ill Offender Treatment and Crime
                    Reduction Reauthorization and Improvement Act of 2008
                    (Public Law 110-416);
                        (C) $40,000,000 is for grants for Residential
                    Substance Abuse Treatment for State Prisoners, as
                    authorized by part S of title I of the 1968 Act;
                        (D) $29,000,000 is for a veterans treatment courts
                    program;
                        (E) $33,000,000 is for a program to monitor
                    prescription drugs and scheduled listed chemical
                    products; and
                        (F) $185,000,000 is for a comprehensive opioid,
                    stimulant, and substance abuse program;
                (16) $2,500,000 for a competitive grant program authorized
            by the Keep Young Athletes Safe Act;
                (17) $82,000,000 for grants to be administered by the Bureau
            of Justice Assistance for purposes authorized under the STOP
            School Violence Act;
                (18) $3,000,000 for grants to State and local law
            enforcement agencies for the expenses associated with the
            investigation and prosecution of criminal offenses involving
            civil rights, authorized by the Emmett Till Unsolved Civil
            Rights Crimes Reauthorization Act of 2016 (Public Law 114-325);
                (19) $13,000,000 for grants to State, local, and Tribal law
            enforcement agencies to conduct educational outreach and
            training on hate crimes and to investigate and prosecute hate
            crimes, as authorized by section 4704 of the Matthew Shepard and
            James Byrd, Jr. Hate Crimes Prevention Act (Public Law 111-84);
                (20) $5,000,000 for grants to support community-based
            approaches to advancing justice and reconciliation, facilitating
            dialogue between all parties, building local capacity, de-
            escalating community tensions, and preventing hate crimes
            through conflict resolution and community empowerment and
            education;
                (21) $120,000,000 for initiatives to improve police-
            community relations, of which $35,000,000 is for a competitive
            matching grant program for purchases of body-worn cameras for
            State, local, and Tribal law enforcement; $35,000,000 is for a
            justice reinvestment initiative, for activities related to
            criminal justice reform and recidivism reduction; and
            $50,000,000 is for a community violence intervention and
            prevention initiative; and
                (22) $5,000,000 for programs authorized under the Jabara-
            Heyer NO HATE Act (34 U.S.C. 30507):

      Provided, That, if a unit of local government uses any of the funds
    made available under this heading to increase the number of law
    enforcement officers, the unit of local government will achieve a net
    gain in the number of law enforcement officers who perform

    [[Page 136 STAT. 128]]

    non-administrative public sector safety service:  Provided further, That
    in the spending plan submitted pursuant to section 528 of this Act, the
    Office of Justice Programs shall specifically and explicitly identify
    all changes in the administration of competitive grant programs for
    fiscal year 2022, including changes to applicant eligibility, priority
    areas or weightings, and the application review process.

                            juvenile justice programs

        For grants, contracts, cooperative agreements, and other assistance
    authorized by the Juvenile Justice and Delinquency Prevention Act of
    1974 (``the 1974 Act''); the Omnibus Crime Control and Safe Streets Act
    of 1968 (``the 1968 Act''); the Violence Against Women and Department of
    Justice Reauthorization Act of 2005 (Public Law 109-162) (``the 2005
    Act''); the Missing Children's Assistance Act (34 U.S.C. 11291 et seq.);
    the PROTECT Act (Public Law 108-21); the Victims of Child Abuse Act of
    1990 (Public Law 101-647) (``the 1990 Act''); the Adam Walsh Child
    Protection and Safety Act of 2006 (Public Law 109-248) (``the Adam Walsh
    Act''); the PROTECT Our Children Act of 2008 (Public Law 110-401); the
    Violence Against Women Reauthorization Act of 2013 (Public Law 113-4)
    (``the 2013 Act''); the Justice for All Reauthorization Act of 2016
    (Public Law 114-324); the Missing Children's Assistance Act of 2018
    (Public Law 115-267); the Juvenile Justice Reform Act of 2018 (Public
    Law 115-385); the Victims of Crime Act of 1984 (chapter XIV of title II
    of Public Law 98-473) (``the 1984 Act''); the Comprehensive Addiction
    and Recovery Act of 2016 (Public Law 114-198); and other juvenile
    justice programs, $360,000,000, to remain available until expended as
    follows--
                (1) $70,000,000 for programs authorized by section 221 of
            the 1974 Act, and for training and technical assistance to
            assist small, nonprofit organizations with the Federal grants
            process:  Provided, That of the amounts provided under this
            paragraph, $500,000 shall be for a competitive demonstration
            grant program to support emergency planning among State, local,
            and Tribal juvenile justice residential facilities;
                (2) $102,000,000 for youth mentoring grants;
                (3) $49,500,000 for delinquency prevention, of which,
            pursuant to sections 261 and 262 of the 1974 Act--
                        (A) $4,000,000 shall be for grants to prevent
                    trafficking of girls;
                        (B) $14,000,000 shall be for the Tribal Youth
                    Program;
                        (C) $500,000 shall be for an Internet site providing
                    information and resources on children of incarcerated
                    parents;
                        (D) $4,500,000 shall be for competitive grants
                    focusing on girls in the juvenile justice system;
                        (E) $12,000,000 shall be for an initiative relating
                    to youth affected by opioids, stimulants, and other
                    substance use;
                        (F) $8,000,000 shall be for an initiative relating
                    to children exposed to violence; and
                        (G) $5,000,000 shall be for grants to protect
                    vulnerable and at-risk youth;
                (4) $33,000,000 for programs authorized by the Victims of
            Child Abuse Act of 1990;

    [[Page 136 STAT. 129]]

                (5) $99,000,000 for missing and exploited children programs,
            including as authorized by sections 404(b) and 405(a) of the
            1974 Act (except that section 102(b)(4)(B) of the PROTECT Our
            Children Act of 2008 (Public Law 110-401) shall not apply for
            purposes of this Act);
                (6) $4,000,000 for child abuse training programs for
            judicial personnel and practitioners, as authorized by section
            222 of the 1990 Act; and
                (7) $2,500,000 for a program to improve juvenile indigent
            defense:

      Provided, That not more than 10 percent of each amount may be used for
    research, evaluation, and statistics activities designed to benefit the
    programs or activities authorized:  Provided further, That not more than
    2 percent of the amounts designated under paragraphs (1) through (3) and
    (6) may be used for training and technical assistance:  Provided
    further, That the two preceding provisos shall not apply to grants and
    projects administered pursuant to sections 261 and 262 of the 1974 Act
    and to missing and exploited children programs.

                         public safety officer benefits

                          (including transfer of funds)

        For payments and expenses authorized under section 1001(a)(4) of
    title I of the Omnibus Crime Control and Safe Streets Act of 1968, such
    sums as are necessary (including amounts for administrative costs), to
    remain available until expended; and $30,000,000 for payments authorized
    by section 1201(b) of such Act and for educational assistance authorized
    by section 1218 of such Act, to remain available until expended:
    Provided, <<NOTE: Determination.>>  That notwithstanding section 205 of
    this Act, upon a determination by the Attorney General that emergent
    circumstances require additional funding for such disability and
    education payments, the Attorney General may transfer such amounts to
    ``Public Safety Officer Benefits'' from available appropriations for the
    Department of Justice as may be necessary to respond to such
    circumstances:  Provided further, That any transfer pursuant to the
    preceding proviso shall be treated as a reprogramming under section 505
    of this Act and shall not be available for obligation or expenditure
    except in compliance with the procedures set forth in that section.

                      Community Oriented Policing Services

                  community oriented policing services programs

                          (including transfer of funds)

        For activities authorized by the Violent Crime Control and Law
    Enforcement Act of 1994 (Public Law 103-322); the Omnibus Crime Control
    and Safe Streets Act of 1968 (``the 1968 Act''); the Violence Against
    Women and Department of Justice Reauthorization Act of 2005 (Public Law
    109-162) (``the 2005 Act''); the American Law Enforcement Heroes Act of
    2017 (Public Law 115-37); the Law Enforcement Mental Health and Wellness
    Act (Public Law 115-113) (``the LEMHW Act''); the SUPPORT for Patients
    and Communities Act (Public Law 115-271); and the Supporting and
    Treating Officers In Crisis Act of 2019 (Public Law 116-32)

    [[Page 136 STAT. 130]]

    (``the STOIC Act''), $511,744,000, to remain available until expended:
    Provided, That any balances made available through prior year
    deobligations shall only be available in accordance with section 505 of
    this Act:  Provided further, That of the amount provided under this
    heading--
                (1) $246,000,000 is for grants under section 1701 of title I
            of the 1968 Act (34 U.S.C. 10381) for the hiring and rehiring of
            additional career law enforcement officers under part Q of such
            title notwithstanding subsection (I) of such section:  Provided,
            That, notwithstanding section 1704(c) of such title (34 U.S.C.
            10384(c)), funding for hiring or rehiring a career law
            enforcement officer may not exceed $125,000 unless the Director
            of the Office of Community Oriented Policing Services grants a
            waiver from this limitation:  Provided further, That of the
            amounts appropriated under this paragraph, $31,500,000 is for
            improving Tribal law enforcement, including hiring, equipment,
            training, anti-methamphetamine activities, and anti-opioid
            activities:  Provided further, That of the amounts appropriated
            under this paragraph $42,000,000 is for regional information
            sharing activities, as authorized by part M of title I of the
            1968 Act, which shall be transferred to and merged with
            ``Research, Evaluation, and Statistics'' for administration by
            the Office of Justice Programs:  Provided further, That of the
            amounts appropriated under this paragraph, no less than
            $3,000,000 is to support the Tribal Access Program:  Provided
            further, That of the amounts appropriated under this paragraph,
            $8,000,000 is for training, peer mentoring, mental health
            program activities, and other support services as authorized
            under the LEMHW Act and the STOIC Act:  Provided further, That
            of the amounts appropriated under this paragraph, $5,000,000 is
            for the collaborative reform model of technical assistance in
            furtherance of section 1701 of title I of the 1968 Act (34
            U.S.C. 10381);
                (2) $11,000,000 is for activities authorized by the POLICE
            Act of 2016 (Public Law 114-199);
                (3) $15,000,000 is for competitive grants to State law
            enforcement agencies in States with high seizures of precursor
            chemicals, finished methamphetamine, laboratories, and
            laboratory dump seizures:  Provided, <<NOTE: Drugs and drug
            abuse.>> That funds appropriated under this paragraph shall be
            utilized for investigative purposes to locate or investigate
            illicit activities, including precursor diversion, laboratories,
            or methamphetamine traffickers;
                (4) $35,000,000 is for competitive grants to statewide law
            enforcement agencies in States with high rates of primary
            treatment admissions for heroin and other opioids:  Provided,
            That these <<NOTE: Drugs and drug abuse.>> funds shall be
            utilized for investigative purposes to locate or investigate
            illicit activities, including activities related to the
            distribution of heroin or unlawful distribution of prescription
            opioids, or unlawful heroin and prescription opioid traffickers
            through statewide collaboration;
                (5) $53,000,000 is for competitive grants to be administered
            by the Community Oriented Policing Services Office for purposes
            authorized under the STOP School Violence Act (title V of
            division S of Public Law 115-141);
                (6) $40,000,000 is for community policing development
            activities in furtherance of section 1701 of title I of the 1968
            Act (34 U.S.C. 10381); and

    [[Page 136 STAT. 131]]

                (7) $111,744,000 is for a law enforcement technologies and
            interoperable communications program, and related law
            enforcement and public safety equipment, which shall be used for
            the projects, and in the amounts, specified under the heading,
            ``Community Oriented Policing Services, Technology and Equipment
            Community Projects/ COPS Law Enforcement Technology and
            Equipment'', in the explanatory statement described in section 4
            (in the matter preceding division A of this consolidated Act):
            Provided, That such amounts may not be transferred for any other
            purpose:  Provided further, That grants funded by such amounts
            shall not be subject to section 1703 of title I of the 1968 Act
            (34 U.S.C. 10383).

                    General Provisions--Department of Justice

                          (including transfer of funds)

        Sec. 201.  In addition to amounts otherwise made available in this
    title for official reception and representation expenses, a total of not
    to exceed $50,000 from funds appropriated to the Department of Justice
    in this title shall be available to the Attorney General for official
    reception and representation expenses.
        Sec. 202. <<NOTE: Abortion.>> None of the funds appropriated by this
    title shall be available to pay for an abortion, except where the life
    of the mother would be endangered if the fetus were carried to term, or
    in the case of rape or incest:  Provided, That should this prohibition
    be declared unconstitutional by a court of competent jurisdiction, this
    section shall be null and void.

        Sec. 203. <<NOTE: Abortion.>> None of the funds appropriated under
    this title shall be used to require any person to perform, or facilitate
    in any way the performance of, any abortion.

        Sec. 204. <<NOTE: Prisons and prisoners. Abortion.>> Nothing in the
    preceding section shall remove the obligation of the Director of the
    Bureau of Prisons to provide escort services necessary for a female
    inmate to receive such service outside the Federal facility:  Provided,
    That nothing in this section in any way diminishes the effect of section
    203 intended to address the philosophical beliefs of individual
    employees of the Bureau of Prisons.

        Sec. 205.  Not to exceed 5 percent of any appropriation made
    available for the current fiscal year for the Department of Justice in
    this Act may be transferred between such appropriations, but no such
    appropriation, except as otherwise specifically provided, shall be
    increased by more than 10 percent by any such transfers:  Provided, That
    any transfer pursuant to this section shall be treated as a
    reprogramming of funds under section 505 of this Act and shall not be
    available for obligation except in compliance with the procedures set
    forth in that section:  Provided further, That this section shall not
    apply to the following--
                (1) paragraph 1(Q) under the heading ``State and Local Law
            Enforcement Assistance''; and
                (2) paragraph (7) under the heading ``Community Oriented
            Policing Services Programs''.

        Sec. 206. <<NOTE: Prisons and prisoners.>> None of the funds made
    available under this title may be used by the Federal Bureau of Prisons
    or the United States Marshals Service for the purpose of transporting an
    individual who is a prisoner pursuant to conviction for crime under
    State or Federal law and is classified as a maximum or high

    [[Page 136 STAT. 132]]

    security prisoner, other than to a prison or other facility certified by
    the Federal Bureau of Prisons as appropriately secure for housing such a
    prisoner.

        Sec. 207. <<NOTE: Prisons and prisoners.>> (a) None of the funds
    appropriated by this Act may be used by Federal prisons to purchase
    cable television services, or to rent or purchase audiovisual or
    electronic media or equipment used primarily for recreational purposes.

        (b) Subsection (a) does not preclude the rental, maintenance, or
    purchase of audiovisual or electronic media or equipment for inmate
    training, religious, or educational programs.
        Sec. 208. <<NOTE: Certification.>> None of the funds made available
    under this title shall be obligated or expended for any new or enhanced
    information technology program having total estimated development costs
    in excess of $100,000,000, unless the Deputy Attorney General and the
    investment review board certify to the Committees on Appropriations of
    the House of Representatives and the Senate that the information
    technology program has appropriate program management controls and
    contractor oversight mechanisms in place, and that the program is
    compatible with the enterprise architecture of the Department of
    Justice.

        Sec. 209. <<NOTE: Applicability.>>   The notification thresholds and
    procedures set forth in section 505 of this Act shall apply to
    deviations from the amounts designated for specific activities in this
    Act and in the explanatory statement described in section 4 (in the
    matter preceding division A of this consolidated Act), and to any use of
    deobligated balances of funds provided under this title in previous
    years.

        Sec. 210.  None of the funds appropriated by this Act may be used to
    plan for, begin, continue, finish, process, or approve a public-private
    competition under the Office of Management and Budget Circular A-76 or
    any successor administrative regulation, directive, or policy for work
    performed by employees of the Bureau of Prisons or of Federal Prison
    Industries, Incorporated.
        Sec. 211.  Notwithstanding any other provision of law, no funds
    shall be available for the salary, benefits, or expenses of any United
    States Attorney assigned dual or additional responsibilities by the
    Attorney General or his designee that exempt that United States Attorney
    from the residency requirements of section 545 of title 28, United
    States Code.
        Sec. 212.  At the discretion of the Attorney General, and in
    addition to any amounts that otherwise may be available (or authorized
    to be made available) by law, with respect to funds appropriated by this
    title under the headings ``Research, Evaluation and Statistics'',
    ``State and Local Law Enforcement Assistance'', and ``Juvenile Justice
    Programs''--
                (1) up to 2 percent of funds made available to the Office of
            Justice Programs for grant or reimbursement programs may be used
            by such Office to provide training and technical assistance; and
                (2) up to 2 percent of funds made available for grant or
            reimbursement programs under such headings, except for amounts
            appropriated specifically for research, evaluation, or
            statistical programs administered by the National Institute of
            Justice and the Bureau of Justice Statistics, shall be
            transferred to and merged with funds provided to the National
            Institute of Justice and the Bureau of Justice Statistics, to be
            used by them for research, evaluation, or statistical purposes,

    [[Page 136 STAT. 133]]

            without regard to the authorizations for such grant or
            reimbursement programs.

        This section shall not apply to paragraph 1(Q) under the heading
    ``State and Local Law Enforcement Assistance''.
        Sec. 213. <<NOTE: Determination. Time period. Waiver
    authority.>> Upon request by a grantee for whom the Attorney General has
    determined there is a fiscal hardship, the Attorney General may, with
    respect to funds appropriated in this or any other Act making
    appropriations for fiscal years 2019 through 2022 for the following
    programs, waive the following requirements:
                (1) For the adult and juvenile offender State and local
            reentry demonstration projects under part FF of title I of the
            Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C.
            10631 et seq.), the requirements under section 2976(g)(1) of
            such part (34 U.S.C. 10631(g)(1)).
                (2) For grants to protect inmates and safeguard communities
            as authorized by section 6 of the Prison Rape Elimination Act of
            2003 (34 U.S.C. 30305(c)(3)), the requirements of section
            6(c)(3) of such Act.

        Sec. 214.  Notwithstanding any other provision of law, section
    20109(a) of subtitle A of title II of the Violent Crime Control and Law
    Enforcement Act of 1994 (34 U.S.C. 12109(a)) shall not apply to amounts
    made available by this or any other Act.
        Sec. 215. <<NOTE: Firearms.>> None of the funds made available under
    this Act, other than for the national instant criminal background check
    system established under section 103 of the Brady Handgun Violence
    Prevention Act (34 U.S.C. 40901), may be used by a Federal law
    enforcement officer to facilitate the transfer of an operable firearm to
    an individual if the Federal law enforcement officer knows or suspects
    that the individual is an agent of a drug cartel, unless law enforcement
    personnel of the United States continuously monitor or control the
    firearm at all times.

        Sec. 216. (a) None of the income retained in the Department of
    Justice Working Capital Fund pursuant to title I of Public Law 102-140
    (105 Stat. 784; 28 U.S.C. 527 note) shall be available for obligation
    during fiscal year 2022, except up to $12,000,000 may be obligated for
    implementation of a unified Department of Justice financial management
    system.
        (b) Not to exceed $30,000,000 of the unobligated balances
    transferred to the capital account of the Department of Justice Working
    Capital Fund pursuant to title I of Public Law 102-140 (105 Stat. 784;
    28 U.S.C. 527 note) shall be available for obligation in fiscal year
    2022, and any use, obligation, transfer, or allocation of such funds
    shall be treated as a reprogramming of funds under section 505 of this
    Act.
        (c) Not to exceed $10,000,000 of the excess unobligated balances
    available under section 524(c)(8)(E) of title 28, United States Code,
    shall be available for obligation during fiscal year 2022, and any use,
    obligation, transfer or allocation of such funds shall be treated as a
    reprogramming of funds under section 505 of this Act.
        Sec. 217.  Discretionary funds that are made available in this Act
    for the Office of Justice Programs may be used to participate in
    Performance Partnership Pilots authorized under such authorities as have
    been enacted for Performance Partnership Pilots in appropriations acts
    in prior fiscal years and the current fiscal year.
        Sec. 218. <<NOTE: Time period. Reports.>> The Attorney General shall
    submit to the Committees on Appropriations of the House of
    Representatives and the Senate

    [[Page 136 STAT. 134]]

    quarterly reports on the Crime Victims Fund, the Working Capital Fund,
    the Three Percent Fund, and the Asset Forfeiture Fund. Such quarterly
    reports shall contain at least the same level of information and detail
    for each Fund as was provided to the Committees on Appropriations of the
    House of Representatives and the Senate in fiscal year 2021.

        This title may be cited as the ``Department of Justice
    Appropriations Act, 2022''.

    TITLE <<NOTE: Science Appropriations Act, 2022.>>  III

                                     SCIENCE

                     Office of Science and Technology Policy

        For necessary expenses of the Office of Science and Technology
    Policy, in carrying out the purposes of the National Science and
    Technology Policy, Organization, and Priorities Act of 1976 (42 U.S.C.
    6601 et seq.), hire of passenger motor vehicles, and services as
    authorized by section 3109 of title 5, United States Code, not to exceed
    $2,250 for official reception and representation expenses, and rental of
    conference rooms in the District of Columbia, $6,652,000.

                             National Space Council

        For necessary expenses of the National Space Council, in carrying
    out the purposes of title V of Public Law 100-685 and Executive Order
    No. 13803, hire of passenger motor vehicles, and services as authorized
    by section 3109 of title 5, United States Code, not to exceed $2,250 for
    official reception and representation expenses, $1,965,000:  Provided,
    That notwithstanding any other provision of law, the National Space
    Council may accept personnel support from Federal agencies, departments,
    and offices, and such Federal agencies, departments, and offices may
    detail staff without reimbursement to the National Space Council for
    purposes provided herein.

                  National Aeronautics and Space Administration

                                     science

        For necessary expenses, not otherwise provided for, in the conduct
    and support of science research and development activities, including
    research, development, operations, support, and services; maintenance
    and repair, facility planning and design; space flight, spacecraft
    control, and communications activities; program management; personnel
    and related costs, including uniforms or allowances therefor, as
    authorized by sections 5901 and 5902 of title 5, United States Code;
    travel expenses; purchase and hire of passenger motor vehicles; and
    purchase, lease, charter, maintenance, and operation of mission and
    administrative aircraft, $7,614,400,000, to remain available until
    September 30, 2023.

    [[Page 136 STAT. 135]]

                                   aeronautics

        For necessary expenses, not otherwise provided for, in the conduct
    and support of aeronautics research and development activities,
    including research, development, operations, support, and services;
    maintenance and repair, facility planning and design; space flight,
    spacecraft control, and communications activities; program management;
    personnel and related costs, including uniforms or allowances therefor,
    as authorized by sections 5901 and 5902 of title 5, United States Code;
    travel expenses; purchase and hire of passenger motor vehicles; and
    purchase, lease, charter, maintenance, and operation of mission and
    administrative aircraft, $880,700,000, to remain available until
    September 30, 2023.

                                space technology

        For necessary expenses, not otherwise provided for, in the conduct
    and support of space technology research and development activities,
    including research, development, operations, support, and services;
    maintenance and repair, facility planning and design; space flight,
    spacecraft control, and communications activities; program management;
    personnel and related costs, including uniforms or allowances therefor,
    as authorized by sections 5901 and 5902 of title 5, United States Code;
    travel expenses; purchase and hire of passenger motor vehicles; and
    purchase, lease, charter, maintenance, and operation of mission and
    administrative aircraft, $1,100,000,000, to remain available until
    September 30, 2023:  Provided, That $227,000,000 shall be for RESTORE-L/
    SPace Infrastructure DExterous Robot:  Provided further, That
    $110,000,000 shall be for the development, production, and demonstration
    of a nuclear thermal propulsion system, of which $80,000,000 shall be
    for the design of a flight demonstration system:  Provided further,
    That, not later than <<NOTE: Deadline. Plan.>> 180 days after the
    enactment of this Act, the National Aeronautics and Space Administration
    shall provide a plan for the design of a flight demonstration.

                                   exploration

        For necessary expenses, not otherwise provided for, in the conduct
    and support of exploration research and development activities,
    including research, development, operations, support, and services;
    maintenance and repair, facility planning and design; space flight,
    spacecraft control, and communications activities; program management;
    personnel and related costs, including uniforms or allowances therefor,
    as authorized by sections 5901 and 5902 of title 5, United States Code;
    travel expenses; purchase and hire of passenger motor vehicles; and
    purchase, lease, charter, maintenance, and operation of mission and
    administrative aircraft, $6,791,700,000, to remain available until
    September 30, 2023:  Provided, That not less than $1,406,700,000 shall
    be for the Orion Multi-Purpose Crew Vehicle:  Provided further, That not
    less than $2,600,000,000 shall be for the Space Launch System (SLS)
    launch vehicle, which shall have a lift capability not less than 130
    metric tons and which shall have core elements and an Exploration Upper
    Stage developed simultaneously to be used to the maximum extent
    practicable, including for Earth to Moon missions and Moon landings:
    Provided further, That of the amounts provided for SLS, not less than
    $600,000,000 shall be for SLS Block 1B development

    [[Page 136 STAT. 136]]

    including the Exploration Upper Stage and associated systems including
    related facilitization, to support an SLS Block 1B mission available to
    launch in 2025 in addition to the planned Block 1 missions for Artemis I
    through Artemis III:  Provided further, That $590,000,000 shall be for
    Exploration Ground Systems and associated Block 1B activities, including
    up to $165,300,000 for a second mobile launch platform:  Provided
    further, <<NOTE: Time period. Budget profile.>> That the National
    Aeronautics and Space Administration shall provide to the Committees on
    Appropriations of the House of Representatives and the Senate,
    concurrent with the annual budget submission, a 5-year budget profile
    for an integrated system that includes the SLS, the Orion Multi-Purpose
    Crew Vehicle, and associated ground systems that will ensure a crewed
    launch as early as possible, as well as a system-based funding profile
    for a sustained launch cadence that contemplates the use of an SLS Block
    1B cargo variant with an 8.4 meter fairing and associated ground
    systems:  Provided further, That $2,195,000,000 shall be for exploration
    research and development:  Provided further, <<NOTE: 51 USC 20301
    note.>> That acquisition of human-rated deep space exploration lunar and
    cislunar transportation and habitation capabilities, human-rated lunar
    terrain mobility capabilities, exploration mission rated suits, lunar
    communications and navigation capabilities, and their associated
    components, may be funded incrementally in fiscal year 2022 and
    thereafter.

                                space operations

        For necessary expenses, not otherwise provided for, in the conduct
    and support of space operations research and development activities,
    including research, development, operations, support and services; space
    flight, spacecraft control, and communications activities, including
    operations, production, and services; maintenance and repair, facility
    planning and design; program management; personnel and related costs,
    including uniforms or allowances therefor, as authorized by sections
    5901 and 5902 of title 5, United States Code; travel expenses; purchase
    and hire of passenger motor vehicles; and purchase, lease, charter,
    maintenance, and operation of mission and administrative aircraft,
    $4,041,300,000, to remain available until September 30, 2023.

          science, technology, engineering, and mathematics engagement

        For necessary expenses, not otherwise provided for, in the conduct
    and support of aerospace and aeronautical education research and
    development activities, including research, development, operations,
    support, and services; program management; personnel and related costs,
    including uniforms or allowances therefor, as authorized by sections
    5901 and 5902 of title 5, United States Code; travel expenses; purchase
    and hire of passenger motor vehicles; and purchase, lease, charter,
    maintenance, and operation of mission and administrative aircraft,
    $137,000,000, to remain available until September 30, 2023, of which
    $26,000,000 shall be for the Established Program to Stimulate
    Competitive Research and $54,500,000 shall be for the National Space
    Grant College and Fellowship Program.

    [[Page 136 STAT. 137]]

                      safety, security and mission services

        For necessary expenses, not otherwise provided for, in the conduct
    and support of science, aeronautics, space technology, exploration,
    space operations and education research and development activities,
    including research, development, operations, support, and services;
    maintenance and repair, facility planning and design; space flight,
    spacecraft control, and communications activities; program management;
    personnel and related costs, including uniforms or allowances therefor,
    as authorized by sections 5901 and 5902 of title 5, United States Code;
    travel expenses; purchase and hire of passenger motor vehicles; not to
    exceed $63,000 for official reception and representation expenses; and
    purchase, lease, charter, maintenance, and operation of mission and
    administrative aircraft, $3,020,600,000, to remain available until
    September 30, 2023:  Provided, That if available balances in the
    ``Science, Space, and Technology Education Trust Fund'' are not
    sufficient to provide for the grant disbursements required under the
    third and fourth provisos under such heading in the Department of
    Housing and Urban Development-Independent Agencies Appropriations Act,
    1989 (Public Law 100-404) as amended by the Departments of Veterans
    Affairs and Housing and Urban Development, and Independent Agencies
    Appropriations Act, 1995 (Public Law 103-327) up to $1,000,000 shall be
    available from amounts made available under this heading to make such
    grant disbursements:  Provided further, That of the amounts appropriated
    under this heading, $22,655,000 shall be used for the projects, and in
    the amounts, specified in the table under the heading ``NASA Community
    Projects/NASA Special Projects'' in the explanatory statement described
    in section 4 (in the matter preceding division A of this consolidated
    Act):  Provided further, That the amounts made available for the
    projects referenced in the preceding proviso may not be transferred for
    any other purpose.

            construction and environmental compliance and restoration

        For necessary expenses for construction of facilities including
    repair, rehabilitation, revitalization, and modification of facilities,
    construction of new facilities and additions to existing facilities,
    facility planning and design, and restoration, and acquisition or
    condemnation of real property, as authorized by law, and environmental
    compliance and restoration, $410,300,000, to remain available until
    September 30, 2027, of which $55,000,000 shall be available only for
    costs related to the replacement of National Aeronautics and Space
    Administration facilities that were subject to an emergency closure for
    life and safety issues in fiscal year 2020:
    Provided, <<NOTE: Contracts. Time period. 51 USC 20145 note.>> That
    proceeds from leases deposited into this account shall be available for
    a period of 5 years to the extent and in amounts as provided in annual
    appropriations Acts:  Provided further, That such proceeds referred to
    in the preceding proviso shall be available for obligation for fiscal
    year 2022 in an amount not to exceed $20,000,000:  Provided further,
    T <<NOTE: Budget request. Estimate. 51 USC 30103 note.>> hat each annual
    budget request shall include an annual estimate of gross receipts and
    collections and proposed use of all funds collected pursuant to section
    20145 of title 51, United States Code.

    [[Page 136 STAT. 138]]

                           office of inspector general

        For necessary expenses of the Office of Inspector General in
    carrying out the Inspector General Act of 1978, $45,300,000, of which
    $500,000 shall remain available until September 30, 2023.

                            administrative provisions

                         (including transfers of funds)

        Funds <<NOTE: 51 USC 20144 note.>>  for any announced prize
    otherwise authorized shall remain available, without fiscal year
    limitation, until a prize is claimed or the offer is withdrawn.

        Not to exceed 5 percent of any appropriation made available for the
    current fiscal year for the National Aeronautics and Space
    Administration in this Act may be transferred between such
    appropriations, but no such appropriation, except as otherwise
    specifically provided, shall be increased by more than 10 percent by any
    such transfers. Any funds transferred to ``Construction and
    Environmental Compliance and Restoration'' for construction activities
    shall not increase that account by more than 20 percent and any funds
    transferred to or within ``Exploration'' for Exploration Ground Systems
    shall not increase Exploration Ground Systems by more than $100,000,000.
    Balances so transferred shall be merged with and available for the same
    purposes and the same time period as the appropriations to which
    transferred. Any transfer pursuant to this provision shall be treated as
    a reprogramming of funds under section 505 of this Act and shall not be
    available for obligation except in compliance with the procedures set
    forth in that section.
        Not to exceed 5 percent of any appropriation provided for the
    National Aeronautics and Space Administration under previous
    appropriations Acts that remains available for obligation or expenditure
    in fiscal year 2022 may be transferred between such appropriations, but
    no such appropriation, except as otherwise specifically provided, shall
    be increased by more than 10 percent by any such transfers. Any transfer
    pursuant to this provision shall retain its original availability and
    shall be treated as a reprogramming of funds under section 505 of this
    Act and shall not be available for obligation except in compliance with
    the procedures set forth in that section.
        The <<NOTE: Spending plan.>>  spending plan required by this Act
    shall be provided by the National Aeronautics and Space Administration
    at the theme, program, project, and activity level. The spending plan,
    as well as any subsequent change of an amount established in that
    spending plan that meets the notification requirements of section 505 of
    this Act, shall be treated as a reprogramming under section 505 of this
    Act and shall not be available for obligation or expenditure except in
    compliance with the procedures set forth in that section.

        Not more than 20 percent or $50,000,000, whichever is less, of the
    amounts made available in the current-year Construction and
    Environmental Compliance and Restoration (CECR) appropriation may be
    applied to CECR projects funded under previous years' CECR
    appropriations. Use of current-year funds under this provision shall be
    treated as a reprogramming of funds under section 505 of this act and
    shall not be available for obligation except in compliance with the
    procedures set forth in that section.

    [[Page 136 STAT. 139]]

        Of the amounts made available in this Act under the heading
    ``Science, Technology, Engineering, and Mathematics Engagement'' (``STEM
    Engagement''), up to $5,000,000 shall be available to jointly fund, with
    an additional amount of up to $1,000,000 each from amounts made
    available in this Act under the headings ``Science'', ``Aeronautics'',
    ``Space Technology'', ``Exploration'', and ``Space Operations'',
    projects and activities for engaging students in STEM and increasing
    STEM research capacities of universities, including Minority Serving
    Institutions.

                           National Science Foundation

                         research and related activities

        For necessary expenses in carrying out the National Science
    Foundation Act of 1950 (42 U.S.C. 1861 et seq.), and Public Law 86-209
    (42 U.S.C. 1880 et seq.); services as authorized by section 3109 of
    title 5, United States Code; maintenance and operation of aircraft and
    purchase of flight services for research support; acquisition of
    aircraft; and authorized travel; $7,159,400,000, to remain available
    until September 30, 2023, of which not to exceed $544,000,000 shall
    remain available until expended for polar research and operations
    support, and for reimbursement to other Federal agencies for operational
    and science support and logistical and other related activities for the
    United States Antarctic program:  Provided, That receipts for scientific
    support services and materials furnished by the National Research
    Centers and other National Science Foundation supported research
    facilities may be credited to this appropriation.

              major research equipment and facilities construction

        For necessary expenses for the acquisition, construction,
    commissioning, and upgrading of major research equipment, facilities,
    and other such capital assets pursuant to the National Science
    Foundation Act of 1950 (42 U.S.C. 1861 et seq.), including authorized
    travel, $249,000,000, to remain available until expended.

                          education and human resources

        For necessary expenses in carrying out science, mathematics, and
    engineering education and human resources programs and activities
    pursuant to the National Science Foundation Act of 1950 (42 U.S.C. 1861
    et seq.), including services as authorized by section 3109 of title 5,
    United States Code, authorized travel, and rental of conference rooms in
    the District of Columbia, $1,006,000,000, to remain available until
    September 30, 2023.

                     agency operations and award management

        For agency operations and award management necessary in carrying out
    the National Science Foundation Act of 1950 (42 U.S.C. 1861 et seq.);
    services authorized by section 3109 of title 5, United States Code; hire
    of passenger motor vehicles; uniforms or allowances therefor, as
    authorized by sections 5901 and 5902 of title 5, United States Code;
    rental of conference rooms in the District of Columbia; and
    reimbursement of the Department of Homeland Security for security guard
    services; $400,000,000:  Provided, That

    [[Page 136 STAT. 140]]

    not to exceed $8,280 is for official reception and representation
    expenses:  Provided further, <<NOTE: Contracts.>> That contracts may be
    entered into under this heading in fiscal year 2022 for maintenance and
    operation of facilities and for other services to be provided during the
    next fiscal year.

                      office of the national science board

        For necessary expenses (including payment of salaries, authorized
    travel, hire of passenger motor vehicles, the rental of conference rooms
    in the District of Columbia, and the employment of experts and
    consultants under section 3109 of title 5, United States Code) involved
    in carrying out section 4 of the National Science Foundation Act of 1950
    (42 U.S.C. 1863) and Public Law 86-209 (42 U.S.C. 1880 et seq.),
    $4,600,000:  Provided, That not to exceed $2,500 shall be available for
    official reception and representation expenses.

                           office of inspector general

        For necessary expenses of the Office of Inspector General as
    authorized by the Inspector General Act of 1978, $19,000,000, of which
    $400,000 shall remain available until September 30, 2023.

                            administrative provisions

                         (including transfers of funds)

        Not to exceed 5 percent of any appropriation made available for the
    current fiscal year for the National Science Foundation in this Act may
    be transferred between such appropriations, but no such appropriation
    shall be increased by more than 10 percent by any such transfers. Any
    transfer pursuant to this paragraph shall be treated as a reprogramming
    of funds under section 505 of this Act and shall not be available for
    obligation except in compliance with the procedures set forth in that
    section.
        Of the amounts provided for ``Research and Related Activities'', up
    to $148,000,000 may be transferred to ``Education and Human Resources''
    consistent with direction provided in the explanatory statement
    described in section 4 (in the matter preceding division A of this
    consolidated Act). The authority provided by this paragraph is in
    addition to the authority provided by the first paragraph under this
    heading.
        The <<NOTE: Notification. Time period.>> Director of the National
    Science Foundation (NSF) shall notify the Committees on Appropriations
    of the House of Representatives and the Senate at least 30 days in
    advance of any planned divestment through transfer, decommissioning,
    termination, or deconstruction of any NSF-owned facilities or any NSF
    capital assets (including land, structures, and equipment) valued
    greater than $2,500,000.

        This title may be cited as the ``Science Appropriations Act, 2022''.

    [[Page 136 STAT. 141]]

                                    TITLE IV

                                RELATED AGENCIES

                           Commission on Civil Rights

                              salaries and expenses

        For necessary expenses of the Commission on Civil Rights, including
    hire of passenger motor vehicles, $13,000,000:  Provided, That none of
    the funds appropriated in this paragraph may be used to employ any
    individuals under Schedule C of subpart C of part 213 of title 5 of the
    Code of Federal Regulations exclusive of one special assistant for each
    Commissioner:  Provided further, That none of the funds appropriated in
    this paragraph shall be used to reimburse Commissioners for more than 75
    billable days, with the exception of the chairperson, who is permitted
    125 billable days:  Provided further, <<NOTE: Donations.>> That the
    Chair may accept and use any gift or donation to carry out the work of
    the Commission:  Provided further, That none of the funds appropriated
    in this paragraph shall be used for any activity or expense that is not
    explicitly authorized by section 3 of the Civil Rights Commission Act of
    1983 (42 U.S.C. 1975a):  Provided further, That notwithstanding the
    preceding proviso, $1,000,000 shall be used to separately fund the
    Commission on the Social Status of Black Men and Boys.

                     Equal Employment Opportunity Commission

                              salaries and expenses

        For necessary expenses of the Equal Employment Opportunity
    Commission as authorized by title VII of the Civil Rights Act of 1964,
    the Age Discrimination in Employment Act of 1967, the Equal Pay Act of
    1963, the Americans with Disabilities Act of 1990, section 501 of the
    Rehabilitation Act of 1973, the Civil Rights Act of 1991, the Genetic
    Information Nondiscrimination Act (GINA) of 2008 (Public Law 110-233),
    the ADA Amendments Act of 2008 (Public Law 110-325), and the Lilly
    Ledbetter Fair Pay Act of 2009 (Public Law 111-2), including services as
    authorized by section 3109 of title 5, United States Code; hire of
    passenger motor vehicles as authorized by section 1343(b) of title 31,
    United States Code; nonmonetary awards to private citizens; and up to
    $31,500,000 for payments to State and local enforcement agencies for
    authorized services to the Commission, $420,000,000:  Provided, That the
    Commission is authorized to make available for official reception and
    representation expenses not to exceed $2,250 from available funds:
    Provided further, <<NOTE: Workforce proposals. Notification.>> That the
    Commission may take no action to implement any workforce repositioning,
    restructuring, or reorganization until such time as the Committees on
    Appropriations of the House of Representatives and the Senate have been
    notified of such proposals, in accordance with the reprogramming
    requirements of section 505 of this Act:  Provided
    further, <<NOTE: Donations.>> That the Chair may accept and use any gift
    or donation to carry out the work of the Commission.

    [[Page 136 STAT. 142]]

                         International Trade Commission

                              salaries and expenses

        For necessary expenses of the International Trade Commission,
    including hire of passenger motor vehicles and services as authorized by
    section 3109 of title 5, United States Code, and not to exceed $2,250
    for official reception and representation expenses, $110,000,000, to
    remain available until expended.

                           Legal Services Corporation

                    payment to the legal services corporation

        For payment to the Legal Services Corporation to carry out the
    purposes of the Legal Services Corporation Act of 1974, $489,000,000, of
    which $448,750,000 is for basic field programs and required independent
    audits; $5,500,000 is for the Office of Inspector General, of which such
    amounts as may be necessary may be used to conduct additional audits of
    recipients; $23,500,000 is for management and grants oversight;
    $4,500,000 is for client self-help and information technology;
    $4,750,000 is for a Pro Bono Innovation Fund; and $2,000,000 is for loan
    repayment assistance:  Provided, That the Legal Services Corporation may
    continue to provide locality pay to officers and employees at a rate no
    greater than that provided by the Federal Government to Washington, DC-
    based employees as authorized by section 5304 of title 5, United States
    Code, notwithstanding section 1005(d) of the Legal Services Corporation
    Act (42 U.S.C. 2996d(d)):  Provided
    further, <<NOTE: Applicability.>> That the authorities provided in
    section 205 of this Act shall be applicable to the Legal Services
    Corporation:  Provided further, That, for the purposes of section 505 of
    this Act, the Legal Services Corporation shall be considered an agency
    of the United States Government.

              administrative provision--legal services corporation

        None of the funds appropriated in this Act to the Legal Services
    Corporation shall be expended for any purpose prohibited or limited by,
    or contrary to any of the provisions of, sections 501, 502, 503, 504,
    505, and 506 of Public Law 105-119, and all funds appropriated in this
    Act to the Legal Services Corporation shall be subject to the same terms
    and conditions set forth in such sections, except that all references in
    sections 502 and 503 to 1997 and 1998 shall be deemed to refer instead
    to 2021 and 2022, respectively.

                            Marine Mammal Commission

                              salaries and expenses

        For necessary expenses of the Marine Mammal Commission as authorized
    by title II of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1361
    et seq.), $4,200,000.

    [[Page 136 STAT. 143]]

                Office of the United States Trade Representative

                              salaries and expenses

        For necessary expenses of the Office of the United States Trade
    Representative, including the hire of passenger motor vehicles and the
    employment of experts and consultants as authorized by section 3109 of
    title 5, United States Code, $56,000,000, of which $1,000,000 shall
    remain available until expended:  Provided, That of the total amount
    made available under this heading, not to exceed $124,000 shall be
    available for official reception and representation expenses.

                          trade enforcement trust fund

                          (including transfer of funds)

        For activities of the United States Trade Representative authorized
    by section 611 of the Trade Facilitation and Trade Enforcement Act of
    2015 (19 U.S.C. 4405), including transfers, $15,000,000, to be derived
    from the Trade Enforcement Trust Fund:  Provided, That any transfer
    pursuant to subsection (d)(1) of such section shall be treated as a
    reprogramming under section 505 of this Act.

                             State Justice Institute

                              salaries and expenses

        For necessary expenses of the State Justice Institute, as authorized
    by the State Justice Institute Act of 1984 (42 U.S.C. 10701 et seq.)
    $7,200,000, of which $500,000 shall remain available until September 30,
    2023:  Provided, That not to exceed $2,250 shall be available for
    official reception and representation expenses:  Provided further, That,
    for the purposes of section 505 of this Act, the State Justice Institute
    shall be considered an agency of the United States Government.

            Commission on the State of U.S. Olympics and Paralympics

                              salaries and expenses

        For necessary expenses of the Commission on the State of U.S.
    Olympics and Paralympics, as authorized by section 11 of the Empowering
    Olympic, Paralympic, and Amateur Athletes Act of 2020 (Public Law 116-
    189), $2,000,000, to remain available until September 30, 2023.

                                     TITLE V

                               GENERAL PROVISIONS

                             (including rescissions)

                          (including transfer of funds)

        Sec. 501. <<NOTE: Propaganda.>> No part of any appropriation
    contained in this Act shall be used for publicity or propaganda purposes
    not authorized by the Congress.

    [[Page 136 STAT. 144]]

        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. <<NOTE: Contracts.>> The expenditure of any appropriation
    under this Act for any consulting service through procurement contract,
    pursuant to section 3109 of title 5, United States Code, shall be
    limited to those contracts where such expenditures are a matter of
    public record and available for public inspection, except where
    otherwise provided under existing law, or under existing Executive order
    issued pursuant to existing law.

        Sec. 504.  If any provision of this Act or the application of such
    provision to any person or circumstances shall be held invalid, the
    remainder of the Act and the application of each provision to persons or
    circumstances other than those as to which it is held invalid shall not
    be affected thereby.
        Sec. 505. <<NOTE: Contracts. Notification. Time period.>> None of
    the funds provided under this Act, or provided under previous
    appropriations Acts to the agencies funded by this Act that remain
    available for obligation or expenditure in fiscal year 2022, or provided
    from any accounts in the Treasury of the United States derived by the
    collection of fees available to the agencies funded by this Act, shall
    be available for obligation or expenditure through a reprogramming of
    funds that: (1) creates or initiates a new program, project, or
    activity; (2) eliminates a program, project, or activity; (3) increases
    funds or personnel by any means for any project or activity for which
    funds have been denied or restricted; (4) relocates an office or
    employees; (5) reorganizes or renames offices, programs, or activities;
    (6) contracts out or privatizes any functions or activities presently
    performed by Federal employees; (7) augments existing programs,
    projects, or activities in excess of $500,000 or 10 percent, whichever
    is less, or reduces by 10 percent funding for any program, project, or
    activity, or numbers of personnel by 10 percent; or (8) results from any
    general savings, including savings from a reduction in personnel, which
    would result in a change in existing programs, projects, or activities
    as approved by Congress; unless the House and Senate Committees on
    Appropriations are notified 15 days in advance of such reprogramming of
    funds.

        Sec. 506. (a) <<NOTE: Determination.>>  If it has been finally
    determined by a court or Federal agency that any person intentionally
    affixed a label bearing a ``Made in America'' inscription, or any
    inscription with the same meaning, to any product sold in or shipped to
    the United States that is not made in the United States, the person
    shall be ineligible to receive any contract or subcontract made with
    funds made available in this Act, pursuant to the debarment, suspension,
    and ineligibility procedures described in sections 9.400 through 9.409
    of title 48, Code of Federal Regulations.

        (b)(1) To the extent practicable, with respect to authorized
    purchases of promotional items, funds made available by this Act shall
    be used to purchase items that are manufactured, produced, or assembled
    in the United States, its territories or possessions.
        (2) <<NOTE: Definition.>>  The term ``promotional items'' has the
    meaning given the term in OMB Circular A-87, Attachment B, Item
    (1)(f)(3).

        Sec. 507. (a) <<NOTE: Time period. Reports.>>  The Departments of
    Commerce and Justice, the National Science Foundation, and the National
    Aeronautics and Space Administration shall provide to the Committees on
    Appropriations of the House of Representatives and the Senate a
    quarterly report on the status of balances of appropriations at the
    account

    [[Page 136 STAT. 145]]

    level. For unobligated, uncommitted balances and unobligated, committed
    balances the quarterly reports shall separately identify the amounts
    attributable to each source year of appropriation from which the
    balances were derived. For balances that are obligated, but unexpended,
    the quarterly reports shall separately identify amounts by the year of
    obligation.

        (b) The report described in subsection (a) shall be submitted within
    30 days of the end of each quarter.
        (c) If a department or agency is unable to fulfill any aspect of a
    reporting requirement described in subsection (a) due to a limitation of
    a current accounting system, the department or agency shall fulfill such
    aspect to the maximum extent practicable under such accounting system
    and shall identify and describe in each quarterly report the extent to
    which such aspect is not fulfilled.
        Sec. 508.  Any costs incurred by a department or agency funded under
    this Act resulting from, or to prevent, personnel actions taken in
    response to funding reductions included in this Act shall be absorbed
    within the total budgetary resources available to such department or
    agency:  Provided, That the authority to transfer funds between
    appropriations accounts as may be necessary to carry out this section is
    provided in addition to authorities included elsewhere in this Act:
    Provided further, That use of funds to carry out this section shall be
    treated as a reprogramming of funds under section 505 of this Act and
    shall not be available for obligation or expenditure except in
    compliance with the procedures set forth in that section:  Provided
    further, <<NOTE: Applicability.>> That for the Department of Commerce,
    this section shall also apply to actions taken for the care and
    protection of loan collateral or grant property.

        Sec. 509. <<NOTE: Tobacco and tobacco products.>> None of the funds
    provided by this Act shall be available to promote the sale or export of
    tobacco or tobacco products, or to seek the reduction or removal by any
    foreign country of restrictions on the marketing of tobacco or tobacco
    products, except for restrictions which are not applied equally to all
    tobacco or tobacco products of the same type.

        Sec. 510. <<NOTE: 34 USC 20101 note.>> Notwithstanding any other
    provision of law, amounts deposited or available in the Fund established
    by section 1402 of chapter XIV of title II of Public Law 98-473 (34
    U.S.C. 20101) in any fiscal year in excess of $2,600,000,000 shall not
    be available for obligation until the following fiscal year:  Provided,
    That notwithstanding section 1402(d) of such Act, of the amounts
    available from the Fund for obligation: (1) $10,000,000 shall be
    transferred to the Department of Justice Office of Inspector General and
    remain available until expended for oversight and auditing purposes
    associated with this section; and (2) 5 percent shall be available to
    the Office for Victims of Crime for grants, consistent with the
    requirements of the Victims of Crime Act, to Indian Tribes to improve
    services for victims of crime.

        Sec. 511. <<NOTE: Discrimination.>> None of the funds made available
    to the Department of Justice in this Act may be used to discriminate
    against or denigrate the religious or moral beliefs of students who
    participate in programs for which financial assistance is provided from
    those funds, or of the parents or legal guardians of such students.

        Sec. 512.  None of the funds made available in this Act may be
    transferred to any department, agency, or instrumentality of the United
    States Government, except pursuant to a transfer made by, or transfer
    authority provided in, this Act or any other appropriations Act.

    [[Page 136 STAT. 146]]

        Sec. 513. (a) <<NOTE: Audits. Reports.>>  The Inspectors General of
    the Department of Commerce, the Department of Justice, the National
    Aeronautics and Space Administration, the National Science Foundation,
    and the Legal Services Corporation shall conduct audits, pursuant to the
    Inspector General Act (5 U.S.C. App.), of grants or contracts for which
    funds are appropriated by this Act, and shall submit reports to Congress
    on the progress of such audits, which may include preliminary findings
    and a description of areas of particular interest, within 180 days after
    initiating such an audit and every 180 days thereafter until any such
    audit is completed.

        (b) <<NOTE: Deadline. Public information. Web posting.>>  Within 60
    days after the date on which an audit described in subsection (a) by an
    Inspector General is completed, the Secretary, Attorney General,
    Administrator, Director, or President, as appropriate, shall make the
    results of the audit available to the public on the Internet website
    maintained by the Department, Administration, Foundation, or
    Corporation, respectively. The results shall be made available in
    redacted form to exclude--
                (1) any matter described in section 552(b) of title 5,
            United States Code; and
                (2) sensitive personal information for any individual, the
            public access to which could be used to commit identity theft or
            for other inappropriate or unlawful purposes.

        (c) <<NOTE: Certification.>>  Any person awarded a grant or contract
    funded by amounts appropriated by this Act shall submit a statement to
    the Secretary of Commerce, the Attorney General, the Administrator,
    Director, or President, as appropriate, certifying that no funds derived
    from the grant or contract will be made available through a subcontract
    or in any other manner to another person who has a financial interest in
    the person awarded the grant or contract.

        (d) <<NOTE: Effective
    date. Consultation. Determination. Applicability.>>  The provisions of
    the preceding subsections of this section shall take effect 30 days
    after the date on which the Director of the Office of Management and
    Budget, in consultation with the Director of the Office of Government
    Ethics, determines that a uniform set of rules and requirements,
    substantially similar to the requirements in such subsections,
    consistently apply under the executive branch ethics program to all
    Federal departments, agencies, and entities.

        Sec. 514. <<NOTE: Reviews. Consultations.>> (a) None of the funds
    appropriated or otherwise made available under this Act may be used by
    the Departments of Commerce and Justice, the National Aeronautics and
    Space Administration, or the National Science Foundation to acquire a
    high-impact or moderate-impact information system, as defined for
    security categorization in the National Institute of Standards and
    Technology's (NIST) Federal Information Processing Standard Publication
    199, ``Standards for Security Categorization of Federal Information and
    Information Systems'' unless the agency has--
                (1) reviewed the supply chain risk for the information
            systems against criteria developed by NIST and the Federal
            Bureau of Investigation (FBI) to inform acquisition decisions
            for high-impact and moderate-impact information systems within
            the Federal Government;
                (2) reviewed the supply chain risk from the presumptive
            awardee against available and relevant threat information
            provided by the FBI and other appropriate agencies; and
                (3) <<NOTE: Assessment. Cyber threats. China. Iran. North
            Korea. Russia.>>  in consultation with the FBI or other
            appropriate Federal entity, conducted an assessment of any risk
            of cyber-espionage or sabotage associated with the acquisition
            of such

    [[Page 136 STAT. 147]]

            system, including any risk associated with such system being
            produced, manufactured, or assembled by one or more entities
            identified by the United States Government as posing a cyber
            threat, including but not limited to, those that may be owned,
            directed, or subsidized by the People's Republic of China, the
            Islamic Republic of Iran, the Democratic People's Republic of
            Korea, or the Russian Federation.

        (b) None of the funds appropriated or otherwise made available under
    this Act may be used to acquire a high-impact or moderate-impact
    information system reviewed and assessed under subsection (a) unless the
    head of the assessing entity described in subsection (a) has--
                (1) <<NOTE: Mitigation strategy.>> developed, in
            consultation with NIST, the FBI, and supply chain risk
            management experts, a mitigation strategy for any identified
            risks;
                (2) <<NOTE: Determination.>>  determined, in consultation
            with NIST and the FBI, that the acquisition of such system is in
            the national interest of the United States; and
                (3) <<NOTE: Reports.>>  reported that determination to the
            Committees on Appropriations of the House of Representatives and
            the Senate and the agency Inspector General.

        Sec. 515. <<NOTE: Torture.>> None of the funds made available in
    this Act shall be used in any way whatsoever to support or justify the
    use of torture by any official or contract employee of the United States
    Government.

        Sec. 516.  None of the funds made available in this Act may be used
    to include in any new bilateral or multilateral trade agreement the text
    of--
                (1) paragraph 2 of article 16.7 of the United States-
            Singapore Free Trade Agreement;
                (2) paragraph 4 of article 17.9 of the United States-
            Australia Free Trade Agreement; or
                (3) paragraph 4 of article 15.9 of the United States-Morocco
            Free Trade Agreement.

        Sec. 517. <<NOTE: National security letter.>> None of the funds made
    available in this Act may be used to authorize or issue a national
    security letter in contravention of any of the following laws
    authorizing the Federal Bureau of Investigation to issue national
    security letters: The Right to Financial Privacy Act of 1978; The
    Electronic Communications Privacy Act of 1986; The Fair Credit Reporting
    Act; The National Security Act of 1947; USA PATRIOT Act; USA FREEDOM Act
    of 2015; and the laws amended by these Acts.

        Sec. 518. <<NOTE: Notifications.>> If at any time during any
    quarter, the program manager of a project within the jurisdiction of the
    Departments of Commerce or Justice, the National Aeronautics and Space
    Administration, or the National Science Foundation totaling more than
    $75,000,000 has reasonable cause to believe that the total program cost
    has increased by 10 percent or more, the program manager shall
    immediately inform the respective Secretary, Administrator, or
    Director. <<NOTE: Deadline. Determination. Cost estimates.>> The
    Secretary, Administrator, or Director shall notify the House and Senate
    Committees on Appropriations within 30 days in writing of such increase,
    and shall include in such notice: the date on which such determination
    was made; a statement of the reasons for such increases; the action
    taken and proposed to be taken to control future cost growth of the
    project; changes made in the performance or schedule milestones and the
    degree to which such changes have contributed to the

    [[Page 136 STAT. 148]]

    increase in total program costs or procurement costs; new estimates of
    the total project or procurement costs; and a statement validating that
    the project's management structure is adequate to control total project
    or procurement costs.

        Sec. 519.  Funds appropriated by this Act, or made available by the
    transfer of funds in this Act, for intelligence or intelligence related
    activities are deemed to be specifically authorized by the Congress for
    purposes of section 504 of the National Security Act of 1947 (50 U.S.C.
    3094) during fiscal year 2022 until the enactment of the Intelligence
    Authorization Act for fiscal year 2022.
        Sec. 520. <<NOTE: Contracts. Grants. Certification. Taxes. Time
    periods.>> None of the funds appropriated or otherwise made available by
    this Act may be used to enter into a contract in an amount greater than
    $5,000,000 or to award a grant in excess of such amount unless the
    prospective contractor or grantee certifies in writing to the agency
    awarding the contract or grant that, to the best of its knowledge and
    belief, the contractor or grantee has filed all Federal tax returns
    required during the three years preceding the certification, has not
    been convicted of a criminal offense under the Internal Revenue Code of
    1986, and has not, more than 90 days prior to certification, been
    notified of any unpaid Federal tax assessment for which the liability
    remains unsatisfied, unless the assessment is the subject of an
    installment agreement or offer in compromise that has been approved by
    the Internal Revenue Service and is not in default, or the assessment is
    the subject of a non-frivolous administrative or judicial proceeding.

                                  (rescissions)

        Sec. 521. <<NOTE: Deadlines.>> (a) Of the unobligated balances from
    prior year appropriations available to the Department of Commerce, the
    following funds are hereby permanently rescinded, not later than
    September 30, 2022, from the following accounts in the specified
    amounts--
                (1) ``Economic Development Administration, Economic
            Development Assistance Programs'', $15,000,000; and
                (2) ``National Oceanic and Atmospheric Administration,
            Operations, Research, and Facilities'', $10,000,000.

        (b) Of the unobligated balances from prior year appropriations
    available to the Department of Justice, the following funds are hereby
    permanently rescinded, not later than September 30, 2022, from the
    following accounts in the specified amounts--
                (1) ``State and Local Law Enforcement Activities, Office on
            Violence Against Women, Violence Against Women Prevention and
            Prosecution Programs'', $15,000,000;
                (2) ``State and Local Law Enforcement Activities, Office of
            Justice Programs'', $100,000,000; and
                (3) ``State and Local Law Enforcement Activities, Community
            Oriented Policing Services'', $15,000,000.

        (c) Of the unobligated balances available to the Department of
    Justice, the following funds are hereby permanently rescinded, not later
    than September 30, 2022, from the following accounts in the specified
    amounts--
                (1) ``Working Capital Fund'', $234,839,000; and
                (2) ``Legal Activities, Assets Forfeiture Fund'',
            $127,000,000.

        (d) <<NOTE: Reports.>> The Departments of Commerce and Justice shall
    submit to the Committees on Appropriations of the House of
    Representatives and the Senate a report no later than September 1, 2022,

    [[Page 136 STAT. 149]]

    specifying the amount of each rescission made pursuant to subsections
    (a), (b), and (c).

        (e) The amounts rescinded in subsections (a) and (b) shall not be
    from amounts that were designated by the Congress as an emergency or
    disaster relief requirement pursuant to the concurrent resolution on the
    budget or the Balanced Budget and Emergency Deficit Control Act of 1985.
        Sec. 522. <<NOTE: Airline travel.>> None of the funds made available
    in this Act may be used to purchase first class or premium airline
    travel in contravention of sections 301-10.122 through 301-10.124 of
    title 41 of the Code of Federal Regulations.

        Sec. 523. <<NOTE: Conference attendees.>> None of the funds made
    available in this Act may be used to send or otherwise pay for the
    attendance of more than 50 employees from a Federal department or
    agency, who are stationed in the United States, at any single conference
    occurring outside the United States unless--
                (1) such conference is a law enforcement training or
            operational conference for law enforcement personnel and the
            majority of Federal employees in attendance are law enforcement
            personnel stationed outside the United States; or
                (2) <<NOTE: Determination. Notification. Deadline.>> such
            conference is a scientific conference and the department or
            agency head determines that such attendance is in the national
            interest and notifies the Committees on Appropriations of the
            House of Representatives and the Senate within at least 15 days
            of that determination and the basis for that determination.

        Sec. 524. <<NOTE: Performance plan. Reports.>> The Director of the
    Office of Management and Budget shall instruct any department, agency,
    or instrumentality of the United States receiving funds appropriated
    under this Act to track undisbursed balances in expired grant accounts
    and include in its annual performance plan and performance and
    accountability reports the following:
                (1) Details on future action the department, agency, or
            instrumentality will take to resolve undisbursed balances in
            expired grant accounts.
                (2) The method that the department, agency, or
            instrumentality uses to track undisbursed balances in expired
            grant accounts.
                (3) Identification of undisbursed balances in expired grant
            accounts that may be returned to the Treasury of the United
            States.
                (4) <<NOTE: Time period.>>  In the preceding 3 fiscal years,
            details on the total number of expired grant accounts with
            undisbursed balances (on the first day of each fiscal year) for
            the department, agency, or instrumentality and the total
            finances that have not been obligated to a specific project
            remaining in the accounts.

        Sec. 525. <<NOTE: Light bulbs.>> To the extent practicable, funds
    made available in this Act should be used to purchase light bulbs that
    are ``Energy Star'' qualified or have the ``Federal Energy Management
    Program'' designation.

        Sec. 526. <<NOTE: China.>> (a) None of the funds made available by
    this Act may be used for the National Aeronautics and Space
    Administration (NASA), the Office of Science and Technology Policy
    (OSTP), or the National Space Council (NSC) to develop, design, plan,
    promulgate, implement, or execute a bilateral policy, program, order, or
    contract of any kind to participate, collaborate, or coordinate
    bilaterally in any way with China or any Chinese-owned company unless

    [[Page 136 STAT. 150]]

    such activities are specifically authorized by a law enacted after the
    date of enactment of this Act.

        (b) None of the funds made available by this Act may be used to
    effectuate the hosting of official Chinese visitors at facilities
    belonging to or utilized by NASA.
        (c) <<NOTE: Consultation. Certification.>> The limitations described
    in subsections (a) and (b) shall not apply to activities which NASA,
    OSTP, or NSC, after consultation with the Federal Bureau of
    Investigation, have certified--
                (1) pose no risk of resulting in the transfer of technology,
            data, or other information with national security or economic
            security implications to China or a Chinese-owned company; and
                (2) <<NOTE: Determination.>> will not involve knowing
            interactions with officials who have been determined by the
            United States to have direct involvement with violations of
            human rights.

        (d) <<NOTE: Deadline.>> Any certification made under subsection (c)
    shall be submitted to the Committees on Appropriations of the House of
    Representatives and the Senate, and the Federal Bureau of Investigation,
    no later than 30 days prior to the activity in question and shall
    include a description of the purpose of the activity, its agenda, its
    major participants, and its location and timing.

        Sec. 527. (a) <<NOTE: Pornography.>> None of the funds made
    available in this Act may be used to maintain or establish a computer
    network unless such network blocks the viewing, downloading, and
    exchanging of pornography.

        (b) Nothing in subsection (a) shall limit the use of funds necessary
    for any Federal, State, Tribal, or local law enforcement agency or any
    other entity carrying out criminal investigations, prosecution,
    adjudication, or other law enforcement- or victim assistance-related
    activity.
        Sec. 528. <<NOTE: Spending plans. Deadline.>> The Departments of
    Commerce and Justice, the National Aeronautics and Space Administration,
    the National Science Foundation, the Commission on Civil Rights, the
    Equal Employment Opportunity Commission, the International Trade
    Commission, the Legal Services Corporation, the Marine Mammal
    Commission, the Offices of Science and Technology Policy and the United
    States Trade Representative, the National Space Council, and the State
    Justice Institute shall submit spending plans, signed by the respective
    department or agency head, to the Committees on Appropriations of the
    House of Representatives and the Senate not later than 45 days after the
    date of enactment of this Act.

        Sec. 529. <<NOTE: Contracts.>> Notwithstanding any other provision
    of this Act, none of the funds appropriated or otherwise made available
    by this Act may be used to pay award or incentive fees for contractor
    performance that has been judged to be below satisfactory performance or
    for performance that does not meet the basic requirements of a contract.

        Sec. 530.  None of the funds made available by this Act may be used
    in contravention of section 7606 (``Legitimacy of Industrial Hemp
    Research'') of the Agricultural Act of 2014 (Public Law 113-79) by the
    Department of Justice or the Drug Enforcement Administration.
        Sec. 531. <<NOTE: State listing. Territories. Medical
    marijuana.>> None of the funds made available under this Act to the
    Department of Justice may be used, with respect to any of the States of
    Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut,
    Delaware, Florida, Georgia, Hawaii, Illinois,

    [[Page 136 STAT. 151]]

    Indiana, Iowa, Kentucky, Louisiana, Maine, Maryland, Massachusetts,
    Michigan, Minnesota, Mississippi, Missouri, Montana, Nevada, New
    Hampshire, New Jersey, New Mexico, New York, North Carolina, North
    Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South
    Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia,
    Washington, West Virginia, Wisconsin, and Wyoming, or with respect to
    the District of Columbia, the Commonwealth of the Northern Mariana
    Islands, the United States Virgin Islands, Guam, or Puerto Rico, to
    prevent any of them from implementing their own laws that authorize the
    use, distribution, possession, or cultivation of medical marijuana.

        Sec. 532. <<NOTE: Time period. Reports. China.>> The Department of
    Commerce, the National Aeronautics and Space Administration, and the
    National Science Foundation shall provide a quarterly report to the
    Committees on Appropriations of the House of Representatives and the
    Senate on any official travel to China by any employee of such
    Department or agency, including the purpose of such travel.

        Sec. 533.  Of the amounts made available by this Act, not less than
    10 percent of each total amount provided, respectively, for Public Works
    grants authorized by the Public Works and Economic Development Act of
    1965 and grants authorized by section 27 of the Stevenson-Wydler
    Technology Innovation Act of 1980 (15 U.S.C. 3722) shall be allocated
    for assistance in persistent poverty counties:
    Provided, <<NOTE: Definition.>> That for purposes of this section, the
    term ``persistent poverty counties'' means any county that has had 20
    percent or more of its population living in poverty over the past 30
    years, as measured by the 1993 Small Area Income and Poverty Estimates,
    the 2000 decennial census, and the most recent Small Area Income and
    Poverty Estimates, or any Territory or possession of the United States.

        Sec. 534. (a) <<NOTE: Reports.>> Not later than 180 days after the
    date of enactment of this Act, the Director of the Federal Bureau of
    Investigation shall work with the Administrator of the General Services
    Administration to transmit to the Committees on Appropriations of the
    House of Representatives and the Senate, the Committee on Transportation
    and Infrastructure of the House of Representatives, and the Committee on
    Environment and Public Works of the Senate, a report on the construction
    of a new headquarters for the Federal Bureau of Investigation in the
    National Capital Region.

        (b) <<NOTE: Summary. Costs.>> The report transmitted under
    subsection (a) shall be consistent with the requirements of section
    3307(b) of title 40, United States Code, and include a summary of the
    material provisions of the construction and full consolidation of the
    Federal Bureau of Investigation in a new headquarters facility,
    including all the costs associated with site acquisition, design,
    management, and inspection, and a description of all buildings and
    infrastructure needed to complete the project.

        Sec. 535. <<NOTE: Exports and imports. Canada. Firearms.>> (a)
    Notwithstanding any other provision of law or treaty, none of the funds
    appropriated or otherwise made available under this Act or any other Act
    may be expended or obligated by a department, agency, or instrumentality
    of the United States to pay administrative expenses or to compensate an
    officer or employee of the United States in connection with requiring an
    export license for the export to Canada of components, parts,
    accessories or attachments for firearms listed in Category I, section
    121.1 of title 22, Code of Federal Regulations (International
    Trafficking in Arms Regulations (ITAR), part 121, as it existed on

    [[Page 136 STAT. 152]]

    April 1, 2005) with a total value not exceeding $500 wholesale in any
    transaction, provided that the conditions of subsection (b) of this
    section are met by the exporting party for such articles.

        (b) The foregoing exemption from obtaining an export license--
                (1) does not exempt an exporter from filing any Shipper's
            Export Declaration or notification letter required by law, or
            from being otherwise eligible under the laws of the United
            States to possess, ship, transport, or export the articles
            enumerated in subsection (a); and
                (2) does not permit the export without a license of--
                        (A) fully automatic firearms and components and
                    parts for such firearms, other than for end use by the
                    Federal Government, or a Provincial or Municipal
                    Government of Canada;
                        (B) barrels, cylinders, receivers (frames) or
                    complete breech mechanisms for any firearm listed in
                    Category I, other than for end use by the Federal
                    Government, or a Provincial or Municipal Government of
                    Canada; or
                        (C) articles for export from Canada to another
                    foreign destination.

        (c) In accordance with this section, the District Directors of
    Customs and postmasters shall permit the permanent or temporary export
    without a license of any unclassified articles specified in subsection
    (a) to Canada for end use in Canada or return to the United States, or
    temporary import of Canadian-origin items from Canada for end use in the
    United States or return to Canada for a Canadian citizen.
        (d) <<NOTE: President. Determination. Federal Register,
    publication.>>  The President may require export licenses under this
    section on a temporary basis if the President determines, upon
    publication first in the Federal Register, that the Government of Canada
    has implemented or maintained inadequate import controls for the
    articles specified in subsection (a), such that a significant diversion
    of such articles has and continues to take place for use in
    international terrorism or in the escalation of a conflict in another
    nation. <<NOTE: Termination.>> The President shall terminate the
    requirements of a license when reasons for the temporary requirements
    have ceased.

        Sec. 536. <<NOTE: Firearms. Ammunition.>> Notwithstanding any other
    provision of law, no department, agency, or instrumentality of the
    United States receiving appropriated funds under this Act or any other
    Act shall obligate or expend in any way such funds to pay administrative
    expenses or the compensation of any officer or employee of the United
    States to deny any application submitted pursuant to 22 U.S.C.
    2778(b)(1)(B) and qualified pursuant to 27 CFR section 478.112 or .113,
    for a permit to import United States origin ``curios or relics''
    firearms, parts, or ammunition.

        Sec. 537. <<NOTE: Exports and imports. Firearms.>> None of the funds
    made available by this Act may be used to pay the salaries or expenses
    of personnel to deny, or fail to act on, an application for the
    importation of any model of shotgun if--
                (1) all other requirements of law with respect to the
            proposed importation are met; and
                (2) no application for the importation of such model of
            shotgun, in the same configuration, had been denied by the
            Attorney General prior to January 1, 2011, on the basis that the
            shotgun was not particularly suitable for or readily adaptable
            to sporting purposes.

    [[Page 136 STAT. 153]]

        Sec. 538.  None of the funds made available by this Act may be
    obligated or expended to implement the Arms Trade Treaty until the
    Senate approves a resolution of ratification for the Treaty.
        Sec. 539. <<NOTE: Khalid Sheikh Mohammed. Detainees. Cuba.>> None of
    the funds appropriated or otherwise made available in this or any other
    Act may be used to transfer, release, or assist in the transfer or
    release to or within the United States, its territories, or possessions
    Khalid Sheikh Mohammed or any other detainee who--
                (1) is not a United States citizen or a member of the Armed
            Forces of the United States; and
                (2) is or was held on or after June 24, 2009, at the United
            States Naval Station, Guantanamo Bay, Cuba, by the Department of
            Defense.

        Sec. 540. <<NOTE: Detainees. Cuba.>> (a) None of the funds
    appropriated or otherwise made available in this or any other Act may be
    used to construct, acquire, or modify any facility in the United States,
    its territories, or possessions to house any individual described in
    subsection (c) for the purposes of detention or imprisonment in the
    custody or under the effective control of the Department of Defense.

        (b) The prohibition in subsection (a) shall not apply to any
    modification of facilities at United States Naval Station, Guantanamo
    Bay, Cuba.
        (c) An individual described in this subsection is any individual
    who, as of June 24, 2009, is located at United States Naval Station,
    Guantanamo Bay, Cuba, and who--
                (1) is not a citizen of the United States or a member of the
            Armed Forces of the United States; and
                (2) is--
                        (A) in the custody or under the effective control of
                    the Department of Defense; or
                        (B) otherwise under detention at United States Naval
                    Station, Guantanamo Bay, Cuba.

        Sec. 541.  The matter preceding the first proviso under the heading
    ``Department of Commerce--National Telecommunications and Information
    Administration--Broadband Connectivity Fund'' in title II of division J
    of Public Law 117-58 <<NOTE: 135 Stat. 1353.>> is amended by striking
    ``for grants for the Tribal Broadband Connectivity Program, as
    authorized under section 905(c) of division N of the Consolidated
    Appropriations Act, 2021 (Public Law 116-260), as amended by section
    60201 of division F this Act'' and inserting ``for purposes of the
    Tribal Broadband Connectivity Program, as authorized under section
    905(c) of division N of the Consolidated Appropriations Act, 2021
    (Public Law 116-260), as amended by section 60201 of division F of this
    Act, of which up to two percent shall be for administrative costs'':
    Provided, That amounts repurposed pursuant to this section that were
    previously designated by the Congress as an emergency requirement
    pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the
    concurrent resolution on the budget for fiscal year 2018, and to section
    251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985
    are designated by the Congress as an emergency requirement pursuant to
    section 4001(a)(1) and section 4001(b) of S. Con. Res. 14 (117th
    Congress), the concurrent resolution on the budget for fiscal year 2022.

        Sec. 542.  The matter preceding the first proviso under the heading
    ``Department of Commerce--National Telecommunications and Information
    Administration--Middle Mile Deployment'' in title

    [[Page 136 STAT. 154]]

    II of division J of Public Law 117-58 <<NOTE: 135 Stat. 1355.>> is
    amended by striking ``to remain available September'' and inserting ``to
    remain available until September'':  Provided, That amounts repurposed
    pursuant to this section that were previously designated by the Congress
    as an emergency requirement pursuant to section 4112(a) of H. Con. Res.
    71 (115th Congress), the concurrent resolution on the budget for fiscal
    year 2018, and to section 251(b) of the Balanced Budget and Emergency
    Deficit Control Act of 1985 are designated by the Congress as an
    emergency requirement pursuant to section 4001(a)(1) and section 4001(b)
    of S. Con. Res. 14 (117th Congress), the concurrent resolution on the
    budget for fiscal year 2022.

        Sec. 543.  Paragraph (14) under the heading ``Department of
    Commerce--National Oceanic and Atmospheric Administration--Operations,
    Research, and Facilities'' in title II of division J of Public Law 117-
    58 <<NOTE: 135 Stat. 1356.>> is amended by striking ``an institution of
    higher education, non-profit, commercial (for profit) organizations,
    U.S. territories, and state or local governments'' and inserting
    ``institutions of higher education, non-profit or commercial (for
    profit) organizations, U.S. territories, or state or local
    governments'':  Provided, That amounts repurposed pursuant to this
    section that were previously designated by the Congress as an emergency
    requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th
    Congress), the concurrent resolution on the budget for fiscal year 2018,
    and to section 251(b) of the Balanced Budget and Emergency Deficit
    Control Act of 1985 are designated by the Congress as an emergency
    requirement pursuant to section 4001(a)(1) and section 4001(b) of S.
    Con. Res. 14 (117th Congress), the concurrent resolution on the budget
    for fiscal year 2022.

        Sec. 544.  Funds made available to the Department of Commerce and
    under the heading ``Department of Justice--Federal Bureau of
    Investigation--Salaries and Expenses'' in this Act and any remaining
    unobligated balances of funds made available to the Department of
    Commerce and under the heading ``Department of Justice--Federal Bureau
    of Investigation--Salaries and Expenses'' in prior year Acts, other than
    amounts designated by the Congress as being for an emergency requirement
    pursuant to a concurrent resolution on the budget or the Balanced Budget
    and Emergency Deficit Control Act of 1985, shall be available to provide
    payments pursuant to section 901(i)(2) of title IX of division J of the
    Further Consolidated Appropriations Act, 2020 (22 U.S.C. 2680b(i)(2)):
    Provided, That payments made pursuant to the matter preceding this
    proviso may not exceed $2,000,000 for the Department of Commerce and
    $5,000,000 for the Federal Bureau of Investigation.
        This division may be cited as the ``Commerce, Justice, Science, and
    Related Agencies Appropriations Act, 2022''.

         DIVISION C-- <<NOTE: Department of Defense Appropriations Act,
    2022.>> DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2022

                                     TITLE I

                               MILITARY PERSONNEL

                            Military Personnel, Army

        For pay, allowances, individual clothing, subsistence, interest on
    deposits, gratuities, permanent change of station travel

    [[Page 136 STAT. 155]]

    (including all expenses thereof for organizational movements), and
    expenses of temporary duty travel between permanent duty stations, for
    members of the Army on active duty (except members of reserve components
    provided for elsewhere), cadets, and aviation cadets; for members of the
    Reserve Officers' Training Corps; and for payments pursuant to section
    156 of Public Law 97-377, as amended (42 U.S.C. 402 note), and to the
    Department of Defense Military Retirement Fund, $47,814,079,000.

                            Military Personnel, Navy

        For pay, allowances, individual clothing, subsistence, interest on
    deposits, gratuities, permanent change of station travel (including all
    expenses thereof for organizational movements), and expenses of
    temporary duty travel between permanent duty stations, for members of
    the Navy on active duty (except members of the Reserve provided for
    elsewhere), midshipmen, and aviation cadets; for members of the Reserve
    Officers' Training Corps; and for payments pursuant to section 156 of
    Public Law 97-377, as amended (42 U.S.C. 402 note), and to the
    Department of Defense Military Retirement Fund, $35,504,251,000.

                        Military Personnel, Marine Corps

        For pay, allowances, individual clothing, subsistence, interest on
    deposits, gratuities, permanent change of station travel (including all
    expenses thereof for organizational movements), and expenses of
    temporary duty travel between permanent duty stations, for members of
    the Marine Corps on active duty (except members of the Reserve provided
    for elsewhere); and for payments pursuant to section 156 of Public Law
    97-377, as amended (42 U.S.C. 402 note), and to the Department of
    Defense Military Retirement Fund, $14,572,400,000.

                          Military Personnel, Air Force

        For pay, allowances, individual clothing, subsistence, interest on
    deposits, gratuities, permanent change of station travel (including all
    expenses thereof for organizational movements), and expenses of
    temporary duty travel between permanent duty stations, for members of
    the Air Force on active duty (except members of reserve components
    provided for elsewhere), cadets, and aviation cadets; for members of the
    Reserve Officers' Training Corps; and for payments pursuant to section
    156 of Public Law 97-377, as amended (42 U.S.C. 402 note), and to the
    Department of Defense Military Retirement Fund, $35,078,206,000.

                             Reserve Personnel, Army

        For pay, allowances, clothing, subsistence, gratuities, travel, and
    related expenses for personnel of the Army Reserve on active duty under
    sections 10211, 10302, and 7038 of title 10, United States Code, or
    while serving on active duty under section 12301(d) of title 10, United
    States Code, in connection with performing duty specified in section
    12310(a) of title 10, United States Code, or while undergoing reserve
    training, or while performing drills or equivalent duty or other duty,
    and expenses authorized by section

    [[Page 136 STAT. 156]]

    16131 of title 10, United States Code; and for payments to the
    Department of Defense Military Retirement Fund, $5,156,976,000.

                             Reserve Personnel, Navy

        For pay, allowances, clothing, subsistence, gratuities, travel, and
    related expenses for personnel of the Navy Reserve on active duty under
    section 10211 of title 10, United States Code, or while serving on
    active duty under section 12301(d) of title 10, United States Code, in
    connection with performing duty specified in section 12310(a) of title
    10, United States Code, or while undergoing reserve training, or while
    performing drills or equivalent duty, and expenses authorized by section
    16131 of title 10, United States Code; and for payments to the
    Department of Defense Military Retirement Fund, $2,297,029,000.

                         Reserve Personnel, Marine Corps

        For pay, allowances, clothing, subsistence, gratuities, travel, and
    related expenses for personnel of the Marine Corps Reserve on active
    duty under section 10211 of title 10, United States Code, or while
    serving on active duty under section 12301(d) of title 10, United States
    Code, in connection with performing duty specified in section 12310(a)
    of title 10, United States Code, or while undergoing reserve training,
    or while performing drills or equivalent duty, and for members of the
    Marine Corps platoon leaders class, and expenses authorized by section
    16131 of title 10, United States Code; and for payments to the
    Department of Defense Military Retirement Fund, $802,619,000.

                          Reserve Personnel, Air Force

        For pay, allowances, clothing, subsistence, gratuities, travel, and
    related expenses for personnel of the Air Force Reserve on active duty
    under sections 10211, 10305, and 8038 of title 10, United States Code,
    or while serving on active duty under section 12301(d) of title 10,
    United States Code, in connection with performing duty specified in
    section 12310(a) of title 10, United States Code, or while undergoing
    reserve training, or while performing drills or equivalent duty or other
    duty, and expenses authorized by section 16131 of title 10, United
    States Code; and for payments to the Department of Defense Military
    Retirement Fund, $2,371,001,000.

                         National Guard Personnel, Army

        For pay, allowances, clothing, subsistence, gratuities, travel, and
    related expenses for personnel of the Army National Guard while on duty
    under sections 10211, 10302, or 12402 of title 10 or section 708 of
    title 32, United States Code, or while serving on duty under section
    12301(d) of title 10 or section 502(f) of title 32, United States Code,
    in connection with performing duty specified in section 12310(a) of
    title 10, United States Code, or while undergoing training, or while
    performing drills or equivalent duty or other duty, and expenses
    authorized by section 16131 of title 10, United States Code; and for
    payments to the Department of Defense Military Retirement Fund,
    $9,017,728,000.

    [[Page 136 STAT. 157]]

                       National Guard Personnel, Air Force

        For pay, allowances, clothing, subsistence, gratuities, travel, and
    related expenses for personnel of the Air National Guard on duty under
    sections 10211, 10305, or 12402 of title 10 or section 708 of title 32,
    United States Code, or while serving on duty under section 12301(d) of
    title 10 or section 502(f) of title 32, United States Code, in
    connection with performing duty specified in section 12310(a) of title
    10, United States Code, or while undergoing training, or while
    performing drills or equivalent duty or other duty, and expenses
    authorized by section 16131 of title 10, United States Code; and for
    payments to the Department of Defense Military Retirement Fund,
    $4,764,443,000.

                                    TITLE II

                            OPERATION AND MAINTENANCE

                         Operation and Maintenance, Army

        For expenses, not otherwise provided for, necessary for the
    operation and maintenance of the Army, as authorized by law,
    $55,016,103,000:  Provided, That not to exceed $12,478,000 may be used
    for emergencies and extraordinary expenses, to be expended upon the
    approval or authority of the Secretary of the Army, and payments may be
    made upon his certificate of necessity for confidential military
    purposes.

                         Operation and Maintenance, Navy

        For expenses, not otherwise provided for, necessary for the
    operation and maintenance of the Navy and the Marine Corps, as
    authorized by law, $62,480,035,000:  Provided, That not to exceed
    $15,055,000 may be used for emergencies and extraordinary expenses, to
    be expended upon the approval or authority of the Secretary of the Navy,
    and payments may be made upon his certificate of necessity for
    confidential military purposes.

                     Operation and Maintenance, Marine Corps

        For expenses, not otherwise provided for, necessary for the
    operation and maintenance of the Marine Corps, as authorized by law,
    $9,185,430,000.

                      Operation and Maintenance, Air Force

        For expenses, not otherwise provided for, necessary for the
    operation and maintenance of the Air Force, as authorized by law,
    $55,103,948,000:  Provided, That not to exceed $7,699,000 may be used
    for emergencies and extraordinary expenses, to be expended upon the
    approval or authority of the Secretary of the Air Force, and payments
    may be made upon his certificate of necessity for confidential military
    purposes.

                     Operation and Maintenance, Space Force

        For expenses, not otherwise provided for, necessary for the
    operation and maintenance of the Space Force, as authorized by law,
    $3,435,212,000.

    [[Page 136 STAT. 158]]

                     Operation and Maintenance, Defense-Wide

                          (including transfer of funds)

        For expenses, not otherwise provided for, necessary for the
    operation and maintenance of activities and agencies of the Department
    of Defense (other than the military departments), as authorized by law,
    $45,864,202,000:  Provided, That not more than $3,000,000 may be used
    for the Combatant Commander Initiative Fund authorized under section
    166a of title 10, United States Code:  Provided further, That not to
    exceed $36,000,000 may be used for emergencies and extraordinary
    expenses, to be expended upon the approval or authority of the Secretary
    of Defense, and payments may be made upon his certificate of necessity
    for confidential military purposes:  Provided further, That of the funds
    provided under this heading, not less than $50,000,000 shall be made
    available for the Procurement Technical Assistance Cooperative Agreement
    Program, of which not less than $4,500,000 shall be available for
    centers defined in 10 U.S.C. 2411(1)(D):  Provided further, That none of
    the funds appropriated or otherwise made available by this Act may be
    used to plan or implement the consolidation of a budget or
    appropriations liaison office of the Office of the Secretary of Defense,
    the office of the Secretary of a military department, or the service
    headquarters of one of the Armed Forces into a legislative affairs or
    legislative liaison office:  Provided further, That $72,000,000, to
    remain available until expended, is available only for expenses relating
    to certain classified activities, and may be transferred as necessary by
    the Secretary of Defense to operation and maintenance appropriations or
    research, development, test and evaluation appropriations, to be merged
    with and to be available for the same time period as the appropriations
    to which transferred:  Provided further, That any ceiling on the
    investment item unit cost of items that may be purchased with operation
    and maintenance funds shall not apply to the funds described in the
    preceding proviso:  Provided further, That of the funds provided under
    this heading, $2,261,570,000, of which $1,299,386,000, to remain
    available until September 30, 2023, shall be available to provide
    support and assistance to foreign security forces or other groups or
    individuals to conduct, support or facilitate counterterrorism, crisis
    response, or other Department of Defense security cooperation programs:
    Provided further, <<NOTE: Time period. Reports.>> That the Secretary of
    Defense shall provide quarterly reports to the Committees on
    Appropriations of the House of Representatives and the Senate on the use
    and status of funds made available in this paragraph:  Provided further,
    That the transfer authority provided under this heading is in addition
    to any other transfer authority provided elsewhere in this Act.

                        Counter-ISIS Train and Equip Fund

        For the ``Counter-Islamic State of Iraq and Syria Train and Equip
    Fund'', $500,000,000, to remain available until September 30, 2023:
    Provided, <<NOTE: Coordination.>> That such funds shall be available to
    the Secretary of Defense in coordination with the Secretary of State, to
    provide assistance, including training; equipment; logistics support,
    supplies, and services; stipends; infrastructure repair and renovation;
    construction for facility fortification and humane treatment; and
    sustainment, to foreign security forces, irregular forces, groups, or
    individuals participating, or preparing to participate in activities

    [[Page 136 STAT. 159]]

    to counter the Islamic State of Iraq and Syria, and their affiliated or
    associated groups:  Provided further, <<NOTE: Security
    mission. Coordination. Notification.>> That amounts made available under
    this heading shall be available to provide assistance only for
    activities in a country designated by the Secretary of Defense, in
    coordination with the Secretary of State, as having a security mission
    to counter the Islamic State of Iraq and Syria, and following written
    notification to the congressional defense committees of such
    designation:  Provided further, <<NOTE: Assessment. Iran.>> That the
    Secretary of Defense shall ensure that prior to providing assistance to
    elements of any forces or individuals, such elements or individuals are
    appropriately vetted, including at a minimum, assessing such elements
    for associations with terrorist groups or groups associated with the
    Government of Iran; and receiving commitments from such elements to
    promote respect for human rights and the rule of law:  Provided
    further, <<NOTE: Time period. Notification.>> That the Secretary of
    Defense shall, not fewer than 15 days prior to obligating from this
    appropriation account, notify the congressional defense committees in
    writing of the details of any such obligation:  Provided
    further, <<NOTE: Iraq.>> That the Secretary of Defense may accept and
    retain contributions, including assistance in-kind, from foreign
    governments, including the Government of Iraq and other entities, to
    carry out assistance authorized under this heading:  Provided further,
    That contributions of funds for the purposes provided herein from any
    foreign government or other entity may be credited to this Fund, to
    remain available until expended, and used for such purposes:  Provided
    further, That the Secretary of Defense shall prioritize such
    contributions when providing any assistance for construction for
    facility fortification:  Provided further, <<NOTE: Waiver
    authority. Determination. Notice.>> That the Secretary of Defense may
    waive a provision of law relating to the acquisition of items and
    support services or sections 40 and 40A of the Arms Export Control Act
    (22 U.S.C. 2780 and 2785) if the Secretary determines that such
    provision of law would prohibit, restrict, delay or otherwise limit the
    provision of such assistance and a notice of and justification for such
    waiver is submitted to the congressional defense committees, the
    Committees on Appropriations and Foreign Relations of the Senate and the
    Committees on Appropriations and Foreign Affairs of the House of
    Representatives:  Provided further, <<NOTE: Notification.>> That the
    United States may accept equipment procured using funds provided under
    this heading, or under the heading, ``Iraq Train and Equip Fund'' in
    prior Acts, that was transferred to security forces, irregular forces,
    or groups participating, or preparing to participate in activities to
    counter the Islamic State of Iraq and Syria and returned by such forces
    or groups to the United States, and such equipment may be treated as
    stocks of the Department of Defense upon written notification to the
    congressional defense committees:  Provided
    further, <<NOTE: Determination.>> That equipment procured using funds
    provided under this heading, or under the heading, ``Iraq Train and
    Equip Fund'' in prior Acts, and not yet transferred to security forces,
    irregular forces, or groups participating, or preparing to participate
    in activities to counter the Islamic State of Iraq and Syria may be
    treated as stocks of the Department of Defense when determined by the
    Secretary to no longer be required for transfer to such forces or groups
    and upon written notification to the congressional defense committees:
    Provided further, That the <<NOTE: Time period. Reports.>> Secretary of
    Defense shall provide quarterly reports to the congressional defense
    committees on the use of funds provided under this heading, including,
    but not limited to, the number of individuals trained, the nature and
    scope of

    [[Page 136 STAT. 160]]

    support and sustainment provided to each group or individual, the area
    of operations for each group, and the contributions of other countries,
    groups, or individuals.

                     Operation and Maintenance, Army Reserve

        For expenses, not otherwise provided for, necessary for the
    operation and maintenance, including training, organization, and
    administration, of the Army Reserve; repair of facilities and equipment;
    hire of passenger motor vehicles; travel and transportation; care of the
    dead; recruiting; procurement of services, supplies, and equipment; and
    communications, $3,032,255,000.

                     Operation and Maintenance, Navy Reserve

        For expenses, not otherwise provided for, necessary for the
    operation and maintenance, including training, organization, and
    administration, of the Navy Reserve; repair of facilities and equipment;
    hire of passenger motor vehicles; travel and transportation; care of the
    dead; recruiting; procurement of services, supplies, and equipment; and
    communications, $1,173,598,000.

                 Operation and Maintenance, Marine Corps Reserve

        For expenses, not otherwise provided for, necessary for the
    operation and maintenance, including training, organization, and
    administration, of the Marine Corps Reserve; repair of facilities and
    equipment; hire of passenger motor vehicles; travel and transportation;
    care of the dead; recruiting; procurement of services, supplies, and
    equipment; and communications, $294,860,000.

                  Operation and Maintenance, Air Force Reserve

        For expenses, not otherwise provided for, necessary for the
    operation and maintenance, including training, organization, and
    administration, of the Air Force Reserve; repair of facilities and
    equipment; hire of passenger motor vehicles; travel and transportation;
    care of the dead; recruiting; procurement of services, supplies, and
    equipment; and communications, $3,417,706,000.

                 Operation and Maintenance, Army National Guard

        For expenses of training, organizing, and administering the Army
    National Guard, including medical and hospital treatment and related
    expenses in non-Federal hospitals; maintenance, operation, and repairs
    to structures and facilities; hire of passenger motor vehicles;
    personnel services in the National Guard Bureau; travel expenses (other
    than mileage), as authorized by law for Army personnel on active duty,
    for Army National Guard division, regimental, and battalion commanders
    while inspecting units in compliance with National Guard Bureau
    regulations when specifically authorized by the Chief, National Guard
    Bureau; supplying and equipping the Army National Guard as authorized by
    law; and expenses of repair, modification, maintenance, and issue of
    supplies and equipment (including aircraft), $7,714,473,000.

    [[Page 136 STAT. 161]]

                  Operation and Maintenance, Air National Guard

        For expenses of training, organizing, and administering the Air
    National Guard, including medical and hospital treatment and related
    expenses in non-Federal hospitals; maintenance, operation, and repairs
    to structures and facilities; transportation of things, hire of
    passenger motor vehicles; supplying and equipping the Air National
    Guard, as authorized by law; expenses for repair, modification,
    maintenance, and issue of supplies and equipment, including those
    furnished from stocks under the control of agencies of the Department of
    Defense; travel expenses (other than mileage) on the same basis as
    authorized by law for Air National Guard personnel on active Federal
    duty, for Air National Guard commanders while inspecting units in
    compliance with National Guard Bureau regulations when specifically
    authorized by the Chief, National Guard Bureau, $6,786,420,000.

               United States Court of Appeals for the Armed Forces

        For salaries and expenses necessary for the United States Court of
    Appeals for the Armed Forces, $15,589,000, of which not to exceed
    $15,000 may be used for official representation purposes.

                         Environmental Restoration, Army

                          (including transfer of funds)

        For <<NOTE: Determinations.>>  the Department of the Army,
    $299,008,000, to remain available until transferred:  Provided, That the
    Secretary of the Army shall, upon determining that such funds are
    required for environmental restoration, reduction and recycling of
    hazardous waste, removal of unsafe buildings and debris of the
    Department of the Army, or for similar purposes, transfer the funds made
    available by this appropriation to other appropriations made available
    to the Department of the Army, to be merged with and to be available for
    the same purposes and for the same time period as the appropriations to
    which transferred:  Provided further, That upon a determination that all
    or part of the funds transferred from this appropriation are not
    necessary for the purposes provided herein, such amounts may be
    transferred back to this appropriation:  Provided further, That the
    transfer authority provided under this heading is in addition to any
    other transfer authority provided elsewhere in this Act.

                         Environmental Restoration, Navy

                          (including transfer of funds)

        For <<NOTE: Determinations.>>  the Department of the Navy,
    $390,113,000, to remain available until transferred:  Provided, That the
    Secretary of the Navy shall, upon determining that such funds are
    required for environmental restoration, reduction and recycling of
    hazardous waste, removal of unsafe buildings and debris of the
    Department of the Navy, or for similar purposes, transfer the funds made
    available by this appropriation to other appropriations made available
    to the Department of the Navy, to be merged with and to be available

    [[Page 136 STAT. 162]]

    for the same purposes and for the same time period as the appropriations
    to which transferred:  Provided further, That upon a determination that
    all or part of the funds transferred from this appropriation are not
    necessary for the purposes provided herein, such amounts may be
    transferred back to this appropriation:  Provided further, That the
    transfer authority provided under this heading is in addition to any
    other transfer authority provided elsewhere in this Act.

                      Environmental Restoration, Air Force

                          (including transfer of funds)

        For <<NOTE: Determinations.>>  the Department of the Air Force,
    $522,010,000, to remain available until transferred:  Provided, That the
    Secretary of the Air Force shall, upon determining that such funds are
    required for environmental restoration, reduction and recycling of
    hazardous waste, removal of unsafe buildings and debris of the
    Department of the Air Force, or for similar purposes, transfer the funds
    made available by this appropriation to other appropriations made
    available to the Department of the Air Force, to be merged with and to
    be available for the same purposes and for the same time period as the
    appropriations to which transferred:  Provided further, That upon a
    determination that all or part of the funds transferred from this
    appropriation are not necessary for the purposes provided herein, such
    amounts may be transferred back to this appropriation:  Provided
    further, That the transfer authority provided under this heading is in
    addition to any other transfer authority provided elsewhere in this Act.

                     Environmental Restoration, Defense-Wide

                          (including transfer of funds)

        For <<NOTE: Determinations.>> the Department of Defense,
    $10,979,000, to remain available until transferred:  Provided, That the
    Secretary of Defense shall, upon determining that such funds are
    required for environmental restoration, reduction and recycling of
    hazardous waste, removal of unsafe buildings and debris of the
    Department of Defense, or for similar purposes, transfer the funds made
    available by this appropriation to other appropriations made available
    to the Department of Defense, to be merged with and to be available for
    the same purposes and for the same time period as the appropriations to
    which transferred:  Provided further, That upon a determination that all
    or part of the funds transferred from this appropriation are not
    necessary for the purposes provided herein, such amounts may be
    transferred back to this appropriation:  Provided further, That the
    transfer authority provided under this heading is in addition to any
    other transfer authority provided elsewhere in this Act.

             Environmental Restoration, Formerly Used Defense Sites

                          (including transfer of funds)

        For <<NOTE: Determinations.>> the Department of the Army,
    $292,580,000, to remain available until transferred:  Provided, That the
    Secretary of the Army shall, upon determining that such funds are
    required for

    [[Page 136 STAT. 163]]

    environmental restoration, reduction and recycling of hazardous waste,
    removal of unsafe buildings and debris at sites formerly used by the
    Department of Defense, transfer the funds made available by this
    appropriation to other appropriations made available to the Department
    of the Army, to be merged with and to be available for the same purposes
    and for the same time period as the appropriations to which transferred:
     Provided further, That upon a determination that all or part of the
    funds transferred from this appropriation are not necessary for the
    purposes provided herein, such amounts may be transferred back to this
    appropriation:  Provided further, That the transfer authority provided
    under this heading is in addition to any other transfer authority
    provided elsewhere in this Act.

                 Overseas Humanitarian, Disaster, and Civic Aid

        For expenses relating to the Overseas Humanitarian, Disaster, and
    Civic Aid programs of the Department of Defense (consisting of the
    programs provided under sections 401, 402, 404, 407, 2557, and 2561 of
    title 10, United States Code), $160,051,000, to remain available until
    September 30, 2023:  Provided, That such amounts shall not be subject to
    the limitation in section 407(c)(3) of title 10, United States Code.

                      Cooperative Threat Reduction Account

        For assistance, including assistance provided by contract or by
    grants, under programs and activities of the Department of Defense
    Cooperative Threat Reduction Program authorized under the Department of
    Defense Cooperative Threat Reduction Act, $344,849,000, to remain
    available until September 30, 2024.

         Department of Defense Acquisition Workforce Development Account

        For the Department of Defense Acquisition Workforce Development
    Account, $56,679,000, to remain available for obligation until September
    30, 2022:  Provided, That no other amounts may be otherwise credited or
    transferred to the Account, or deposited into the Account, in fiscal
    year 2022 pursuant to section 1705(d) of title 10, United States Code.

                                    TITLE III

                                   PROCUREMENT

                           Aircraft Procurement, Army

        For construction, procurement, production, modification, and
    modernization of aircraft, equipment, including ordnance, ground
    handling equipment, spare parts, and accessories therefor; specialized
    equipment and training devices; expansion of public and private plants,
    including the land necessary therefor, for the foregoing purposes, and
    such lands and interests therein, may be acquired, and construction
    prosecuted thereon prior to approval of title; and procurement and
    installation of equipment, appliances, and machine tools in public and
    private plants; reserve plant and Government and contractor-owned
    equipment layaway; and other

    [[Page 136 STAT. 164]]

    expenses necessary for the foregoing purposes, $3,295,431,000, to remain
    available for obligation until September 30, 2024.

                            Missile Procurement, Army

        For construction, procurement, production, modification, and
    modernization of missiles, equipment, including ordnance, ground
    handling equipment, spare parts, and accessories therefor; specialized
    equipment and training devices; expansion of public and private plants,
    including the land necessary therefor, for the foregoing purposes, and
    such lands and interests therein, may be acquired, and construction
    prosecuted thereon prior to approval of title; and procurement and
    installation of equipment, appliances, and machine tools in public and
    private plants; reserve plant and Government and contractor-owned
    equipment layaway; and other expenses necessary for the foregoing
    purposes, $3,460,064,000, to remain available for obligation until
    September 30, 2024.

            Procurement of Weapons and Tracked Combat Vehicles, Army

        For construction, procurement, production, and modification of
    weapons and tracked combat vehicles, equipment, including ordnance,
    spare parts, and accessories therefor; specialized equipment and
    training devices; expansion of public and private plants, including the
    land necessary therefor, for the foregoing purposes, and such lands and
    interests therein, may be acquired, and construction prosecuted thereon
    prior to approval of title; and procurement and installation of
    equipment, appliances, and machine tools in public and private plants;
    reserve plant and Government and contractor-owned equipment layaway; and
    other expenses necessary for the foregoing purposes, $4,319,082,000, to
    remain available for obligation until September 30, 2024.

                         Procurement of Ammunition, Army

        For construction, procurement, production, and modification of
    ammunition, and accessories therefor; specialized equipment and training
    devices; expansion of public and private plants, including ammunition
    facilities, authorized by section 2854 of title 10, United States Code,
    and the land necessary therefor, for the foregoing purposes, and such
    lands and interests therein, may be acquired, and construction
    prosecuted thereon prior to approval of title; and procurement and
    installation of equipment, appliances, and machine tools in public and
    private plants; reserve plant and Government and contractor-owned
    equipment layaway; and other expenses necessary for the foregoing
    purposes, $2,276,667,000, to remain available for obligation until
    September 30, 2024.

                             Other Procurement, Army

        For construction, procurement, production, and modification of
    vehicles, including tactical, support, and non-tracked combat vehicles;
    the purchase of passenger motor vehicles for replacement only;
    communications and electronic equipment; other support equipment; spare
    parts, ordnance, and accessories therefor; specialized equipment and
    training devices; expansion of public and private plants, including the
    land necessary therefor, for the foregoing

    [[Page 136 STAT. 165]]

    purposes, and such lands and interests therein, may be acquired, and
    construction prosecuted thereon prior to approval of title; and
    procurement and installation of equipment, appliances, and machine tools
    in public and private plants; reserve plant and Government and
    contractor-owned equipment layaway; and other expenses necessary for the
    foregoing purposes, $9,453,524,000, to remain available for obligation
    until September 30, 2024.

                           Aircraft Procurement, Navy

        For construction, procurement, production, modification, and
    modernization of aircraft, equipment, including ordnance, spare parts,
    and accessories therefor; specialized equipment; expansion of public and
    private plants, including the land necessary therefor, and such lands
    and interests therein, may be acquired, and construction prosecuted
    thereon prior to approval of title; and procurement and installation of
    equipment, appliances, and machine tools in public and private plants;
    reserve plant and Government and contractor-owned equipment layaway,
    $17,799,321,000, to remain available for obligation until September 30,
    2024.

                            Weapons Procurement, Navy

        For construction, procurement, production, modification, and
    modernization of missiles, torpedoes, other weapons, and related support
    equipment including spare parts, and accessories therefor; expansion of
    public and private plants, including the land necessary therefor, and
    such lands and interests therein, may be acquired, and construction
    prosecuted thereon prior to approval of title; and procurement and
    installation of equipment, appliances, and machine tools in public and
    private plants; reserve plant and Government and contractor-owned
    equipment layaway, $3,982,657,000, to remain available for obligation
    until September 30, 2024.

                Procurement of Ammunition, Navy and Marine Corps

        For construction, procurement, production, and modification of
    ammunition, and accessories therefor; specialized equipment and training
    devices; expansion of public and private plants, including ammunition
    facilities, authorized by section 2854 of title 10, United States Code,
    and the land necessary therefor, for the foregoing purposes, and such
    lands and interests therein, may be acquired, and construction
    prosecuted thereon prior to approval of title; and procurement and
    installation of equipment, appliances, and machine tools in public and
    private plants; reserve plant and Government and contractor-owned
    equipment layaway; and other expenses necessary for the foregoing
    purposes, $845,289,000, to remain available for obligation until
    September 30, 2024.

                        Shipbuilding and Conversion, Navy

        For expenses necessary for the construction, acquisition, or
    conversion of vessels as authorized by law, including armor and armament
    thereof, plant equipment, appliances, and machine tools and installation
    thereof in public and private plants; reserve plant and Government and
    contractor-owned equipment layaway;

    [[Page 136 STAT. 166]]

    procurement of critical, long lead time components and designs for
    vessels to be constructed or converted in the future; and expansion of
    public and private plants, including land necessary therefor, and such
    lands and interests therein, may be acquired, and construction
    prosecuted thereon prior to approval of title, as follows:
                Columbia Class Submarine, $3,003,000,000;
                Columbia Class Submarine (AP), $1,773,980,000;
                Carrier Replacement Program (CVN-80), $1,062,205,000;
                Carrier Replacement Program (CVN-81), $1,287,719,000;
                Virginia Class Submarine, $4,234,240,000;
                Virginia Class Submarine (AP), $2,105,407,000;
                CVN Refueling Overhauls, $2,424,218,000;
                CVN Refueling Overhauls (AP), $66,262,000;
                DDG-1000 Program, $56,597,000;
                DDG-51 Destroyer, $3,675,987,000;
                DDG-51 Destroyer (AP), $120,000,000;
                FFG-Frigate, $1,090,900,000;
                LPD Flight II, $60,636,000;
                LPD Flight II (AP), $250,000,000;
                Expeditionary Sea Base, $577,000,000;
                LHA Replacement, $68,637,000;
                Expeditionary Fast Transport, $590,000,000;
                TAO Fleet Oiler, $1,463,784,000;
                TAGOS SURTASS Ships, $434,384,000;
                Towing, Salvage, and Rescue Ship, $183,800,000;
                LCU 1700, $67,928,000;
                Ship to Shore Connector, $391,838,000;
                Service Craft, $67,866,000;
                LCAC SLEP, $32,712,000;
                Auxiliary Vessels, $299,900,000;
                For outfitting, post delivery, conversions, and first
            destination transportation, $614,731,000; and
                Completion of Prior Year Shipbuilding Programs,
            $660,795,000.

        In all: $26,664,526,000, to remain available for obligation until
    September 30, 2026:  Provided, That additional obligations may be
    incurred after September 30, 2026, for engineering services, tests,
    evaluations, and other such budgeted work that must be performed in the
    final stage of ship construction:  Provided further, That none of the
    funds provided under this heading for the construction or conversion of
    any naval vessel to be constructed in shipyards in the United States
    shall be expended in foreign facilities for the construction of major
    components of such vessel:  Provided further, That none of the funds
    provided under this heading shall be used for the construction of any
    naval vessel in foreign shipyards:  Provided further, That funds
    appropriated or otherwise made available by this Act for Columbia Class
    Submarine (AP) may be available for the purposes authorized by
    subsections (f), (g), (h) or (i) of section 2218a of title 10, United
    States Code, only in accordance with the provisions of the applicable
    subsection:  Provided further, That prior to entering into a contract
    for more than one amphibious ship, the Secretary of Defense shall
    provide to the congressional defense committees the future years defense
    program which displays the funding programmed for all shipbuilding
    programs currently or anticipated to be under a multiyear contract,
    block buy contract, or other contract involving economic order quantity.

    [[Page 136 STAT. 167]]

                             Other Procurement, Navy

        For procurement, production, and modernization of support equipment
    and materials not otherwise provided for, Navy ordnance (except ordnance
    for new aircraft, new ships, and ships authorized for conversion); the
    purchase of passenger motor vehicles for replacement only; expansion of
    public and private plants, including the land necessary therefor, and
    such lands and interests therein, may be acquired, and construction
    prosecuted thereon prior to approval of title; and procurement and
    installation of equipment, appliances, and machine tools in public and
    private plants; reserve plant and Government and contractor-owned
    equipment layaway, $11,072,651,000, to remain available for obligation
    until September 30, 2024:  Provided, That such funds are also available
    for the maintenance, repair, and modernization of ships under a pilot
    program established for such purposes.

                            Procurement, Marine Corps

        For expenses necessary for the procurement, manufacture, and
    modification of missiles, armament, military equipment, spare parts, and
    accessories therefor; plant equipment, appliances, and machine tools,
    and installation thereof in public and private plants; reserve plant and
    Government and contractor-owned equipment layaway; vehicles for the
    Marine Corps, including the purchase of passenger motor vehicles for
    replacement only; and expansion of public and private plants, including
    land necessary therefor, and such lands and interests therein, may be
    acquired, and construction prosecuted thereon prior to approval of
    title, $3,093,770,000, to remain available for obligation until
    September 30, 2024.

                         Aircraft Procurement, Air Force

        For construction, procurement, and modification of aircraft and
    equipment, including armor and armament, specialized ground handling
    equipment, and training devices, spare parts, and accessories therefor;
    specialized equipment; expansion of public and private plants,
    Government-owned equipment and installation thereof in such plants,
    erection of structures, and acquisition of land, for the foregoing
    purposes, and such lands and interests therein, may be acquired, and
    construction prosecuted thereon prior to approval of title; reserve
    plant and Government and contractor-owned equipment layaway; and other
    expenses necessary for the foregoing purposes including rents and
    transportation of things, $18,383,946,000, to remain available for
    obligation until September 30, 2024.

                         Missile Procurement, Air Force

        For construction, procurement, and modification of missiles,
    rockets, and related equipment, including spare parts and accessories
    therefor; ground handling equipment, and training devices; expansion of
    public and private plants, Government-owned equipment and installation
    thereof in such plants, erection of structures, and acquisition of land,
    for the foregoing purposes, and such lands and interests therein, may be
    acquired, and construction prosecuted thereon prior to approval of
    title; reserve plant and Government

    [[Page 136 STAT. 168]]

    and contractor-owned equipment layaway; and other expenses necessary for
    the foregoing purposes including rents and transportation of things,
    $2,475,206,000, to remain available for obligation until September 30,
    2024.

                      Procurement of Ammunition, Air Force

        For construction, procurement, production, and modification of
    ammunition, and accessories therefor; specialized equipment and training
    devices; expansion of public and private plants, including ammunition
    facilities, authorized by section 2854 of title 10, United States Code,
    and the land necessary therefor, for the foregoing purposes, and such
    lands and interests therein, may be acquired, and construction
    prosecuted thereon prior to approval of title; and procurement and
    installation of equipment, appliances, and machine tools in public and
    private plants; reserve plant and Government and contractor-owned
    equipment layaway; and other expenses necessary for the foregoing
    purposes, $665,977,000, to remain available for obligation until
    September 30, 2024.

                          Other Procurement, Air Force

        For procurement and modification of equipment (including ground
    guidance and electronic control equipment, and ground electronic and
    communication equipment), and supplies, materials, and spare parts
    therefor, not otherwise provided for; the purchase of passenger motor
    vehicles for replacement only; lease of passenger motor vehicles; and
    expansion of public and private plants, Government-owned equipment and
    installation thereof in such plants, erection of structures, and
    acquisition of land, for the foregoing purposes, and such lands and
    interests therein, may be acquired, and construction prosecuted thereon,
    prior to approval of title; reserve plant and Government and contractor-
    owned equipment layaway, $26,615,079,000, to remain available for
    obligation until September 30, 2024.

                            Procurement, Space Force

        For construction, procurement, and modification of spacecraft,
    rockets, and related equipment, including spare parts and accessories
    therefor; ground handling equipment, and training devices; expansion of
    public and private plants, Government-owned equipment and installation
    thereof in such plants, erection of structures, and acquisition of land,
    for the foregoing purposes, and such lands and interests therein, may be
    acquired, and construction prosecuted thereon prior to approval of
    title; reserve plant and Government and contractor-owned equipment
    layaway; and other expenses necessary for the foregoing purposes
    including rents and transportation of things, $3,023,408,000, to remain
    available for obligation until September 30, 2024.

                            Procurement, Defense-Wide

        For expenses of activities and agencies of the Department of Defense
    (other than the military departments) necessary for procurement,
    production, and modification of equipment, supplies, materials, and
    spare parts therefor, not otherwise provided for; the purchase of
    passenger motor vehicles for replacement only;

    [[Page 136 STAT. 169]]

    expansion of public and private plants, equipment, and installation
    thereof in such plants, erection of structures, and acquisition of land
    for the foregoing purposes, and such lands and interests therein, may be
    acquired, and construction prosecuted thereon prior to approval of
    title; reserve plant and Government and contractor-owned equipment
    layaway, $6,177,561,000, to remain available for obligation until
    September 30, 2024.

                        Defense Production Act Purchases

        For activities by the Department of Defense pursuant to sections
    108, 301, 302, and 303 of the Defense Production Act of 1950 (50 U.S.C.
    4518, 4531, 4532, and 4533), $388,327,000, to remain available until
    expended, which shall be obligated and expended by the Secretary of
    Defense as if delegated the necessary authorities conferred by the
    Defense Production Act of 1950.

                  National Guard and Reserve Equipment Account

        For procurement of rotary-wing aircraft; combat, tactical and
    support vehicles; other weapons; and other procurement items for the
    reserve components of the Armed Forces, $950,000,000, to remain
    available for obligation until September 30, 2024:  Provided, That the
    Chiefs of National Guard and Reserve components shall, not later than 30
    days after enactment of this Act, individually submit to the
    congressional defense committees the modernization priority assessment
    for their respective National Guard or Reserve component:  Provided
    further, That none of the funds made available by this paragraph may be
    used to procure manned fixed wing aircraft, or procure or modify
    missiles, munitions, or ammunition.

                                    TITLE IV

                   RESEARCH, DEVELOPMENT, TEST AND EVALUATION

                Research, Development, Test and Evaluation, Army

        For expenses necessary for basic and applied scientific research,
    development, test and evaluation, including maintenance, rehabilitation,
    lease, and operation of facilities and equipment, $14,539,417,000, to
    remain available for obligation until September 30, 2023.

                Research, Development, Test and Evaluation, Navy

        For expenses necessary for basic and applied scientific research,
    development, test and evaluation, including maintenance, rehabilitation,
    lease, and operation of facilities and equipment, $22,139,080,000, to
    remain available for obligation until September 30, 2023:  Provided,
    That funds appropriated in this paragraph which are available for the V-
    22 may be used to meet unique operational requirements of the Special
    Operations Forces.

              Research, Development, Test and Evaluation, Air Force

        For expenses necessary for basic and applied scientific research,
    development, test and evaluation, including maintenance, rehabilitation,
    lease, and operation of facilities and equipment,

    [[Page 136 STAT. 170]]

    $41,592,913,000, to remain available for obligation until September 30,
    2023.

             Research, Development, Test and Evaluation, Space Force

        For expenses necessary for basic and applied scientific research,
    development, test and evaluation, including maintenance, rehabilitation,
    lease, and operation of facilities and equipment, $11,597,405,000, to
    remain available until September 30, 2023.

            Research, Development, Test and Evaluation, Defense-Wide

        For expenses of activities and agencies of the Department of Defense
    (other than the military departments), necessary for basic and applied
    scientific research, development, test and evaluation; advanced research
    projects as may be designated and determined by the Secretary of
    Defense, pursuant to law; maintenance, rehabilitation, lease, and
    operation of facilities and equipment, $29,065,786,000, to remain
    available for obligation until September 30, 2023.

                    Operational Test and Evaluation, Defense

        For expenses, not otherwise provided for, necessary for the
    independent activities of the Director, Operational Test and Evaluation,
    in the direction and supervision of operational test and evaluation,
    including initial operational test and evaluation which is conducted
    prior to, and in support of, production decisions; joint operational
    testing and evaluation; and administrative expenses in connection
    therewith, $276,591,000, to remain available for obligation until
    September 30, 2023.

                                     TITLE V

                         REVOLVING AND MANAGEMENT FUNDS

                          Defense Working Capital Funds

        For the Defense Working Capital Funds, $2,017,000,000.

                                    TITLE VI

                      OTHER DEPARTMENT OF DEFENSE PROGRAMS

                             Defense Health Program

        For expenses, not otherwise provided for, for medical and health
    care programs of the Department of Defense as authorized by law,
    $37,350,182,000; of which $33,957,986,000 shall be for operation and
    maintenance, of which not to exceed one percent shall remain available
    for obligation until September 30, 2023, and of which up to
    $17,977,979,000 may be available for contracts entered into under the
    TRICARE program; of which $758,708,000, to remain available for
    obligation until September 30, 2024, shall be for procurement; and of
    which $2,633,488,000, to remain available for obligation until September
    30, 2023, shall be for research, development, test and evaluation:
    Provided, That, notwithstanding any other provision of law, of the
    amount made available under this

    [[Page 136 STAT. 171]]

    heading for research, development, test and evaluation, not less than
    $10,000,000 shall be available for HIV prevention educational activities
    undertaken in connection with United States military training,
    exercises, and humanitarian assistance activities conducted primarily in
    African nations:  Provided further, That of the funds provided under
    this heading for research, development, test and evaluation, not less
    than $1,536,000,000 shall be made available to the United States Army
    Medical Research and Development Command to carry out the
    congressionally directed medical research programs:  Provided
    further, <<NOTE: Reports.>>  That the Secretary of Defense shall submit
    to the congressional defense committees quarterly reports on the current
    status of the deployment of the electronic health record:  Provided
    further, <<NOTE: Notice. Deadline. Time period.>>  That the Secretary of
    Defense shall provide notice to the congressional defense committees not
    later than 10 business days after delaying the proposed timeline of such
    deployment if such delay is longer than 1 week:  Provided
    further, <<NOTE: Reviews.>>  That the Comptroller General of the United
    States shall perform quarterly performance reviews of such deployment.

               Chemical Agents and Munitions Destruction, Defense

        For expenses, not otherwise provided for, necessary for the
    destruction of the United States stockpile of lethal chemical agents and
    munitions in accordance with the provisions of section 1412 of the
    Department of Defense Authorization Act, 1986 (50 U.S.C. 1521), and for
    the destruction of other chemical warfare materials that are not in the
    chemical weapon stockpile, $1,094,352,000, of which $93,121,000 shall be
    for operation and maintenance, of which no less than $48,668,000 shall
    be for the Chemical Stockpile Emergency Preparedness Program, consisting
    of $22,134,000 for activities on military installations and $26,534,000,
    to remain available until September 30, 2023, to assist State and local
    governments; and $1,001,231,000, to remain available until September 30,
    2023, shall be for research, development, test and evaluation, of which
    $995,011,000 shall only be for the Assembled Chemical Weapons
    Alternatives program.

             Drug Interdiction and Counter-Drug Activities, Defense

                          (including transfer of funds)

        For drug interdiction and counter-drug activities of the Department
    of Defense, for transfer to appropriations available to the Department
    of Defense for military personnel of the reserve components serving
    under the provisions of title 10 and title 32, United States Code; for
    operation and maintenance; for procurement; and for research,
    development, test and evaluation, $925,649,000, of which $579,750,000
    shall be for counter-narcotics support; $126,024,000 shall be for the
    drug demand reduction program; $194,211,000 shall be for the National
    Guard counter-drug program; and $25,664,000 shall be for the National
    Guard counter-drug schools program:  Provided, That the funds
    appropriated under this heading shall be available for obligation for
    the same time period and for the same purpose as the appropriation to
    which transferred:  Provided further, <<NOTE: Determination.>>  That
    upon a determination that all or part of the funds transferred from this
    appropriation are not necessary for the purposes provided herein, such
    amounts may be transferred back to this appropriation:  Provided
    further, That the transfer

    [[Page 136 STAT. 172]]

    authority provided under this heading is in addition to any other
    transfer authority contained elsewhere in this Act.

                         Office of the Inspector General

        For expenses and activities of the Office of the Inspector General
    in carrying out the provisions of the Inspector General Act of 1978, as
    amended, $438,363,000, of which $435,918,000 shall be for operation and
    maintenance, of which not to exceed $700,000 is available for
    emergencies and extraordinary expenses to be expended upon the approval
    or authority of the Inspector General, and payments may be made upon the
    Inspector General's certificate of necessity for confidential military
    purposes; of which $80,000, to remain available for obligation until
    September 30, 2024, shall be for procurement; and of which $2,365,000,
    to remain available until September 30, 2023, shall be for research,
    development, test and evaluation.

                                    TITLE VII

                                RELATED AGENCIES

        Central Intelligence Agency Retirement and Disability System Fund

        For payment to the Central Intelligence Agency Retirement and
    Disability System Fund, to maintain the proper funding level for
    continuing the operation of the Central Intelligence Agency Retirement
    and Disability System, $514,000,000.

                    Intelligence Community Management Account

        For necessary expenses of the Intelligence Community Management
    Account, $587,100,000.

                                   TITLE VIII

                               GENERAL PROVISIONS

        Sec. 8001.  <<NOTE: Propaganda.>>  No part of any appropriation
    contained in this Act shall be used for publicity or propaganda purposes
    not authorized by the Congress.

        Sec. 8002.  <<NOTE: 10 USC 1584 note.>>  During the current fiscal
    year, provisions of law prohibiting the payment of compensation to, or
    employment of, any person not a citizen of the United States shall not
    apply to personnel of the Department of Defense:  Provided, That salary
    increases granted to direct and indirect hire foreign national employees
    of the Department of Defense funded by this Act shall not be at a rate
    in excess of the percentage increase authorized by law for civilian
    employees of the Department of Defense whose pay is computed under the
    provisions of section 5332 of title 5, United States Code, or at a rate
    in excess of the percentage increase provided by the appropriate host
    nation to its own employees, whichever is higher:  Provided further,
    That this section shall not apply to Department of Defense foreign
    service national employees serving at United States diplomatic missions
    whose pay is set by the Department of State under the Foreign Service
    Act of 1980:  Provided further, <<NOTE: Turkey.>>  That the limitations
    of this provision shall not

    [[Page 136 STAT. 173]]

    apply to foreign national employees of the Department of Defense in the
    Republic of Turkey.

        Sec. 8003.  No part of any appropriation contained in this Act shall
    remain available for obligation beyond the current fiscal year, unless
    expressly so provided herein.
        Sec. 8004.  <<NOTE: Time period.>>  No more than 20 percent of the
    appropriations in this Act which are limited for obligation during the
    current fiscal year shall be obligated during the last 2 months of the
    fiscal year:  Provided, That this section shall not apply to obligations
    for support of active duty training of reserve components or summer camp
    training of the Reserve Officers' Training Corps.

                               (transfer of funds)

        Sec. 8005.  <<NOTE: Determination.>>  Upon determination by the
    Secretary of Defense that such action is necessary in the national
    interest, the Secretary may, with the approval of the Office of
    Management and Budget, transfer not to exceed $6,000,000,000 of working
    capital funds of the Department of Defense or funds made available in
    this Act to the Department of Defense for military functions (except
    military construction) between such appropriations or funds or any
    subdivision thereof, to be merged with and to be available for the same
    purposes, and for the same time period, as the appropriation or fund to
    which transferred:  Provided, That such authority to transfer may not be
    used unless for higher priority items, based on unforeseen military
    requirements, than those for which originally appropriated and in no
    case where the item for which funds are requested has been denied by the
    Congress:  Provided further, <<NOTE: Notification.>>  That the Secretary
    of Defense shall notify the Congress promptly of all transfers made
    pursuant to this authority or any other authority in this Act:  Provided
    further, <<NOTE: Reprogramming requests.>>  That no part of the funds in
    this Act shall be available to prepare or present a request to the
    Committees on Appropriations of the House of Representatives and the
    Senate for reprogramming of funds, unless for higher priority items,
    based on unforeseen military requirements, than those for which
    originally appropriated and in no case where the item for which
    reprogramming is requested has been denied by the Congress:  Provided
    further, <<NOTE: Reprogramming requests. Deadline.>> That a request for
    multiple reprogrammings of funds using authority provided in this
    section shall be made prior to June 30, 2022:  Provided further, That
    transfers among military personnel appropriations shall not be taken
    into account for purposes of the limitation on the amount of funds that
    may be transferred under this section.

        Sec. 8006. (a) With regard to the list of specific programs,
    projects, and activities (and the dollar amounts and adjustments to
    budget activities corresponding to such programs, projects, and
    activities) contained in the tables titled Explanation of Project Level
    Adjustments in the explanatory statement regarding this Act and the
    tables contained in the classified annex accompanying this Act, the
    obligation and expenditure of amounts appropriated or otherwise made
    available in this Act for those programs, projects, and activities for
    which the amounts appropriated exceed the amounts requested are hereby
    required by law to be carried out in the manner provided by such tables
    to the same extent as if the tables were included in the text of this
    Act.
        (b) Amounts specified in the referenced tables described in
    subsection (a) shall not be treated as subdivisions of appropriations

    [[Page 136 STAT. 174]]

    for purposes of section 8005 of this Act:
    Provided, <<NOTE: Applicability.>>  That section 8005 shall apply when
    transfers of the amounts described in subsection (a) occur between
    appropriation accounts.

        Sec. 8007. (a) <<NOTE: Reports.>>  Not later than 60 days after the
    date of the enactment of this Act, the Department of Defense shall
    submit a report to the congressional defense committees to establish the
    baseline for application of reprogramming and transfer authorities for
    fiscal year 2022:  Provided, That the report shall include--
                (1) a table for each appropriation with a separate column to
            display the President's budget request, adjustments made by
            Congress, adjustments due to enacted rescissions, if
            appropriate, and the fiscal year enacted level;
                (2) a delineation in the table for each appropriation both
            by budget activity and program, project, and activity as
            detailed in the Budget Appendix; and
                (3) an identification of items of special congressional
            interest.

        (b) <<NOTE: Certification.>>  Notwithstanding section 8005 of this
    Act, none of the funds provided in this Act shall be available for
    reprogramming or transfer until the report identified in subsection (a)
    is submitted to the congressional defense committees, unless the
    Secretary of Defense certifies in writing to the congressional defense
    committees that such reprogramming or transfer is necessary as an
    emergency requirement:  Provided, That this subsection shall not apply
    to transfers from the following appropriations accounts:
                (1) ``Environmental Restoration, Army'';
                (2) ``Environmental Restoration, Navy'';
                (3) ``Environmental Restoration, Air Force'';
                (4) ``Environmental Restoration, Defense-Wide'';
                (5) ``Environmental Restoration, Formerly Used Defense
            Sites''; and
                (6) ``Drug Interdiction and Counter-drug Activities,
            Defense''.

                               (transfer of funds)

        Sec. 8008.  <<NOTE: Notifications.>>  During the current fiscal
    year, cash balances in working capital funds of the Department of
    Defense established pursuant to section 2208 of title 10, United States
    Code, may be maintained in only such amounts as are necessary at any
    time for cash disbursements to be made from such funds:  Provided, That
    transfers may be made between such funds:  Provided further,
    That <<NOTE: Determination. Approval.>>  transfers may be made between
    working capital funds and the ``Foreign Currency Fluctuations, Defense''
    appropriation and the ``Operation and Maintenance'' appropriation
    accounts in such amounts as may be determined by the Secretary of
    Defense, with the approval of the Office of Management and Budget,
    except that such transfers may not be made unless the Secretary of
    Defense has notified the Congress of the proposed transfer:  Provided
    further, That except in amounts equal to the amounts appropriated to
    working capital funds in this Act, no obligations may be made against a
    working capital fund to procure or increase the value of war reserve
    material inventory, unless the Secretary of Defense has notified the
    Congress prior to any such obligation.

        Sec. 8009.  <<NOTE: Notification. Time period.>>  Funds appropriated
    by this Act may not be used to initiate a special access program without
    prior notification 30 calendar days in advance to the congressional
    defense committees.

    [[Page 136 STAT. 175]]

        Sec. 8010.  <<NOTE: Contracts. Notifications. Time periods. 10 USC
    3501 note.>>  None of the funds provided in this Act shall be available
    to initiate: (1) a multiyear contract that employs economic order
    quantity procurement in excess of $20,000,000 in any one year of the
    contract or that includes an unfunded contingent liability in excess of
    $20,000,000; or (2) a contract for advance procurement leading to a
    multiyear contract that employs economic order quantity procurement in
    excess of $20,000,000 in any one year, unless the congressional defense
    committees have been notified at least 30 days in advance of the
    proposed contract award:  Provided, That no part of any appropriation
    contained in this Act shall be available to initiate a multiyear
    contract for which the economic order quantity advance procurement is
    not funded at least to the limits of the Government's liability:
    Provided further, That no part of any appropriation contained in this
    Act shall be available to initiate multiyear procurement contracts for
    any systems or component thereof if the value of the multiyear contract
    would exceed $500,000,000 unless specifically provided in this Act:
    Provided further, That no multiyear procurement contract can be
    terminated without 30-day prior notification to the congressional
    defense committees:  Provided
    further, <<NOTE: Requirement. Analysis. Determination.>>  That the
    execution of multiyear authority shall require the use of a present
    value analysis to determine lowest cost compared to an annual
    procurement:  Provided further, That none of the funds provided in this
    Act may be used for a multiyear contract executed after the date of the
    enactment of this Act unless in the case of any such contract--
                (1) <<NOTE: Budget request.>>  the Secretary of Defense has
            submitted to Congress a budget request for full funding of units
            to be procured through the contract and, in the case of a
            contract for procurement of aircraft, that includes, for any
            aircraft unit to be procured through the contract for which
            procurement funds are requested in that budget request for
            production beyond advance procurement activities in the fiscal
            year covered by the budget, full funding of procurement of such
            unit in that fiscal year;
                (2) cancellation provisions in the contract do not include
            consideration of recurring manufacturing costs of the contractor
            associated with the production of unfunded units to be delivered
            under the contract;
                (3) the contract provides that payments to the contractor
            under the contract shall not be made in advance of incurred
            costs on funded units; and
                (4) the contract does not provide for a price adjustment
            based on a failure to award a follow-on contract.

    Funds appropriated in title III of this Act may be used for multiyear
    procurement contracts for the UH/HH-60M Black Hawk helicopter and the
    AH-64E Apache helicopter.
        Sec. 8011.  <<NOTE: Humanitarian assistance. Territories.>>  Within
    the funds appropriated for the operation and maintenance of the Armed
    Forces, funds are hereby appropriated pursuant to section 401 of title
    10, United States Code, for humanitarian and civic assistance costs
    under chapter 20 of title 10, United States Code. <<NOTE: Reports.>>
    Such funds may also be obligated for humanitarian and civic assistance
    costs incidental to authorized operations and pursuant to authority
    granted in section 401 of title 10, United States Code, and these
    obligations shall be reported as required by section 401(d) of title 10,
    United States Code:  Provided, That funds available for operation and
    maintenance shall be available for providing humanitarian and similar
    assistance by using Civic Action Teams in the Trust Territories of the
    Pacific

    [[Page 136 STAT. 176]]

    Islands and freely associated states of Micronesia, pursuant to the
    Compact of Free Association as authorized by Public Law 99-239:
    Provided further, <<NOTE: Determination. Hawaii.>>  That upon a
    determination by the Secretary of the Army that such action is
    beneficial for graduate medical education programs conducted at Army
    medical facilities located in Hawaii, the Secretary of the Army may
    authorize the provision of medical services at such facilities and
    transportation to such facilities, on a nonreimbursable basis, for
    civilian patients from American Samoa, the Commonwealth of the Northern
    Mariana Islands, the Marshall Islands, the Federated States of
    Micronesia, Palau, and Guam.

        Sec. 8012. (a) During the current fiscal year, the civilian
    personnel of the Department of Defense may not be managed on the basis
    of any constraint or limitation in terms of man years, end strength,
    full-time equivalent positions, or maximum number of employees, but are
    to be managed solely on the basis of, and in a manner consistent with--
                (1) the total force management policies and procedures
            established under section 129a of title 10, United States Code;
                (2) the workload required to carry out the functions and
            activities of the Department; and
                (3) the funds made available to the Department for such
            fiscal year.

        (b) <<NOTE: Workforce reduction. Analysis.>>  None of the funds
    appropriated by this Act may be used to reduce the civilian workforce
    programmed full time equivalent levels absent the appropriate analysis
    of the impacts of these reductions on workload, military force
    structure, lethality, readiness, operational effectiveness, stress on
    the military force, and fully burdened costs.

        (c) A projection of the number of full-time equivalent positions
    shall not be considered a constraint or limitation for purposes of
    subsection (a) and reducing funding for under-execution of such a
    projection shall not be considered managing based on a constraint or
    limitation for purposes of such subsection.
        (d) <<NOTE: Budget request.>>  The fiscal year 2023 budget request
    for the Department of Defense, and any justification material and other
    documentation supporting such request, shall be prepared and submitted
    to Congress as if subsections (a) and (b) were effective with respect to
    such fiscal year.

        (e) Nothing in this section shall be construed to apply to military
    (civilian) technicians.
        Sec. 8013.  <<NOTE: Lobbying.>>  None of the funds made available by
    this Act shall be used in any way, directly or indirectly, to influence
    congressional action on any legislation or appropriation matters pending
    before the Congress.

        Sec. 8014.  None of the funds appropriated by this Act shall be
    available for the basic pay and allowances of any member of the Army
    participating as a full-time student and receiving benefits paid by the
    Secretary of Veterans Affairs from the Department of Defense Education
    Benefits Fund when time spent as a full-time student is credited toward
    completion of a service commitment:  Provided, That this section shall
    not apply to those members who have reenlisted with this option prior to
    October 1, 1987:  Provided further, <<NOTE: Applicability.>>  That this
    section applies only to active components of the Army.

    [[Page 136 STAT. 177]]

                               (transfer of funds)

        Sec. 8015. (a) Funds appropriated in title III of this Act for the
    Department of Defense Pilot Mentor-Protege Program may be transferred to
    any other appropriation contained in this Act solely for the purpose of
    implementing a Mentor-Protege Program developmental assistance agreement
    pursuant to section 831 of the National Defense Authorization Act for
    Fiscal Year 1991 (Public Law 101-510; 10 U.S.C. 2302 note), as amended,
    under the authority of this provision or any other transfer authority
    contained in this Act.
        (b) The Secretary of Defense shall include with the budget
    justification documents in support of the budget for fiscal year 2023
    (as submitted to Congress pursuant to section 1105 of title 31, United
    States Code) a description of each transfer under this section that
    occurred during the last fiscal year before the fiscal year in which
    such budget is submitted.
        Sec. 8016.  <<NOTE: Anchor and mooring chain.>>  None of the funds
    in this Act may be available for the purchase by the Department of
    Defense (and its departments and agencies) of welded shipboard anchor
    and mooring chain unless the anchor and mooring chain are manufactured
    in the United States from components which are substantially
    manufactured in the United States:  Provided, <<NOTE: Definition.>>
    That for the purpose of this section, the term ``manufactured'' shall
    include cutting, heat treating, quality control, testing of chain and
    welding (including the forging and shot blasting process):  Provided
    further, That for the purpose of this section substantially all of the
    components of anchor and mooring chain shall be considered to be
    produced or manufactured in the United States if the aggregate cost of
    the components produced or manufactured in the United States exceeds the
    aggregate cost of the components produced or manufactured outside the
    United States:  Provided further, <<NOTE: Waiver
    authority. Certification.>>  That when adequate domestic supplies are
    not available to meet Department of Defense requirements on a timely
    basis, the Secretary of the Service responsible for the procurement may
    waive this restriction on a case-by-case basis by certifying in writing
    to the Committees on Appropriations of the House of Representatives and
    the Senate that such an acquisition must be made in order to acquire
    capability for national security purposes.

        Sec. 8017.  <<NOTE: Alcohol and alcoholic beverages.>>  None of the
    funds appropriated by this Act shall be used for the support of any
    nonappropriated funds activity of the Department of Defense that
    procures malt beverages and wine with nonappropriated funds for resale
    (including such alcoholic beverages sold by the drink) on a military
    installation located in the United States unless such malt beverages and
    wine are procured within that State, or in the case of the District of
    Columbia, within the District of Columbia, in which the military
    installation is located:  Provided, That, in a case in which the
    military installation is located in more than one State, purchases may
    be made in any State in which the installation is located:  Provided
    further, <<NOTE: Applicability.>>  That such local procurement
    requirements for malt beverages and wine shall apply to all alcoholic
    beverages only for military installations in States which are not
    contiguous with another State:  Provided further, That alcoholic
    beverages other than wine and malt beverages, in contiguous States and
    the District of Columbia shall be procured from the most competitive
    source, price and other factors considered.

    [[Page 136 STAT. 178]]

        Sec. 8018.  <<NOTE: Arms and munitions. Certification.>>  None of
    the funds available to the Department of Defense may be used to
    demilitarize or dispose of M-1 Carbines, M-1 Garand rifles, M-14 rifles,
    .22 caliber rifles, .30 caliber rifles, or M-1911 pistols, or to
    demilitarize or destroy small arms ammunition or ammunition components
    that are not otherwise prohibited from commercial sale under Federal
    law, unless the small arms ammunition or ammunition components are
    certified by the Secretary of the Army or designee as unserviceable or
    unsafe for further use.

        Sec. 8019.  No more than $500,000 of the funds appropriated or made
    available in this Act shall be used during a single fiscal year for any
    single relocation of an organization, unit, activity or function of the
    Department of Defense into or within the National Capital Region:
    Provided, <<NOTE: Waiver authority. Certification.>>  That the Secretary
    of Defense may waive this restriction on a case-by-case basis by
    certifying in writing to the congressional defense committees that such
    a relocation is required in the best interest of the Government.

        Sec. 8020.  In addition to the funds provided elsewhere in this Act,
    $25,000,000 is appropriated only for incentive payments authorized by
    section 504 of the Indian Financing Act of 1974 (25 U.S.C. 1544):
    Provided, <<NOTE: Contracts.>>  That a prime contractor or a
    subcontractor at any tier that makes a subcontract award to any
    subcontractor or supplier as defined in section 1544 of title 25, United
    States Code, or a small business owned and controlled by an individual
    or individuals defined under section 4221(9) of title 25, United States
    Code, shall be considered a contractor for the purposes of being allowed
    additional compensation under section 504 of the Indian Financing Act of
    1974 (25 U.S.C. 1544) whenever the prime contract or subcontract amount
    is over $500,000 and involves the expenditure of funds appropriated by
    an Act making appropriations for the Department of Defense with respect
    to any fiscal year:  Provided further, <<NOTE: Applicability.>>  That
    notwithstanding section 1906 of title 41, United States Code, this
    section shall be applicable to any Department of Defense acquisition of
    supplies or services, including any contract and any subcontract at any
    tier for acquisition of commercial items produced or manufactured, in
    whole or in part, by any subcontractor or supplier defined in section
    1544 of title 25, United States Code, or a small business owned and
    controlled by an individual or individuals defined under section 4221(9)
    of title 25, United States Code.

        Sec. 8021. (a) <<NOTE: Native Americans. State listing.>>
    Notwithstanding any other provision of law, the Secretary of the Air
    Force may convey at no cost to the Air Force, without consideration, to
    Indian tribes located in the States of Nevada, Idaho, North Dakota,
    South Dakota, Montana, Oregon, Minnesota, and Washington relocatable
    military housing units located at Grand Forks Air Force Base, Malmstrom
    Air Force Base, Mountain Home Air Force Base, Ellsworth Air Force Base,
    and Minot Air Force Base that are excess to the needs of the Air Force.

        (b) The Secretary of the Air Force shall convey, at no cost to the
    Air Force, military housing units under subsection (a) in accordance
    with the request for such units that are submitted to the Secretary by
    the Operation Walking Shield Program on behalf of Indian tribes located
    in the States of Nevada, Idaho, North Dakota, South Dakota, Montana,
    Oregon, Minnesota, and Washington. Any such conveyance shall be subject
    to the condition

    [[Page 136 STAT. 179]]

    that the housing units shall be removed within a reasonable period of
    time, as determined by the Secretary.
        (c) The Operation Walking Shield Program shall resolve any conflicts
    among requests of Indian tribes for housing units under subsection (a)
    before submitting requests to the Secretary of the Air Force under
    subsection (b).
        (d) <<NOTE: Definition.>>  In this section, the term ``Indian
    tribe'' means any recognized Indian tribe included on the current list
    published by the Secretary of the Interior under section 104 of the
    Federally Recognized Indian Tribe Act of 1994 (Public Law 103-454; 108
    Stat. 4792; 25 U.S.C. 5131).

        Sec. 8022.  Of the funds appropriated to the Department of Defense
    under the heading ``Operation and Maintenance, Defense-Wide'', not less
    than $12,000,000 shall be made available only for the mitigation of
    environmental impacts, including training and technical assistance to
    tribes, related administrative support, the gathering of information,
    documenting of environmental damage, and developing a system for
    prioritization of mitigation and cost to complete estimates for
    mitigation, on Indian lands resulting from Department of Defense
    activities.
        Sec. 8023.  Funds appropriated by this Act for the Defense Media
    Activity shall not be used for any national or international political
    or psychological activities.
        Sec. 8024.  None of the funds available in this Act to the
    Department of Defense, other than appropriations made for necessary or
    routine refurbishments, upgrades or maintenance activities, shall be
    used to reduce or to prepare to reduce the number of deployed and non-
    deployed strategic delivery vehicles and launchers below the levels set
    forth in the report submitted to Congress in accordance with section
    1042 of the National Defense Authorization Act for Fiscal Year 2012.
        Sec. 8025.  Of the amounts appropriated for ``Working Capital Fund,
    Army'', $115,000,000 shall be available to maintain competitive rates at
    the arsenals.
        Sec. 8026. (a) Of the funds made available in this Act, not less
    than $60,500,000 shall be available for the Civil Air Patrol
    Corporation, of which--
                (1) $47,300,000 shall be available from ``Operation and
            Maintenance, Air Force'' to support Civil Air Patrol Corporation
            operation and maintenance, readiness, counter-drug activities,
            and drug demand reduction activities involving youth programs;
                (2) $11,400,000 shall be available from ``Aircraft
            Procurement, Air Force''; and
                (3) $1,800,000 shall be available from ``Other Procurement,
            Air Force'' for vehicle procurement.

        (b) The Secretary of the Air Force should waive reimbursement for
    any funds used by the Civil Air Patrol for counter-drug activities in
    support of Federal, State, and local government agencies.
        Sec. 8027. (a) None of the funds appropriated in this Act are
    available to establish a new Department of Defense (department)
    federally funded research and development center (FFRDC), either as a
    new entity, or as a separate entity administrated by an organization
    managing another FFRDC, or as a nonprofit membership corporation
    consisting of a consortium of other FFRDCs and other nonprofit entities.
        (b) No member of a Board of Directors, Trustees, Overseers, Advisory
    Group, Special Issues Panel, Visiting Committee, or any

    [[Page 136 STAT. 180]]

    similar entity of a defense FFRDC, and no paid consultant to any defense
    FFRDC, except when acting in a technical advisory capacity, may be
    compensated for his or her services as a member of such entity, or as a
    paid consultant by more than one FFRDC in a fiscal year:  Provided, That
    a member of any such entity referred to previously in this subsection
    shall be allowed travel expenses and per diem as authorized under the
    Federal Joint Travel Regulations, when engaged in the performance of
    membership duties.
        (c) Notwithstanding any other provision of law, none of the funds
    available to the department from any source during the current fiscal
    year may be used by a defense FFRDC, through a fee or other payment
    mechanism, for construction of new buildings not located on a military
    installation, for payment of cost sharing for projects funded by
    Government grants, for absorption of contract overruns, or for certain
    charitable contributions, not to include employee participation in
    community service and/or development.
        (d) Notwithstanding any other provision of law, of the funds
    available to the department during fiscal year 2022, not more than 6,119
    staff years of technical effort (staff years) may be funded for defense
    FFRDCs:  Provided, <<NOTE: Time periods. Studies. Analysis.>>  That
    within such funds for 6,119 staff years, funds shall be available only
    for 1,148 staff years for the defense studies and analysis FFRDCs:
    Provided further, That this subsection shall not apply to staff years
    funded in the National Intelligence Program and the Military
    Intelligence Program:  Provided further, <<NOTE: Time periods.>>  That
    the limit on staff years in the matter preceding the first proviso in
    this subsection may be increased to 6,184, from within funds available
    to the Department during fiscal year 2022, no sooner than 60 days after
    the Secretary of Defense submits in writing to the congressional defense
    committees--
                (1) a complete breakdown of actual staff years by program
            and primary sponsor for fiscal years 2020 and 2021;
                (2) a complete breakdown of the estimated 6,184 staff years
            by program and primary sponsor for fiscal year 2022;
                (3) <<NOTE: List.>>  a list of corrective actions planned
            and implemented following the 2019 Under Secretary of Defense
            (Research and Engineering)-led FFRDC management review regarding
            the implementation of a strategic management process and
            continued independence of defense FFRDCs; and
                (4) <<NOTE: Plan.>>  a plan to commission a near-term
            independent review and assessment of current FFRDC and
            potentially competitive non-FFRDC entities' core competencies as
            compared to new or emerging requirements:

      Provided further, <<NOTE: Plan. Review. Deadline.>>  That the
    Secretary of Defense shall provide a plan to commission a near-term
    independent review of current Department of Defense and military service
    workforce core competencies as compared to new or emerging requirements,
    to include a review of current and proposed workforce development,
    talent management, and professional military education initiatives and
    career options by June 15, 2022.

        (e) <<NOTE: Reports. Budget estimates.>>  The Secretary of Defense
    shall, with the submission of the department's fiscal year 2023 budget
    request, submit a report presenting the specific amounts of staff years
    of technical effort to be allocated for each defense FFRDC by program
    during that fiscal year and the associated budget estimates.

    [[Page 136 STAT. 181]]

        (f) Notwithstanding any other provision of this Act, the total
    amount appropriated in this Act for FFRDCs is hereby reduced by
    $63,840,000:  Provided, That this subsection shall not apply to
    appropriations for the National Intelligence Program and Military
    Intelligence Program.

        Sec. 8028.  <<NOTE: Definition.>>  For the purposes of this Act, the
    term ``congressional defense committees'' means the Armed Services
    Committee of the House of Representatives, the Armed Services Committee
    of the Senate, the Subcommittee on Defense of the Committee on
    Appropriations of the Senate, and the Subcommittee on Defense of the
    Committee on Appropriations of the House of Representatives.

        Sec. 8029.  <<NOTE: Definition.>>  For the purposes of this Act, the
    term ``congressional intelligence committees'' means the Permanent
    Select Committee on Intelligence of the House of Representatives, the
    Select Committee on Intelligence of the Senate, the Subcommittee on
    Defense of the Committee on Appropriations of the House of
    Representatives, and the Subcommittee on Defense of the Committee on
    Appropriations of the Senate.

        Sec. 8030.  During the current fiscal year, the Department of
    Defense may acquire the modification, depot maintenance and repair of
    aircraft, vehicles and vessels as well as the production of components
    and other Defense-related articles, through competition between
    Department of Defense depot maintenance activities and private firms:
    Provided, <<NOTE: Certification. Cost estimates.>>  That the Senior
    Acquisition Executive of the military department or Defense Agency
    concerned, with power of delegation, shall certify that successful bids
    include comparable estimates of all direct and indirect costs for both
    public and private bids:  Provided further, That Office of Management
    and Budget Circular A-76 shall not apply to competitions conducted under
    this section.

        Sec. 8031. (a) <<NOTE: Compliance.>>  None of the funds appropriated
    in this Act may be expended by an entity of the Department of Defense
    unless the entity, in expending the funds, complies with the Buy
    American Act. <<NOTE: Definition.>>  For purposes of this subsection,
    the term ``Buy American Act'' means chapter 83 of title 41, United
    States Code.

        (b) <<NOTE: Determinations. Labeling. Fraud. Debarment.>>  If the
    Secretary of Defense determines that a person has been convicted of
    intentionally affixing a label bearing a ``Made in America'' inscription
    to any product sold in or shipped to the United States that is not made
    in America, the Secretary shall determine, in accordance with section
    2410f of title 10, United States Code, whether the person should be
    debarred from contracting with the Department of Defense.

        (c) In the case of any equipment or products purchased with
    appropriations provided under this Act, it is the sense of the Congress
    that any entity of the Department of Defense, in expending the
    appropriation, purchase only American-made equipment and products,
    provided that American-made equipment and products are cost-competitive,
    quality competitive, and available in a timely fashion.
        Sec. 8032.  <<NOTE: Contracts.>>  None of the funds appropriated or
    made available in this Act shall be used to procure carbon, alloy, or
    armor steel plate for use in any Government-owned facility or property
    under the control of the Department of Defense which were not melted and
    rolled in the United States or Canada:
    Provided, <<NOTE: Applicability.>>  That these procurement restrictions
    shall apply to any and all Federal Supply Class 9515, American Society
    of Testing and Materials (ASTM) or American Iron and Steel Institute
    (AISI) specifications of carbon,

    [[Page 136 STAT. 182]]

    alloy or armor steel plate:  Provided further, <<NOTE: Waiver
    authority. Certification.>>  That the Secretary of the military
    department responsible for the procurement may waive this restriction on
    a case-by-case basis by certifying in writing to the Committees on
    Appropriations of the House of Representatives and the Senate that
    adequate domestic supplies are not available to meet Department of
    Defense requirements on a timely basis and that such an acquisition must
    be made in order to acquire capability for national security purposes:
    Provided further, That these restrictions shall not apply to contracts
    which are in being as of the date of the enactment of this Act.

        Sec. 8033.
    (a)(1) <<NOTE: Consultation. Determination. Contracts. Rescission. 41
    USC 8304 note.>>  If the Secretary of Defense, after consultation with
    the United States Trade Representative, determines that a foreign
    country which is party to an agreement described in paragraph (2) has
    violated the terms of the agreement by discriminating against certain
    types of products produced in the United States that are covered by the
    agreement, the Secretary of Defense shall rescind the Secretary's
    blanket waiver of the Buy American Act with respect to such types of
    products produced in that foreign country.

        (2) <<NOTE: Memorandum.>>  An agreement referred to in paragraph (1)
    is any reciprocal defense procurement memorandum of understanding,
    between the United States and a foreign country pursuant to which the
    Secretary of Defense has prospectively waived the Buy American Act for
    certain products in that country.

        (b) <<NOTE: Reports.>>  The Secretary of Defense shall submit to the
    Congress a report on the amount of Department of Defense purchases from
    foreign entities in fiscal year 2022. Such report shall separately
    indicate the dollar value of items for which the Buy American Act was
    waived pursuant to any agreement described in subsection (a)(2), the
    Trade Agreements Act of 1979 (19 U.S.C. 2501 et seq.), or any
    international agreement to which the United States is a party.

        (c) <<NOTE: Definition.>>  For purposes of this section, the term
    ``Buy American Act'' means chapter 83 of title 41, United States Code.

        Sec. 8034.  <<NOTE: Contracts. Ball and roller bearings.>>  None of
    the funds appropriated by this Act may be used for the procurement of
    ball and roller bearings other than those produced by a domestic source
    and of domestic origin:  Provided, <<NOTE: Waiver
    authority. Certification.>>  That the Secretary of the military
    department responsible for such procurement may waive this restriction
    on a case-by-case basis by certifying in writing to the Committees on
    Appropriations of the House of Representatives and the Senate, that
    adequate domestic supplies are not available to meet Department of
    Defense requirements on a timely basis and that such an acquisition must
    be made in order to acquire capability for national security purposes:
    Provided further, <<NOTE: Applicability.>>  That this restriction shall
    not apply to the purchase of ``commercial products'', as defined by
    section 103 of title 41, United States Code, except that the restriction
    shall apply to ball or roller bearings purchased as end items.

        Sec. 8035.  In addition to any other funds made available for such
    purposes, including pursuant to section 98h of title 50, United States
    Code, or elsewhere in this Act, there is appropriated $125,000,000, for
    an additional amount for ``National Defense Stockpile Transaction
    Fund'', to remain available until September 30, 2024, which shall only
    be used for the acquisition and retention of certain materials, as
    specified in the classified annex accompanying this Act:
    Provided, <<NOTE: Time period. Execution plan.>>  That none of the funds
    provided under this section may be obligated or expended until 90 days
    after

    [[Page 136 STAT. 183]]

    the Secretary of Defense provides the congressional defense committees a
    detailed execution plan for these funds.

        Sec. 8036.  <<NOTE: Supercomputers. Certification.>>  None of the
    funds in this Act may be used to purchase any supercomputer which is not
    manufactured in the United States, unless the Secretary of Defense
    certifies to the congressional defense committees that such an
    acquisition must be made in order to acquire capability for national
    security purposes that is not available from United States
    manufacturers.

        Sec. 8037. (a) <<NOTE: Waiver authority. Determination.>>  The
    Secretary of Defense may, on a case-by-case basis, waive with respect to
    a foreign country each limitation on the procurement of defense items
    from foreign sources provided in law if the Secretary determines that
    the application of the limitation with respect to that country would
    invalidate cooperative programs entered into between the Department of
    Defense and the foreign country, or would invalidate reciprocal trade
    agreements for the procurement of defense items entered into under
    section 2531 of title 10, United States Code, and the country does not
    discriminate against the same or similar defense items produced in the
    United States for that country.

        (b) <<NOTE: Applicability. Contracts.>>  Subsection (a) applies with
    respect to--
                (1) <<NOTE: Effective date.>>  contracts and subcontracts
            entered into on or after the date of the enactment of this Act;
            and
                (2) options for the procurement of items that are exercised
            after such date under contracts that are entered into before
            such date if the option prices are adjusted for any reason other
            than the application of a waiver granted under subsection (a).

        (c) Subsection (a) does not apply to a limitation regarding
    construction of public vessels, ball and roller bearings, food, and
    clothing or textile materials as defined by section XI (chapters 50-65)
    of the Harmonized Tariff Schedule of the United States and products
    classified under headings 4010, 4202, 4203, 6401 through 6406, 6505,
    7019, 7218 through 7229, 7304.41 through 7304.49, 7306.40, 7502 through
    7508, 8105, 8108, 8109, 8211, 8215, and 9404.
        Sec. 8038.  <<NOTE: Flags. 10 USC 4862 note.>>  None of the funds
    made available in this Act, or any subsequent Act making appropriations
    for the Department of Defense, may be used for the purchase or
    manufacture of a flag of the United States unless such flags are treated
    as covered items under section 2533a(b) of title 10, United States Code.

        Sec. 8039.  During the current fiscal year, amounts contained in the
    Department of Defense Overseas Military Facility Investment Recovery
    Account shall be available until expended for the payments specified by
    section 2687a(b)(2) of title 10, United States Code.
        Sec. 8040.  During the current fiscal year, appropriations which are
    available to the Department of Defense for operation and maintenance may
    be used to purchase items having an investment item unit cost of not
    more than $250,000:  Provided, <<NOTE: Determination.>>  That upon
    determination by the Secretary of Defense that such action is necessary
    to meet the operational requirements of a Commander of a Combatant
    Command engaged in a named contingency operation overseas, such funds
    may be used to purchase items having an investment item unit cost of not
    more than $500,000.

        Sec. 8041.  Amounts appropriated or otherwise made available to the
    Department of Defense in this Act, may not be obligated or expended for
    the retirement or divestiture of the RQ-4 Global Hawk Block 40 aircraft:
     Provided, That the Secretary of the Air

    [[Page 136 STAT. 184]]

    Force is prohibited from deactivating the corresponding squadrons
    responsible for the operations of the aforementioned aircraft.
        Sec. 8042.  Up to $11,120,000 of the funds appropriated under the
    heading ``Operation and Maintenance, Navy'' may be made available for
    the Asia Pacific Regional Initiative Program for the purpose of enabling
    the United States Indo-Pacific Command to execute Theater Security
    Cooperation activities such as humanitarian assistance, and payment of
    incremental and personnel costs of training and exercising with foreign
    security forces:  Provided, That <<NOTE: Humanitarian assistance.>>
    funds made available for this purpose may be used, notwithstanding any
    other funding authorities for humanitarian assistance, security
    assistance or combined exercise expenses:  Provided further, That funds
    may not be obligated to provide assistance to any foreign country that
    is otherwise prohibited from receiving such type of assistance under any
    other provision of law.

        Sec. 8043.  <<NOTE: Regulations. Tobacco and tobacco products. 10
    USC 2484 note.>>  The Secretary of Defense shall issue regulations to
    prohibit the sale of any tobacco or tobacco-related products in military
    resale outlets in the United States, its territories and possessions at
    a price below the most competitive price in the local community:
    Provided, That such regulations shall direct that the prices of tobacco
    or tobacco-related products in overseas military retail outlets shall be
    within the range of prices established for military retail system stores
    located in the United States.

        Sec. 8044. (a) During the current fiscal year, none of the
    appropriations or funds available to the Department of Defense Working
    Capital Funds shall be used for the purchase of an investment item for
    the purpose of acquiring a new inventory item for sale or anticipated
    sale during the current fiscal year or a subsequent fiscal year to
    customers of the Department of Defense Working Capital Funds if such an
    item would not have been chargeable to the Department of Defense
    Business Operations Fund during fiscal year 1994 and if the purchase of
    such an investment item would be chargeable during the current fiscal
    year to appropriations made to the Department of Defense for
    procurement.
        (b) <<NOTE: Budget request. Contracts.>>  The fiscal year 2023
    budget request for the Department of Defense as well as all
    justification material and other documentation supporting the fiscal
    year 2023 Department of Defense budget shall be prepared and submitted
    to the Congress on the basis that any equipment which was classified as
    an end item and funded in a procurement appropriation contained in this
    Act shall be budgeted for in a proposed fiscal year 2023 procurement
    appropriation and not in the supply management business area or any
    other area or category of the Department of Defense Working Capital
    Funds.

        Sec. 8045.  <<NOTE: 50 USC 3521 note.>>  None of the funds
    appropriated by this Act for programs of the Central Intelligence Agency
    shall remain available for obligation beyond the current fiscal year,
    except for funds appropriated for the Reserve for Contingencies, which
    shall remain available until September 30, 2023:  Provided, That funds
    appropriated, transferred, or otherwise credited to the Central
    Intelligence Agency Central Services Working Capital Fund during this or
    any prior or subsequent fiscal year shall remain available until
    expended:  Provided further, That any funds appropriated or transferred
    to the Central Intelligence Agency for advanced research and development
    acquisition, for agent operations, and for covert action programs
    authorized by the President under section 503 of the National Security
    Act of 1947 (50 U.S.C. 3093) shall remain available until

    [[Page 136 STAT. 185]]

    September 30, 2023:  Provided further, That any funds appropriated or
    transferred to the Central Intelligence Agency for the construction,
    improvement, or alteration of facilities, including leased facilities,
    to be used primarily by personnel of the intelligence community shall
    remain available until September 30, 2024.

        Sec. 8046. (a) Except as provided in subsections (b) and (c), none
    of the funds made available by this Act may be used--
                (1) to establish a field operating agency; or
                (2) to pay the basic pay of a member of the Armed Forces or
            civilian employee of the department who is transferred or
            reassigned from a headquarters activity if the member or
            employee's place of duty remains at the location of that
            headquarters.

        (b) <<NOTE: Waiver authority. Determination. Certification.>>  The
    Secretary of Defense or Secretary of a military department may waive the
    limitations in subsection (a), on a case-by-case basis, if the Secretary
    determines, and certifies to the Committees on Appropriations of the
    House of Representatives and the Senate that the granting of the waiver
    will reduce the personnel requirements or the financial requirements of
    the department.

        (c) This section does not apply to--
                (1) field operating agencies funded within the National
            Intelligence Program;
                (2) <<NOTE: Determination.>>  an Army field operating agency
            established to eliminate, mitigate, or counter the effects of
            improvised explosive devices, and, as determined by the
            Secretary of the Army, other similar threats;
                (3) an Army field operating agency established to improve
            the effectiveness and efficiencies of biometric activities and
            to integrate common biometric technologies throughout the
            Department of Defense; or
                (4) an Air Force field operating agency established to
            administer the Air Force Mortuary Affairs Program and Mortuary
            Operations for the Department of Defense and authorized Federal
            entities.

        Sec. 8047. <<NOTE: Contracts. Effective date.>>  (a) None of the
    funds appropriated by this Act shall be available to convert to
    contractor performance an activity or function of the Department of
    Defense that, on or after the date of the enactment of this Act, is
    performed by Department of Defense civilian employees unless--
                (1) <<NOTE: Plan.>>  the conversion is based on the result
            of a public-private competition that includes a most efficient
            and cost effective organization plan developed by such activity
            or function;
                (2) <<NOTE: Determination.>>  the Competitive Sourcing
            Official determines that, over all performance periods stated in
            the solicitation of offers for performance of the activity or
            function, the cost of performance of the activity or function by
            a contractor would be less costly to the Department of Defense
            by an amount that equals or exceeds the lesser of--
                        (A) 10 percent of the most efficient organization's
                    personnel-related costs for performance of that activity
                    or function by Federal employees; or
                        (B) $10,000,000; and
                (3) the contractor does not receive an advantage for a
            proposal that would reduce costs for the Department of Defense
            by--
                        (A) not making an employer-sponsored health
                    insurance plan available to the workers who are to be
                    employed

    [[Page 136 STAT. 186]]

                    in the performance of that activity or function under
                    the contract; or
                        (B) offering to such workers an employer-sponsored
                    health benefits plan that requires the employer to
                    contribute less towards the premium or subscription
                    share than the amount that is paid by the Department of
                    Defense for health benefits for civilian employees under
                    chapter 89 of title 5, United States Code.

        (b)(1) The Department of Defense, without regard to subsection (a)
    of this section or subsection (a), (b), or (c) of section 2461 of title
    10, United States Code, and notwithstanding any administrative
    regulation, requirement, or policy to the contrary shall have full
    authority to enter into a contract for the performance of any commercial
    or industrial type function of the Department of Defense that--
                (A) is included on the procurement list established pursuant
            to section 2 of the Javits-Wagner-O'Day Act (section 8503 of
            title 41, United States Code);
                (B) is planned to be converted to performance by a qualified
            nonprofit agency for the blind or by a qualified nonprofit
            agency for other severely handicapped individuals in accordance
            with that Act; or
                (C) is planned to be converted to performance by a qualified
            firm under at least 51 percent ownership by an Indian tribe, as
            defined in section 4(e) of the Indian Self-Determination and
            Education Assistance Act (25 U.S.C. 450b(e)), or a Native
            Hawaiian Organization, as defined in section 8(a)(15) of the
            Small Business Act (15 U.S.C. 637(a)(15)).

        (2) This section shall not apply to depot contracts or contracts for
    depot maintenance as provided in sections 2469 and 2474 of title 10,
    United States Code.
        (c) The conversion of any activity or function of the Department of
    Defense under the authority provided by this section shall be credited
    toward any competitive or outsourcing goal, target, or measurement that
    may be established by statute, regulation, or policy and is deemed to be
    awarded under the authority of, and in compliance with, subsection (h)
    of section 2304 of title 10, United States Code, for the competition or
    outsourcing of commercial activities.

                                  (rescissions)

        Sec. 8048.  Of the funds appropriated in Department of Defense
    Appropriations Acts, the following funds are hereby rescinded from the
    following accounts and programs in the specified amounts:  Provided,
    That no amounts may be rescinded from amounts that were designated by
    the Congress as an emergency requirement pursuant to a concurrent
    resolution on the budget or the Balanced Budget and Emergency Deficit
    Control Act of 1985:
                ``Missile Procurement, Army'', 2020/2022, $6,953,000;
                ``Procurement of Weapons and Tracked Combat Vehicles,
            Army'', 2020/2022, $4,500,000;
                ``Other Procurement, Army'', 2020/2022, $13,000,000;
                ``Other Procurement, Navy'', 2020/2022, $3,500,000;
                ``Aircraft Procurement, Air Force'', 2020/2022,
            $153,485,000;
                ``Missile Procurement, Air Force'', 2020/2022, $40,000,000;

    [[Page 136 STAT. 187]]

                ``Other Procurement, Air Force'', 2020/2022, $38,000,000;
                ``Operation and Maintenance, Defense-Wide'', 2021/2022,
            $101,000,000;
                ``Afghanistan Security Forces Fund'', 2021/2022,
            $700,000,000;
                ``Counter-ISIS Train and Equip Fund'', 2021/2022,
            $250,000,000;
                ``Aircraft Procurement, Army'', 2021/2023, $5,000,000;
                ``Procurement of Weapons and Tracked Combat Vehicles,
            Army'', 2021/2023, $4,533,000;
                ``Procurement of Ammunition, Army'', 2021/2023, $64,754,000;
                ``Other Procurement, Army'', 2021/2023, $3,177,000;
                ``Aircraft Procurement, Navy'', 2021/2023, $51,782,000;
                ``Weapons Procurement, Navy'', 2021/2023, $37,035,000;
                ``Procurement of Ammunition, Navy and Marine Corps'', 2021/
            2023, $5,194,000;
                ``Shipbuilding and Conversion, Navy: DDG-51 Destroyer
            (AP)'', 2021/2025, $130,000,000;
                ``Other Procurement, Navy'', 2021/2023, $49,325,000;
                ``Procurement, Marine Corps'', 2021/2023, $80,109,000;
                ``Aircraft Procurement, Air Force'', 2021/2023,
            $690,775,000;
                ``Procurement, Space Force'', 2021/2023, $35,700,000;
                ``Procurement of Ammunition, Air Force'', 2021/2023,
            $351,689,000;
                ``Other Procurement, Air Force'', 2021/2023, $79,390,000;
                ``Research, Development, Test and Evaluation, Army'', 2021/
            2022, $79,585,000;
                ``Research, Development, Test and Evaluation, Navy'', 2021/
            2022, $68,022,000;
                ``Research, Development, Test and Evaluation, Space Force'',
            2021/2022, $120,500,000;
                ``Research, Development, Test and Evaluation, Defense-
            Wide'', 2021/2022, $108,717,000; and
                ``Defense Counterintelligence and Security Agency Working
            Capital Fund'', 2021/XXXX, $30,000,000.

        Sec. 8049.  None of the funds available in this Act may be used to
    reduce the authorized positions for military technicians (dual status)
    of the Army National Guard, Air National Guard, Army Reserve and Air
    Force Reserve for the purpose of applying any administratively imposed
    civilian personnel ceiling, freeze, or reduction on military technicians
    (dual status), unless such reductions are a direct result of a reduction
    in military force structure.
        Sec. 8050.  <<NOTE: North Korea.>>  None of the funds appropriated
    or otherwise made available in this Act may be obligated or expended for
    assistance to the Democratic People's Republic of Korea unless
    specifically appropriated for that purpose:  Provided, <<NOTE: Armed
    Forces remains.>>  That this restriction shall not apply to any
    activities incidental to the Defense POW/MIA Accounting Agency mission
    to recover and identify the remains of United States Armed Forces
    personnel from the Democratic People's Republic of Korea.

        Sec. 8051.  <<NOTE: Reimbursement.>>  Funds appropriated in this Act
    for operation and maintenance of the Military Departments, Combatant
    Commands and Defense Agencies shall be available for reimbursement of
    pay, allowances and other expenses which would otherwise be incurred
    against appropriations for the National Guard and Reserve when

    [[Page 136 STAT. 188]]

    members of the National Guard and Reserve provide intelligence or
    counterintelligence support to Combatant Commands, Defense Agencies and
    Joint Intelligence Activities, including the activities and programs
    included within the National Intelligence Program and the Military
    Intelligence Program:  Provided, That nothing in this section authorizes
    deviation from established Reserve and National Guard personnel and
    training procedures.

        Sec. 8052. <<NOTE: Drugs and drug abuse. 10 USC 274 note.>>  (a)
    None of the funds available to the Department of Defense for any fiscal
    year for drug interdiction or counter-drug activities may be transferred
    to any other department or agency of the United States except as
    specifically provided in an appropriations law.

        (b) <<NOTE: 50 USC 3506 note.>>  None of the funds available to the
    Central Intelligence Agency for any fiscal year for drug interdiction or
    counter-drug activities may be transferred to any other department or
    agency of the United States except as specifically provided in an
    appropriations law.

        Sec. 8053.  In addition to the amounts appropriated or otherwise
    made available elsewhere in this Act, $49,000,000 is hereby appropriated
    to the Department of Defense:  Provided, <<NOTE: Determination.>>  That
    upon the determination of the Secretary of Defense that it shall serve
    the national interest, the Secretary shall make grants in the amounts
    specified as follows: $24,000,000 to the United Service Organizations
    and $25,000,000 to the Red Cross.

        Sec. 8054.  Notwithstanding any other provision in this Act, the
    Small Business Innovation Research program and the Small Business
    Technology Transfer program set-asides shall be taken proportionally
    from all programs, projects, or activities to the extent they contribute
    to the extramural budget. <<NOTE: Reports.>>  The Secretary of each
    military department, the Director of each Defense Agency, and the head
    of each other relevant component of the Department of Defense shall
    submit to the congressional defense committees, concurrent with
    submission of the budget justification documents to Congress pursuant to
    section 1105 of title 31, United States Code, a report with a detailed
    accounting of the Small Business Innovation Research program and the
    Small Business Technology Transfer program set-asides taken from
    programs, projects, or activities within such department, agency, or
    component during the most recently completed fiscal year.

        Sec. 8055.  <<NOTE: Contracts.>>  None of the funds available to the
    Department of Defense under this Act shall be obligated or expended to
    pay a contractor under a contract with the Department of Defense for
    costs of any amount paid by the contractor to an employee when--
                (1) such costs are for a bonus or otherwise in excess of the
            normal salary paid by the contractor to the employee; and
                (2) such bonus is part of restructuring costs associated
            with a business combination.

                          (including transfer of funds)

        Sec. 8056.  During the current fiscal year, no more than $30,000,000
    of appropriations made in this Act under the heading ``Operation and
    Maintenance, Defense-Wide'' may be transferred to appropriations
    available for the pay of military personnel, to be merged with, and to
    be available for the same time period

    [[Page 136 STAT. 189]]

    as the appropriations to which transferred, to be used in support of
    such personnel in connection with support and services for eligible
    organizations and activities outside the Department of Defense pursuant
    to section 2012 of title 10, United States Code.
        Sec. 8057.  During the current fiscal year, in the case of an
    appropriation account of the Department of Defense for which the period
    of availability for obligation has expired or which has closed under the
    provisions of section 1552 of title 31, United States Code, and which
    has a negative unliquidated or unexpended balance, an obligation or an
    adjustment of an obligation may be charged to any current appropriation
    account for the same purpose as the expired or closed account if--
                (1) the obligation would have been properly chargeable
            (except as to amount) to the expired or closed account before
            the end of the period of availability or closing of that
            account;
                (2) the obligation is not otherwise properly chargeable to
            any current appropriation account of the Department of Defense;
            and
                (3) in the case of an expired account, the obligation is not
            chargeable to a current appropriation of the Department of
            Defense under the provisions of section 1405(b)(8) of the
            National Defense Authorization Act for Fiscal Year 1991, Public
            Law 101-510, as amended (31 U.S.C. 1551 note):  Provided, That
            in the case of an expired account, if subsequent review or
            investigation discloses that there was not in fact a negative
            unliquidated or unexpended balance in the account, any charge to
            a current account under the authority of this section shall be
            reversed and recorded against the expired account: Provided
            further, That the total amount charged to a current
            appropriation under this section may not exceed an amount equal
            to 1 percent of the total appropriation for that account:

      Provided, <<NOTE: Budget statement. Time period.>>  That the Under
    Secretary of Defense (Comptroller) shall include with the budget of the
    President for fiscal year 2023 (as submitted to Congress pursuant to
    section 1105 of title 31, United States Code) a statement describing
    each instance if any, during each of the fiscal years 2016 through 2022
    in which the authority in this section was exercised.

        Sec. 8058. (a) <<NOTE: Reimbursement.>>  Notwithstanding any other
    provision of law, the Chief of the National Guard Bureau may permit the
    use of equipment of the National Guard Distance Learning Project by any
    person or entity on a space-available, reimbursable basis. The Chief of
    the National Guard Bureau shall establish the amount of reimbursement
    for such use on a case-by-case basis.

        (b) Amounts collected under subsection (a) shall be credited to
    funds available for the National Guard Distance Learning Project and be
    available to defray the costs associated with the use of equipment of
    the project under that subsection. Such funds shall be available for
    such purposes without fiscal year limitation.

                          (including transfer of funds)

        Sec. 8059.  Of the funds appropriated in this Act under the heading
    ``Operation and Maintenance, Defense-Wide'', $47,000,000 shall be for
    continued implementation and expansion of the Sexual Assault Special
    Victims' Counsel Program:  Provided, That the funds are made available
    for transfer to the Department of the Army, the Department of the Navy,
    and the Department of the Air Force:

    [[Page 136 STAT. 190]]

     Provided further, That funds transferred shall be merged with and
    available for the same purposes and for the same time period as the
    appropriations to which the funds are transferred:  Provided further,
    That this transfer authority is in addition to any other transfer
    authority provided in this Act.
        Sec. 8060.  None of the funds appropriated in title IV of this Act
    may be used to procure end-items for delivery to military forces for
    operational training, operational use or inventory requirements:
    Provided, That this restriction does not apply to end-items used in
    development, prototyping, and test activities preceding and leading to
    acceptance for operational use:  Provided further, That this restriction
    does not apply to programs funded within the National Intelligence
    Program:  Provided further, <<NOTE: Reports.>> That the Secretary of
    Defense shall, at the time of the submittal to Congress of the budget of
    the President for fiscal year 2023 pursuant to section 1105 of title 31,
    United States Code, submit to the congressional defense committees a
    report detailing the use of funds requested in research, development,
    test and evaluation accounts for end-items used in development,
    prototyping and test activities preceding and leading to acceptance for
    operational use: Provided further, That <<NOTE: List.>>  the report
    shall set forth, for each end-item covered by the preceding proviso, a
    detailed list of the statutory authorities under which amounts in the
    accounts described in that proviso were used for such item:  Provided
    further, That <<NOTE: Certification. Compliance.>>  the Secretary of
    Defense shall, at the time of the submittal to Congress of the budget of
    the President for fiscal year 2023 pursuant to section 1105 of title 31,
    United States Code, submit to the congressional defense committees a
    certification that funds requested for fiscal year 2023 in research,
    development, test and evaluation are in compliance with this section:
    Provided further, <<NOTE: Waiver authority. Certification.>>  That the
    Secretary of Defense may waive this restriction on a case-by-case basis
    by certifying in writing to the Committees on Appropriations of the
    House of Representatives and the Senate that it is in the national
    security interest to do so.

        Sec. 8061.  None of the funds appropriated or otherwise made
    available by this or other Department of Defense Appropriations Acts may
    be obligated or expended for the purpose of performing repairs or
    maintenance to military family housing units of the Department of
    Defense, including areas in such military family housing units that may
    be used for the purpose of conducting official Department of Defense
    business.
        Sec. 8062. <<NOTE: Time period. Reports. Strategies. Cost
    estimates.>>   Notwithstanding any other provision of law, funds
    appropriated in this Act under the heading ``Research, Development, Test
    and Evaluation, Defense-Wide'' for any new start advanced concept
    technology demonstration project or joint capability demonstration
    project may only be obligated 45 days after a report, including a
    description of the project, the planned acquisition and transition
    strategy and its estimated annual and total cost, has been provided in
    writing to the congressional defense committees:
    Provided, <<NOTE: Waiver authority. Certification.>>  That the Secretary
    of Defense may waive this restriction on a case-by-case basis by
    certifying to the congressional defense committees that it is in the
    national interest to do so.

        Sec. 8063. <<NOTE: Classified information. Reports.>>   The
    Secretary of Defense shall continue to provide a classified quarterly
    report to the Committees on Appropriations of the House of
    Representatives and the Senate, Subcommittees on Defense on certain
    matters as directed in the classified annex accompanying this Act.

    [[Page 136 STAT. 191]]

        Sec. 8064.  Notwithstanding section 12310(b) of title 10, United
    States Code, a Reserve who is a member of the National Guard serving on
    full-time National Guard duty under section 502(f) of title 32, United
    States Code, may perform duties in support of the ground-based elements
    of the National Ballistic Missile Defense System.
        Sec. 8065. <<NOTE: Arms and munitions.>>   None of the funds
    provided in this Act may be used to transfer to any nongovernmental
    entity ammunition held by the Department of Defense that has a center-
    fire cartridge and a United States military nomenclature designation of
    ``armor penetrator'', ``armor piercing (AP)'', ``armor piercing
    incendiary (API)'', or ``armor-piercing incendiary tracer (API-T)'',
    except to an entity performing demilitarization services for the
    Department of Defense under a contract that requires the entity to
    demonstrate to the satisfaction of the Department of Defense that armor
    piercing projectiles are either: (1) rendered incapable of reuse by the
    demilitarization process; or (2) used to manufacture ammunition pursuant
    to a contract with the Department of Defense or the manufacture of
    ammunition for export pursuant to a License for Permanent Export of
    Unclassified Military Articles issued by the Department of State.

        Sec. 8066. <<NOTE: Waiver authority. Time period.>>
    Notwithstanding any other provision of law, the Chief of the National
    Guard Bureau, or his designee, may waive payment of all or part of the
    consideration that otherwise would be required under section 2667 of
    title 10, United States Code, in the case of a lease of personal
    property for a period not in excess of 1 year to any organization
    specified in section 508(d) of title 32, United States Code, or any
    other youth, social, or fraternal nonprofit organization as may be
    approved by the Chief of the National Guard Bureau, or his designee, on
    a case-by-case basis.

                          (including transfer of funds)

        Sec. 8067.  Of the amounts appropriated in this Act under the
    heading ``Operation and Maintenance, Army'', $152,925,875 shall remain
    available until expended:  Provided, That, notwithstanding any other
    provision of law, the Secretary of Defense is authorized to transfer
    such funds to other activities of the Federal Government:  Provided
    further, <<NOTE: Contracts.>>  That the Secretary of Defense is
    authorized to enter into and carry out contracts for the acquisition of
    real property, construction, personal services, and operations related
    to projects carrying out the purposes of this section:  Provided
    further, <<NOTE: Determination.>>  That contracts entered into under the
    authority of this section may provide for such indemnification as the
    Secretary determines to be necessary:  Provided
    further, <<NOTE: Compliance. Determination.>>  That projects authorized
    by this section shall comply with applicable Federal, State, and local
    law to the maximum extent consistent with the national security, as
    determined by the Secretary of Defense.

        Sec. 8068. (a) None of the funds appropriated in this or any other
    Act may be used to take any action to modify--
                (1) the appropriations account structure for the National
            Intelligence Program budget, including through the creation of a
            new appropriation or new appropriation account;
                (2) how the National Intelligence Program budget request is
            presented in the unclassified P-1, R-1, and O-1 documents
            supporting the Department of Defense budget request;

    [[Page 136 STAT. 192]]

                (3) the process by which the National Intelligence Program
            appropriations are apportioned to the executing agencies; or
                (4) the process by which the National Intelligence Program
            appropriations are allotted, obligated and disbursed.

        (b) Nothing in subsection (a) shall be construed to prohibit the
    merger of programs or changes to the National Intelligence Program
    budget at or below the Expenditure Center level, provided such change is
    otherwise in accordance with paragraphs (1)-(3) of subsection (a).
        (c) <<NOTE: Study. Proposals.>>  The Director of National
    Intelligence and the Secretary of Defense may jointly, only for the
    purposes of achieving auditable financial statements and improving
    fiscal reporting, study and develop detailed proposals for alternative
    financial management processes. <<NOTE: Risk assessment.>>  Such study
    shall include a comprehensive counterintelligence risk assessment to
    ensure that none of the alternative processes will adversely affect
    counterintelligence.

        (d) Upon development of the detailed proposals defined under
    subsection (c), the Director of National Intelligence and the Secretary
    of Defense shall--
                (1) provide the proposed alternatives to all affected
            agencies;
                (2) <<NOTE: Certifications.>>  receive certification from
            all affected agencies attesting that the proposed alternatives
            will help achieve auditability, improve fiscal reporting, and
            will not adversely affect counterintelligence; and
                (3) <<NOTE: Deadline.>>  not later than 30 days after
            receiving all necessary certifications under paragraph (2),
            present the proposed alternatives and certifications to the
            congressional defense and intelligence committees.

        Sec. 8069.  In addition to amounts provided elsewhere in this Act,
    $5,000,000 is hereby appropriated to the Department of Defense, to
    remain available for obligation until expended:  Provided,
    That <<NOTE: Determination. Grants. Fisher House Foundation, Inc.>>
    notwithstanding any other provision of law, that upon the determination
    of the Secretary of Defense that it shall serve the national interest,
    these funds shall be available only for a grant to the Fisher House
    Foundation, Inc., only for the construction and furnishing of additional
    Fisher Houses to meet the needs of military family members when
    confronted with the illness or hospitalization of an eligible military
    beneficiary.

                          (including transfer of funds)

        Sec. 8070.  In addition to amounts made available elsewhere in this
    Act, $200,000,000 is hereby appropriated to the Department of Defense
    and made available for transfer to the operation and maintenance
    accounts and research, development, test and evaluation accounts of the
    Army, Navy, Marine Corps, Air Force, and Space Force for purposes of
    improving tactical artificial intelligence at the Combatant Commands:
    Provided, <<NOTE: Time period. Execution plan.>>  That none of the funds
    provided under this section may be obligated or expended until 90 days
    after the Secretary of Defense provides to the congressional defense
    committees an execution plan:  Provided further, <<NOTE: Time
    period. Notification.>>  That not less than 30 days prior to any
    transfer of funds, the Secretary of Defense shall notify the
    congressional defense committees of the details of any such transfer:
    Provided further, That upon transfer, the funds shall be merged with and
    available for the same purposes, and for the same time period, as the
    appropriation

    [[Page 136 STAT. 193]]

    to which transferred:  Provided further, That the transfer authority
    provided under this section is in addition to any other transfer
    authority provided elsewhere in this Act.

                          (including transfer of funds)

        Sec. 8071.  During the current fiscal year, not to exceed
    $11,000,000 from each of the appropriations made in title II of this Act
    for ``Operation and Maintenance, Army'', ``Operation and Maintenance,
    Navy'', and ``Operation and Maintenance, Air Force'' may be transferred
    by the military department concerned to its central fund established for
    Fisher Houses and Suites pursuant to section 2493(d) of title 10, United
    States Code.

                          (including transfer of funds)

        Sec. 8072.  Of the amounts appropriated for ``Operation and
    Maintenance, Navy'', up to $1,000,000 shall be available for transfer to
    the John C. Stennis Center for Public Service Development Trust Fund
    established under section 116 of the John C. Stennis Center for Public
    Service Training and Development Act (2 U.S.C. 1105).
        Sec. 8073.  None of the funds available to the Department of Defense
    may be obligated to modify command and control relationships to give
    Fleet Forces Command operational and administrative control of United
    States Navy forces assigned to the Pacific fleet:
    Provided, <<NOTE: Proposal.>>  That the command and control
    relationships which existed on October 1, 2004, shall remain in force
    until a written modification has been proposed to the Committees on
    Appropriations of the House of Representatives and the Senate:  Provided
    further, <<NOTE: Time period. Notification.>>  That the proposed
    modification may be implemented 30 days after the notification unless an
    objection is received from either the House or Senate Appropriations
    Committees:  Provided further, That any proposed modification shall not
    preclude the ability of the commander of United States Indo-Pacific
    Command to meet operational requirements.

        Sec. 8074. <<NOTE: Notice. Effective date. 10 USC 3201 note prec.>>
     Any notice that is required to be submitted to the Committees on
    Appropriations of the House of Representatives and the Senate under
    section 806(c)(4) of the Bob Stump National Defense Authorization Act
    for Fiscal Year 2003 (10 U.S.C. 2302 note) after the date of the
    enactment of this Act shall be submitted pursuant to that requirement
    concurrently to the Subcommittees on Defense of the Committees on
    Appropriations of the House of Representatives and the Senate.

                          (including transfer of funds)

        Sec. 8075.  Of the amounts appropriated in this Act under the
    headings ``Procurement, Defense-Wide'' and ``Research, Development, Test
    and Evaluation, Defense-Wide'', $500,000,000 shall be for the Israeli
    Cooperative Programs:  Provided, That of this amount, $108,000,000 shall
    be for the Secretary of Defense to provide to the Government of Israel
    for the procurement of the Iron Dome defense system to counter short-
    range rocket threats, subject to the U.S.-Israel Iron Dome Procurement
    Agreement, as amended; $157,000,000 shall be for the Short Range
    Ballistic Missile Defense (SRBMD) program, including cruise missile
    defense research and development under the SRBMD program, of which
    $30,000,000

    [[Page 136 STAT. 194]]

    shall be for co-production activities of SRBMD systems in the United
    States and in Israel to meet Israel's defense requirements consistent
    with each nation's laws, regulations, and procedures, subject to the
    U.S.-Israeli co-production agreement for SRBMD, as amended; $62,000,000
    shall be for an upper-tier component to the Israeli Missile Defense
    Architecture, of which $62,000,000 shall be for co-production activities
    of Arrow 3 Upper Tier systems in the United States and in Israel to meet
    Israel's defense requirements consistent with each nation's laws,
    regulations, and procedures, subject to the U.S.-Israeli co-production
    agreement for Arrow 3 Upper Tier, as amended; and $173,000,000 shall be
    for the Arrow System Improvement Program including development of a long
    range, ground and airborne, detection suite:  Provided further, That the
    transfer authority provided under this provision is in addition to any
    other transfer authority contained in this Act.
        Sec. 8076.  Of the amounts appropriated in this Act under the
    heading ``Shipbuilding and Conversion, Navy'', $660,795,000 shall be
    available until September 30, 2022, to fund prior year shipbuilding cost
    increases for the following programs:
                (1) Under the heading ``Shipbuilding and Conversion, Navy'',
            2013/2022: Carrier Replacement Program $291,000,000;
                (2) Under the heading ``Shipbuilding and Conversion, Navy'',
            2015/2022: DDG-51 Destroyer $44,577,000;
                (3) Under the heading ``Shipbuilding and Conversion, Navy'',
            2016/2022: DDG-51 Destroyer $1,176,000;
                (4) Under the heading ``Shipbuilding and Conversion, Navy'',
            2016/2022: TAO Fleet Oiler $23,358,000;
                (5) Under the heading ``Shipbuilding and Conversion, Navy'',
            2016/2022: Littoral Combat Ship $24,860,000;
                (6) Under the heading ``Shipbuilding and Conversion, Navy'',
            2016/2022: CVN Refueling Overhauls $158,800,000;
                (7) Under the heading ``Shipbuilding and Conversion, Navy'',
            2017/2022: LPD-17 $53,682,000;
                (8) Under the heading ``Shipbuilding and Conversion, Navy'',
            2017/2022: Littoral Combat Ship $20,000,000; and
                (9) Under the heading ``Shipbuilding and Conversion, Navy'',
            2018/2022: TAO Fleet Oiler $43,342,000.

        Sec. 8077.  Funds appropriated by this Act, or made available by the
    transfer of funds in this Act, for intelligence activities are deemed to
    be specifically authorized by the Congress for purposes of section 504
    of the National Security Act of 1947 (50 U.S.C. 3094) during fiscal year
    2022 until the enactment of the Intelligence Authorization Act for
    Fiscal Year 2022.
        Sec. 8078. <<NOTE: Notification.>>   None of the funds provided in
    this Act shall be available for obligation or expenditure through a
    reprogramming of funds that creates or initiates a new program, project,
    or activity unless such program, project, or activity must be undertaken
    immediately in the interest of national security and only after written
    prior notification to the congressional defense committees.

        Sec. 8079. <<NOTE: Budget justification. 10 USC 221 note.>>   The
    budget of the President for fiscal year 2023 submitted to the Congress
    pursuant to section 1105 of title 31, United States Code, shall include
    separate budget justification documents for costs of United States Armed
    Forces' participation in contingency operations for the Military
    Personnel accounts, the Operation and Maintenance accounts, the
    Procurement accounts, and the Research, Development, Test and Evaluation
    accounts:  Provided, That these documents shall include a description of
    the

    [[Page 136 STAT. 195]]

    funding requested for each contingency operation, for each military
    service, to include all Active and Reserve components, and for each
    appropriations account:  Provided
    further, <<NOTE: Estimates. Data.>> That these documents shall include
    estimated costs for each element of expense or object class, a
    reconciliation of increases and decreases for each contingency
    operation, and programmatic data including, but not limited to, troop
    strength for each Active and Reserve component, and estimates of the
    major weapons systems deployed in support of each contingency:  Provided
    further, That these documents shall include budget exhibits OP-5 and OP-
    32 (as defined in the Department of Defense Financial Management
    Regulation) for all contingency operations for the budget year and the
    two preceding fiscal years.

                          (including transfer of funds)

        Sec. 8080.  In addition to amounts made available elsewhere in this
    Act, $50,000,000 is hereby appropriated to the Department of Defense and
    made available for transfer to the Department of Defense Acquisition
    Workforce Development Account and the operation and maintenance accounts
    of the Army, Navy, Marine Corps, Air Force, and Space Force for purposes
    of recruiting and training the Department of Defense artificial
    intelligence-literate acquisition workforce:  Provided, <<NOTE: Time
    period. Execution plan.>>  That none of the funds provided under this
    section may be obligated or expended until 90 days after the Secretary
    of Defense provides to the congressional defense committees an execution
    plan:  Provided further, <<NOTE: Time period. Notification.>>  That not
    less than 30 days prior to any transfer of funds, the Secretary of
    Defense shall notify the congressional defense committees of the details
    of any such transfer:  Provided further, That upon transfer, the funds
    shall be merged with and be available for the same purposes, and for the
    same time period, as the appropriation to which transferred:  Provided
    further, That the transfer authority provided under this section is in
    addition to any other transfer authority provided elsewhere in this Act.

        Sec. 8081. <<NOTE: Nuclear armed interceptors.>>   None of the funds
    in this Act may be used for research, development, test, evaluation,
    procurement or deployment of nuclear armed interceptors of a missile
    defense system.

        Sec. 8082.  The Secretary of Defense may use up to $650,000,000 of
    the amounts appropriated or otherwise made available in this Act to the
    Department of Defense for the rapid acquisition and deployment of
    supplies and associated support services pursuant to section 806 of the
    Bob Stump National Defense Authorization Act for Fiscal Year 2003
    (Public Law 107-314; 10 U.S.C. 2302 note), but only for the purposes
    specified in clauses (i), (ii), (iii), and (iv) of subsection (c)(3)(B)
    of such section and subject to the applicable limits specified in
    clauses (i), (ii), and (iii) of such subsection and, in the case of
    clause (iv) of such subsection, subject to a limit of $50,000,000:
    Provided, <<NOTE: Notification.>>  That the Secretary of Defense shall
    notify the congressional defense committees promptly of all uses of this
    authority.

        Sec. 8083. <<NOTE: 53d Weather Reconnaissance Squadron.>>   None of
    the funds appropriated or made available in this Act shall be used to
    reduce or disestablish the operation of the 53rd Weather Reconnaissance
    Squadron of the Air Force Reserve, if such action would reduce the WC-
    130 Weather Reconnaissance mission below the levels funded in this Act:
    Provided, That the Air Force shall allow the 53rd Weather Reconnaissance

    [[Page 136 STAT. 196]]

    Squadron to perform other missions in support of national defense
    requirements during the non-hurricane season.

        Sec. 8084. <<NOTE: Foreign intelligence.>>   None of the funds
    provided in this Act shall be available for integration of foreign
    intelligence information unless the information has been lawfully
    collected and processed during the conduct of authorized foreign
    intelligence activities:  Provided, That information pertaining to
    United States persons shall only be handled in accordance with
    protections provided in the Fourth Amendment of the United States
    Constitution as implemented through Executive Order No. 12333.

        Sec. 8085. <<NOTE: Tactical unmanned aerial vehicles.>>  (a) None of
    the funds appropriated by this Act may be used to transfer research and
    development, acquisition, or other program authority relating to current
    tactical unmanned aerial vehicles (TUAVs) from the Army.

        (b) The Army shall retain responsibility for and operational control
    of the MQ-1C Gray Eagle Unmanned Aerial Vehicle (UAV) in order to
    support the Secretary of Defense in matters relating to the employment
    of unmanned aerial vehicles.
        Sec. 8086. <<NOTE: Research and technology. Real property.>>   None
    of the funds appropriated by this Act for programs of the Office of the
    Director of National Intelligence shall remain available for obligation
    beyond the current fiscal year, except for funds appropriated for
    research and technology, which shall remain available until September
    30, 2023, and except for funds appropriated for the purchase of real
    property, which shall remain available until September 30, 2024.

        Sec. 8087. <<NOTE: Applicability.>>   For purposes of section
    1553(b) of title 31, United States Code, any subdivision of
    appropriations made in this Act under the heading ``Shipbuilding and
    Conversion, Navy'' shall be considered to be for the same purpose as any
    subdivision under the heading ``Shipbuilding and Conversion, Navy''
    appropriations in any prior fiscal year, and the 1 percent limitation
    shall apply to the total amount of the appropriation.

        Sec. 8088. <<NOTE: Reports.>>  (a) Not later than 60 days after the
    date of the enactment of this Act, the Director of National Intelligence
    shall submit a report to the congressional intelligence committees to
    establish the baseline for application of reprogramming and transfer
    authorities for fiscal year 2022:  Provided, That the report shall
    include--
                (1) a table for each appropriation with a separate column to
            display the President's budget request, adjustments made by
            Congress, adjustments due to enacted rescissions, if
            appropriate, and the fiscal year enacted level;
                (2) a delineation in the table for each appropriation by
            Expenditure Center and project; and
                (3) an identification of items of special congressional
            interest.

        (b) <<NOTE: Certification.>>  None of the funds provided for the
    National Intelligence Program in this Act shall be available for
    reprogramming or transfer until the report identified in subsection (a)
    is submitted to the congressional intelligence committees, unless the
    Director of National Intelligence certifies in writing to the
    congressional intelligence committees that such reprogramming or
    transfer is necessary as an emergency requirement.

        Sec. 8089.  Any transfer of amounts appropriated to the Department
    of Defense Acquisition Workforce Development Account in or for fiscal
    year 2022 to a military department or Defense Agency

    [[Page 136 STAT. 197]]

    pursuant to section 1705(e)(1) of title 10, United States Code, shall be
    covered by and subject to section 8005 of this Act.
        Sec. 8090. <<NOTE: Notifications. Time periods.>>  (a) None of the
    funds provided for the National Intelligence Program in this or any
    prior appropriations Act shall be available for obligation or
    expenditure through a reprogramming or transfer of funds in accordance
    with section 102A(d) of the National Security Act of 1947 (50 U.S.C.
    3024(d)) that--
                (1) creates a new start effort;
                (2) terminates a program with appropriated funding of
            $10,000,000 or more;
                (3) transfers funding into or out of the National
            Intelligence Program; or
                (4) transfers funding between appropriations, unless the
            congressional intelligence committees are notified 30 days in
            advance of such reprogramming of funds; this notification period
            may be reduced for urgent national security requirements.

        (b) None of the funds provided for the National Intelligence Program
    in this or any prior appropriations Act shall be available for
    obligation or expenditure through a reprogramming or transfer of funds
    in accordance with section 102A(d) of the National Security Act of 1947
    (50 U.S.C. 3024(d)) that results in a cumulative increase or decrease of
    the levels specified in the classified annex accompanying the Act unless
    the congressional intelligence committees are notified 30 days in
    advance of such reprogramming of funds; this notification period may be
    reduced for urgent national security requirements.
        Sec. 8091. <<NOTE: Public information. Web
    posting. Reports. Determination.>>  (a) Any agency receiving funds made
    available in this Act, shall, subject to subsections (b) and (c), post
    on the public Web site of that agency any report required to be
    submitted by the Congress in this or any other Act, upon the
    determination by the head of the agency that it shall serve the national
    interest.

        (b) Subsection (a) shall not apply to a report if--
                (1) the public posting of the report compromises national
            security; or
                (2) the report contains proprietary information.

        (c) <<NOTE: Time period.>>  The head of the agency posting such
    report shall do so only after such report has been made available to the
    requesting Committee or Committees of Congress for no less than 45 days.

        Sec. 8092. <<NOTE: Contracts.>>  (a) None of the funds appropriated
    or otherwise made available by this Act may be expended for any Federal
    contract for an amount in excess of $1,000,000, unless the contractor
    agrees not to--
                (1) enter into any agreement with any of its employees or
            independent contractors that requires, as a condition of
            employment, that the employee or independent contractor agree to
            resolve through arbitration any claim under title VII of the
            Civil Rights Act of 1964 or any tort related to or arising out
            of sexual assault or harassment, including assault and battery,
            intentional infliction of emotional distress, false
            imprisonment, or negligent hiring, supervision, or retention; or
                (2) take any action to enforce any provision of an existing
            agreement with an employee or independent contractor that
            mandates that the employee or independent contractor resolve
            through arbitration any claim under title VII of the Civil
            Rights Act of 1964 or any tort related to or arising out of
            sexual

    [[Page 136 STAT. 198]]

            assault or harassment, including assault and battery,
            intentional infliction of emotional distress, false
            imprisonment, or negligent hiring, supervision, or retention.

        (b) <<NOTE: Certification.>>  None of the funds appropriated or
    otherwise made available by this Act may be expended for any Federal
    contract unless the contractor certifies that it requires each covered
    subcontractor to agree not to enter into, and not to take any action to
    enforce any provision of, any agreement as described in paragraphs (1)
    and (2) of subsection (a), with respect to any employee or independent
    contractor performing work related to such subcontract. For purposes of
    this subsection, a ``covered subcontractor'' is an entity that has a
    subcontract in excess of $1,000,000 on a contract subject to subsection
    (a).

        (c) The prohibitions in this section do not apply with respect to a
    contractor's or subcontractor's agreements with employees or independent
    contractors that may not be enforced in a court of the United States.
        (d) <<NOTE: Waiver authority. Determination.>>  The Secretary of
    Defense may waive the application of subsection (a) or (b) to a
    particular contractor or subcontractor for the purposes of a particular
    contract or subcontract if the Secretary or the Deputy Secretary
    personally determines that the waiver is necessary to avoid harm to
    national security interests of the United States, and that the term of
    the contract or subcontract is not longer than necessary to avoid such
    harm. The determination shall set forth with specificity the grounds for
    the waiver and for the contract or subcontract term selected, and shall
    state any alternatives considered in lieu of a waiver and the reasons
    each such alternative would not avoid harm to national security
    interests of the United States. <<NOTE: Public information. Time
    period.>> The Secretary of Defense shall transmit to Congress, and
    simultaneously make public, any determination under this subsection not
    less than 15 business days before the contract or subcontract addressed
    in the determination may be awarded.

                          (including transfer of funds)

        Sec. 8093.  From within the funds appropriated for operation and
    maintenance for the Defense Health Program in this Act, up to
    $137,000,000, shall be available for transfer to the Joint Department of
    Defense-Department of Veterans Affairs Medical Facility Demonstration
    Fund in accordance with the provisions of section 1704 of the National
    Defense Authorization Act for Fiscal Year 2010, Public Law 111-84:
    Provided, That for purposes of section 1704(b), the facility operations
    funded are operations of the integrated Captain James A. Lovell Federal
    Health Care Center, consisting of the North Chicago Veterans Affairs
    Medical Center, the Navy Ambulatory Care Center, and supporting
    facilities designated as a combined Federal medical facility as
    described by section 706 of Public Law 110-417:  Provided
    further, <<NOTE: Notification.>>  That additional funds may be
    transferred from funds appropriated for operation and maintenance for
    the Defense Health Program to the Joint Department of Defense-Department
    of Veterans Affairs Medical Facility Demonstration Fund upon written
    notification by the Secretary of Defense to the Committees on
    Appropriations of the House of Representatives and the Senate.

        Sec. 8094.  None of the funds appropriated or otherwise made
    available by this Act may be used by the Department of Defense

    [[Page 136 STAT. 199]]

    or a component thereof in contravention of the provisions of section
    130h of title 10, United States Code.
        Sec. 8095.  Appropriations available to the Department of Defense
    may be used for the purchase of heavy and light armored vehicles for the
    physical security of personnel or for force protection purposes up to a
    limit of $450,000 per vehicle, notwithstanding price or other
    limitations applicable to the purchase of passenger carrying vehicles.

                          (including transfer of funds)

        Sec. 8096. <<NOTE: Determination.>>   Upon a determination by the
    Director of National Intelligence that such action is necessary and in
    the national interest, the Director may, with the approval of the Office
    of Management and Budget, transfer not to exceed $1,500,000,000 of the
    funds made available in this Act for the National Intelligence Program:
    Provided, That such authority to transfer may not be used unless for
    higher priority items, based on unforeseen intelligence requirements,
    than those for which originally appropriated and in no case where the
    item for which funds are requested has been denied by the Congress:
    Provided further, <<NOTE: Reprogramming requests. Deadline.>>  That a
    request for multiple reprogrammings of funds using authority provided in
    this section shall be made prior to June 30, 2022.

        Sec. 8097.  Of the amounts appropriated in this Act for
    ``Shipbuilding and Conversion, Navy'', $299,900,000, to remain available
    for obligation until September 30, 2026, may be used for the purchase of
    five used sealift vessels for the National Defense Reserve Fleet,
    established under section 11 of the Merchant Ship Sales Act of 1946 (46
    U.S.C. 57100):  Provided, <<NOTE: Reimbursement.>>  That such amounts
    are available for reimbursements to the Ready Reserve Force, Maritime
    Administration account of the United States Department of Transportation
    for programs, projects, activities, and expenses related to the National
    Defense Reserve Fleet:  Provided further, That notwithstanding section
    2218 of title 10, United States Code, none of these funds shall be
    transferred to the National Defense Sealift Fund for execution.

        Sec. 8098. <<NOTE: Grants. Web posting.>>   The Secretary of Defense
    shall post grant awards on a public website in a searchable format.

        Sec. 8099. <<NOTE: Surveillance.>>   None of the funds made
    available by this Act may be used by the National Security Agency to--
                (1) conduct an acquisition pursuant to section 702 of the
            Foreign Intelligence Surveillance Act of 1978 for the purpose of
            targeting a United States person; or
                (2) acquire, monitor, or store the contents (as such term is
            defined in section 2510(8) of title 18, United States Code) of
            any electronic communication of a United States person from a
            provider of electronic communication services to the public
            pursuant to section 501 of the Foreign Intelligence Surveillance
            Act of 1978.

        Sec. 8100. <<NOTE: Salaries.>>   None of the funds made available in
    this or any other Act may be used to pay the salary of any officer or
    employee of any agency funded by this Act who approves or implements the
    transfer of administrative responsibilities or budgetary resources of
    any program, project, or activity financed by this Act to the
    jurisdiction of another Federal agency not financed by this Act without
    the express authorization of Congress:  Provided, That

    [[Page 136 STAT. 200]]

    this limitation shall not apply to transfers of funds expressly provided
    for in Defense Appropriations Acts, or provisions of Acts providing
    supplemental appropriations for the Department of Defense.

        Sec. 8101.  Of the amounts appropriated in this Act for ``Operation
    and Maintenance, Navy'', $435,032,000, to remain available until
    expended, may be used for any purposes related to the National Defense
    Reserve Fleet established under section 11 of the Merchant Ship Sales
    Act of 1946 (46 U.S.C. 57100):  Provided,
    That <<NOTE: Reimbursements.>>  such amounts are available for
    reimbursements to the Ready Reserve Force, Maritime Administration
    account of the United States Department of Transportation for programs,
    projects, activities, and expenses related to the National Defense
    Reserve Fleet.

        Sec. 8102. <<NOTE: Notification. Time period.>>   None of the funds
    made available in this Act may be obligated for activities authorized
    under section 1208 of the Ronald W. Reagan National Defense
    Authorization Act for Fiscal Year 2005 (Public Law 112-81; 125 Stat.
    1621) to initiate support for, or expand support to, foreign forces,
    irregular forces, groups, or individuals unless the congressional
    defense committees are notified in accordance with the direction
    contained in the classified annex accompanying this Act, not less than
    15 days before initiating such support:  Provided, That none of the
    funds made available in this Act may be used under section 1208 for any
    activity that is not in support of an ongoing military operation being
    conducted by United States Special Operations Forces to combat
    terrorism:  Provided further, <<NOTE: Waiver
    authority. Determination. Deadline. Notification.>>  That the Secretary
    of Defense may waive the prohibitions in this section if the Secretary
    determines that such waiver is required by extraordinary circumstances
    and, by not later than 72 hours after making such waiver, notifies the
    congressional defense committees of such waiver.

        Sec. 8103. <<NOTE: Contracts.>>  (a) None of the funds provided in
    this Act for the TAO Fleet Oiler program shall be used to award a new
    contract that provides for the acquisition of the following components
    unless those components are manufactured in the United States: Auxiliary
    equipment (including pumps) for shipboard services; propulsion equipment
    (including engines, reduction gears, and propellers); shipboard cranes;
    spreaders for shipboard cranes; and anchor chains specifically for the
    seventh and subsequent ships of the fleet.

        (b) None of the funds provided in this Act for the FFG(X) Frigate
    program shall be used to award a new contract that provides for the
    acquisition of the following components unless those components are
    manufactured in the United States: Air circuit breakers; gyrocompasses;
    electronic navigation chart systems; steering controls; pumps;
    propulsion and machinery control systems; totally enclosed lifeboats;
    auxiliary equipment pumps; shipboard cranes; auxiliary chill water
    systems; and propulsion propellers:  Provided, That <<NOTE: Deadline.>>
    the Secretary of the Navy shall incorporate United States manufactured
    propulsion engines and propulsion reduction gears into the FFG(X)
    Frigate program beginning not later than with the eleventh ship of the
    program.

        Sec. 8104.  <<NOTE: Contracts.>>  None of the funds provided in this
    Act for requirements development, performance specification development,
    concept design and development, ship configuration development, systems
    engineering, naval architecture, marine engineering, operations research
    analysis, industry studies, preliminary design, development of the
    Detailed Design and Construction Request for Proposals solicitation
    package, or related activities for the T-ARC(X) Cable

    [[Page 136 STAT. 201]]

    Laying and Repair Ship or the T-AGOS(X) Oceanographic Surveillance Ship
    may be used to award a new contract for such activities unless these
    contracts include specifications that all auxiliary equipment, including
    pumps and propulsion shafts, are manufactured in the United States.

        Sec. 8105.  None of the funds made available by this Act may be
    obligated or expended for the purpose of decommissioning the USS Fort
    Worth, the USS Detroit, or the USS Little Rock.
        Sec. 8106.  No amounts credited or otherwise made available in this
    or any other Act to the Department of Defense Acquisition Workforce
    Development Account may be transferred to:
                (1) the Rapid Prototyping Fund established under section
            804(d) of the National Defense Authorization Act for Fiscal Year
            2016 (10 U.S.C. 2302 note); or
                (2) credited to a military-department specific fund
            established under section 804(d)(2) of the National Defense
            Authorization Act for Fiscal Year 2016 (as amended by section
            897 of the National Defense Authorization Act for Fiscal Year
            2017).

        Sec. 8107. <<NOTE: Gaming. Adult entertainment.>>   None of the
    funds made available by this Act may be used for Government Travel
    Charge Card expenses by military or civilian personnel of the Department
    of Defense for gaming, or for entertainment that includes topless or
    nude entertainers or participants, as prohibited by Department of
    Defense FMR, Volume 9, Chapter 3 and Department of Defense Instruction
    1015.10 (enclosure 3, 14a and 14b).

        Sec. 8108. (a) <<NOTE: Pornography.>>  None of the funds made
    available in this Act may be used to maintain or establish a computer
    network unless such network is designed to block access to pornography
    websites.

        (b) Nothing in subsection (a) shall limit the use of funds necessary
    for any Federal, State, tribal, or local law enforcement agency or any
    other entity carrying out criminal investigations, prosecution, or
    adjudication activities, or for any activity necessary for the national
    defense, including intelligence activities.
        Sec. 8109.  In addition to amounts provided elsewhere in this Act,
    there is appropriated $516,233,000, for an additional amount for
    ``Operation and Maintenance, Defense-Wide'', to remain available until
    expended:  Provided, <<NOTE: Grants. Contracts.>>  That such funds shall
    only be available to the Secretary of Defense, acting through the Office
    of Local Defense Community Cooperation of the Department of Defense, or
    for transfer to the Secretary of Education, notwithstanding any other
    provision of law, to make grants, conclude cooperative agreements, or
    supplement other Federal funds to construct, renovate, repair, or expand
    elementary and secondary public schools on military installations in
    order to address capacity or facility condition deficiencies at such
    schools:  Provided further, <<NOTE: Determination.>>  That in making
    such funds available, the Office of Local Defense Community Cooperation
    or the Secretary of Education shall give priority consideration to those
    military installations with schools having the most serious capacity or
    facility condition deficiencies as determined by the Secretary of
    Defense:  Provided further, That as a condition of receiving funds under
    this section a local educational agency or State shall provide a
    matching share as described in the notice titled ``Department of Defense
    Program for Construction, Renovation, Repair or Expansion of Public
    Schools Located on Military Installations'' published by the Department
    of Defense in the Federal Register on September 9, 2011 (76 Fed. Reg.
    55883 et seq.):  Provided further,

    [[Page 136 STAT. 202]]

    <<NOTE: Applicability.>> That these provisions apply to funds provided
    under this section, and to funds previously provided by Congress to
    construct, renovate, repair, or expand elementary and secondary public
    schools on military installations in order to address capacity or
    facility condition deficiencies at such schools to the extent such funds
    remain unobligated on the date of enactment of this section.

        Sec. 8110. <<NOTE: Applicability.>>   In carrying out the program
    described in the memorandum on the subject of ``Policy for Assisted
    Reproductive Services for the Benefit of Seriously or Severely Ill/
    Injured (Category II or III) Active Duty Service Members'' issued by the
    Assistant Secretary of Defense for Health Affairs on April 3, 2012, and
    the guidance issued to implement such memorandum, the Secretary of
    Defense shall apply such policy and guidance, except that--
                (1) <<NOTE: Embryos.>>  the limitation on periods regarding
            embryo cryopreservation and storage set forth in part III(G) and
            in part IV(H) of such memorandum shall not apply; and
                (2) <<NOTE: Definition.>>  the term ``assisted reproductive
            technology'' shall include embryo cryopreservation and storage
            without limitation on the duration of such cryopreservation and
            storage.

        Sec. 8111. <<NOTE: Determination.>>   None of the funds provided
    for, or otherwise made available, in this or any other Act, may be
    obligated or expended by the Secretary of Defense to provide motorized
    vehicles, aviation platforms, munitions other than small arms and
    munitions appropriate for customary ceremonial honors, operational
    military units, or operational military platforms if the Secretary
    determines that providing such units, platforms, or equipment would
    undermine the readiness of such units, platforms, or equipment.

        Sec. 8112.  The Secretary of Defense may obligate and expend funds
    made available under this Act for procurement or for research,
    development, test and evaluation for the F-35 Joint Strike Fighter to
    modify up to six F-35 aircraft, including up to two F-35 aircraft of
    each variant, to a test configuration:
    Provided, <<NOTE: Notification. Time period.>>  That the Secretary of
    Defense shall, with the concurrence of the Secretary of the Air Force
    and the Secretary of the Navy, notify the congressional defense
    committees not fewer than 30 days prior to obligating and expending
    funds under this section:  Provided further, That any transfer of funds
    pursuant to the authority provided in this section shall be made in
    accordance with section 8005 of this Act:  Provided further, That
    aircraft referred to previously in this section are not additional to
    aircraft referred to in section 8135 of the Department of Defense
    Appropriations Act, 2019, section 8126 of the Department of Defense
    Appropriations Act, 2020, and section 8122 of the Department of Defense
    Appropriations Act, 2021.

        Sec.
    8113. <<NOTE: Contracts. Memorandum. Grants. Loans. Corporations. Taxes.>>
     (a) None of the funds made available by this or any other Act may be
    used to enter into a contract, memorandum of understanding, or
    cooperative agreement with, make a grant to, or provide a loan or loan
    guarantee to any corporation that has any unpaid Federal tax liability
    that has been assessed, for which all judicial and administrative
    remedies have been exhausted or have lapsed, and that is not being paid
    in a timely manner pursuant to an agreement with the authority
    responsible for collecting such tax liability, provided that the
    applicable Federal agency is aware of the unpaid Federal tax liability.

        (b) <<NOTE: Determination.>>  Subsection (a) shall not apply if the
    applicable Federal agency has considered suspension or debarment of the
    corporation described in such subsection and has made a determination
    that

    [[Page 136 STAT. 203]]

    such suspension or debarment is not necessary to protect the interests
    of the Federal Government.

        Sec. 8114.  None of the funds appropriated or otherwise made
    available by this Act may be used to transfer the National
    Reconnaissance Office to the Space Force:  Provided, That nothing in
    this Act shall be construed to limit or prohibit cooperation,
    collaboration, and coordination between the National Reconnaissance
    Office and the Space Force or any other elements of the Department of
    Defense.
        Sec. 8115. <<NOTE: Reports. Plans. Certification.>>   None of the
    funds appropriated or otherwise made available by this Act may be used
    to transfer any element of the Department of the Army, the Department of
    the Navy, or a Department of Defense agency to the Space Force unless,
    concurrent with the fiscal year 2023 budget submission (as submitted to
    Congress pursuant to section 1105 of title 31, United States Code), the
    Secretary of Defense, not to be delegated, provides a report to the
    Committees on Appropriations of the House of Representatives and the
    Senate, detailing any plans to transfer appropriate space elements of
    the Department of the Army, the Department of the Navy, or a Department
    of Defense agency to the Space Force and certifies in writing to the
    Committees on Appropriations of the House of Representatives and the
    Senate that such transfer is consistent with the mission of the Space
    Force and will not have an adverse impact on the Department or agency
    from which such element is being transferred:  Provided, That such
    report shall include fiscal year 2023 budget and future years defense
    program adjustments associated with such planned transfers.

        Sec. 8116.  None of the funds appropriated or otherwise made
    available by this Act may be used to establish a field operating agency
    of the Space Force.
        Sec. 8117. <<NOTE: 10 USC 2208 note.>>   During fiscal year 2022,
    the monetary limitation imposed by section 2208(l)(3) of title 10,
    United States Code may be exceeded by up to $1,000,000,000.

        Sec. 8118.  Funds appropriated in title I of this Act under headings
    for ``Military Personnel'' may be used for expenses described therein
    for members of the Space Force on active duty:  Provided, That amounts
    appropriated under such headings may be used for payments pursuant to
    section 156 of Public Law 97-377, as amended (42 U.S.C. 402 note), and
    to the Department of Defense Military Retirement Fund.
        Sec. 8119. (a) Amounts appropriated under title IV of this Act, as
    detailed in budget activity eight of the tables in the explanatory
    statement regarding this Act, may be used for expenses for the agile
    research, development, test and evaluation, procurement, production,
    modification, and operation and maintenance, only for the following
    Software and Digital Technology Pilot programs--
                (1) Defensive Cyber--Software Prototype Development (PE
            0608041A);
                (2) Risk Management Information (PE 0608013N);
                (3) Maritime Tactical Command Control (PE 0608231N);
                (4) JSpOC Mission System (PE 1203614SF);
                (5) National Background Investigation Services (PE
            0608197V);
                (6) Global Command and Control System-Joint (PE 0308150K);
                (7) Algorithmic Warfare Cross Functional Team (PE
            0308588D8Z); and

    [[Page 136 STAT. 204]]

                (8) Acquisition Visibility (PE 0608648D8Z).

        (b) None of the funds appropriated by this or prior Department of
    Defense Appropriations Acts may be obligated or expended to initiate
    additional Software and Digital Technology Pilot Programs in fiscal year
    2022.
        Sec. 8120. <<NOTE: Grants.>>   Of the amounts appropriated in this
    Act under the heading ``Operation and Maintenance, Defense-Wide'',
    $75,000,000, to remain available until September 30, 2025:  Provided,
    That such funds shall only be available to the Secretary of Defense,
    acting through the Office of Local Defense Community Cooperation of the
    Department of Defense, to make grants to communities impacted by
    military aviation noise for the purpose of installing noise mitigating
    insulation at covered facilities:  Provided further, That $56,250,000
    shall be allocated to address programs at or near active military
    installations:  Provided further, That $18,750,000 shall be allocated
    for programs at or near reserve component installations, of which
    $5,000,000 shall be for grants to communities for which a nearby
    military installation has transitioned to a new type or model of
    aircraft after January 1, 2019:  Provided further, <<NOTE: Contracts.>>
    That, to be eligible to receive a grant under the program, a community
    must enter into an agreement with the Secretary under which the
    community prioritizes the use of funds for the installation of noise
    mitigation at covered facilities in the community:  Provided further,
    That as a condition of receiving funds under this section a State or
    local entity shall provide a matching share of ten percent:  Provided
    further, That grants under the program may be used to meet the Federal
    match requirement under the airport improvement program established
    under subchapter I of chapter 471 and subchapter I of chapter 475 of
    title 49, United States Code:  Provided
    further, <<NOTE: Coordination.>>  That, in carrying out the program, the
    Secretary of Defense shall coordinate with the Secretary of
    Transportation to minimize duplication of efforts with any other noise
    mitigation program compliant with part 150 of title 14, Code of Federal
    Regulations:  Provided further, <<NOTE: Definition. Determination.>>
    That, in this section, the term ``covered facilities'' means hospitals,
    daycare facilities, schools, facilities serving senior citizens, and
    private residences that are located within one mile or a day-night
    average sound level of 65 or greater of a military installation or
    another location at which military aircraft are stationed or are located
    in an area impacted by military aviation noise within one mile or a day-
    night average sound level of 65 or greater, as determined by the
    Department of Defense or Federal Aviation Administration noise modeling
    programs.

        Sec. 8121.  None of the funds made available in this Act may be used
    in contravention of the following laws enacted or regulations
    promulgated to implement the United Nations Convention Against Torture
    and Other Cruel, Inhuman or Degrading Treatment or Punishment (done at
    New York on December 10, 1984):
                (1) Section 2340A of title 18, United States Code.
                (2) Section 2242 of the Foreign Affairs Reform and
            Restructuring Act of 1998 (division G of Public Law 105-277; 112
            Stat. 2681-822; 8 U.S.C. 1231 note) and regulations prescribed
            thereto, including regulations under part 208 of title 8, Code
            of Federal Regulations, and part 95 of title 22, Code of Federal
            Regulations.

    [[Page 136 STAT. 205]]

                (3) Sections 1002 and 1003 of the Department of Defense,
            Emergency Supplemental Appropriations to Address Hurricanes in
            the Gulf of Mexico, and Pandemic Influenza Act, 2006 (Public Law
            109-148).

        Sec. 8122. <<NOTE: Kuwait.>>   During the current fiscal year, the
    Department of Defense is authorized to incur obligations of not to
    exceed $350,000,000 for purposes specified in section 2350j(c) of title
    10, United States Code, in anticipation of receipt of contributions,
    only from the Government of Kuwait, under that section:  Provided, That,
    upon receipt, such contributions from the Government of Kuwait shall be
    credited to the appropriations or fund which incurred such obligations.

        Sec. 8123. <<NOTE: Notifications. Deadlines.>>   The Secretary of
    Defense shall notify the congressional defense committees in writing not
    more than 30 days after the receipt of any contribution of funds
    received from the government of a foreign country for any purpose
    relating to the stationing or operations of the United States Armed
    Forces:  Provided, That such notification shall include the amount of
    the contribution; the purpose for which such contribution was made; and
    the authority under which such contribution was accepted by the
    Secretary of Defense:  Provided further, That not fewer than 15 days
    prior to obligating such funds, the Secretary of Defense shall submit to
    the congressional defense committees in writing a notification of the
    planned use of such contributions, including whether such contributions
    would support existing or new stationing or operations of the United
    States Armed Forces.

        Sec. 8124.  From funds made available in title II of this Act, the
    Secretary of Defense may purchase for use by military and civilian
    employees of the Department of Defense in the United States Central
    Command area of responsibility: (1) passenger motor vehicles up to a
    limit of $75,000 per vehicle; and (2) heavy and light armored vehicles
    for the physical security of personnel or for force protection purposes
    up to a limit of $450,000 per vehicle, notwithstanding price or other
    limitations applicable to the purchase of passenger carrying vehicles.
        Sec. 8125.  None of the funds made available by this Act may be used
    in contravention of the War Powers Resolution (50 U.S.C. 1541 et seq.).
        Sec. 8126. <<NOTE: Iraq.>>   None of the funds made available by
    this Act may be used with respect to Iraq in contravention of the War
    Powers Resolution (50 U.S.C. 1541 et seq.), including for the
    introduction of United States Armed Forces into hostilities in Iraq,
    into situations in Iraq where imminent involvement in hostilities is
    clearly indicated by the circumstances, or into Iraqi territory,
    airspace, or waters while equipped for combat, in contravention of the
    congressional consultation and reporting requirements of sections 3 and
    4 of such Resolution (50 U.S.C. 1542 and 1543).

        Sec. 8127. <<NOTE: Syria.>>   None of the funds made available by
    this Act may be used with respect to Syria in contravention of the War
    Powers Resolution (50 U.S.C. 1541 et seq.), including for the
    introduction of United States armed or military forces into hostilities
    in Syria, into situations in Syria where imminent involvement in
    hostilities is clearly indicated by the circumstances, or into Syrian
    territory, airspace, or waters while equipped for combat, in
    contravention of the congressional consultation and reporting
    requirements of sections 3 and 4 of that law (50 U.S.C. 1542 and 1543).

    [[Page 136 STAT. 206]]

        Sec. 8128. <<NOTE: Iran. North Korea.>>   Nothing in this Act may be
    construed as authorizing the use of force against Iran or the Democratic
    People's Republic of Korea.

        Sec. 8129. <<NOTE: Iraq.>>   None of the funds appropriated or
    otherwise made available by this or any other Act shall be obligated or
    expended by the United States Government for a purpose as follows:
                (1) To establish any military installation or base for the
            purpose of providing for the permanent stationing of United
            States Armed Forces in Iraq.
                (2) <<NOTE: Syria.>>  To exercise United States control over
            any oil resource of Iraq or Syria.

        Sec. 8130.  None of the funds made available by this Act under the
    heading ``Counter-ISIS Train and Equip Fund'', and under the heading
    ``Operation and Maintenance, Defense-Wide'' for Department of Defense
    security cooperation grant programs, may be used to procure or transfer
    man-portable air defense systems.
        Sec. 8131. <<NOTE: Child soldiers.>>   None of the funds made
    available by this Act for excess defense articles, assistance under
    section 333 of title 10, United States Code, or peacekeeping operations
    for the countries designated annually to be in violation of the
    standards of the Child Soldiers Prevention Act of 2008 (Public Law 110-
    457; 22 U.S.C. 2370c-1) may be used to support any military training or
    operation that includes child soldiers, as defined by the Child Soldiers
    Prevention Act of 2008, unless such assistance is otherwise permitted
    under section 404 of the Child Soldiers Prevention Act of 2008.

        Sec. 8132. <<NOTE: Taliban.>>   None of the funds made available by
    this Act may be made available for any member of the Taliban.

        Sec. 8133.  Notwithstanding any other provision of law, any transfer
    of funds, appropriated or otherwise made available by this Act, for
    support to friendly foreign countries in connection with the conduct of
    operations in which the United States is not participating, pursuant to
    section 331(d) of title 10, United States Code, shall be made in
    accordance with section 8005 of this Act.
        Sec. 8134.  Funds appropriated in this Act under the heading
    ``Operation and Maintenance, Defense-Wide'', for the Defense Security
    Cooperation Agency, may be used, notwithstanding any other provision of
    law, to provide supplies, services, transportation, including airlift
    and sealift, and other logistical support to coalition forces to counter
    the Islamic State of Iraq and Syria:  Provided, That the Secretary of
    Defense <<NOTE: Reports.>>  shall provide quarterly reports to the
    congressional defense committees regarding support provided under this
    section.

        Sec. 8135.  Of the amounts appropriated in this Act under the
    heading ``Operation and Maintenance, Defense-Wide'', for the Defense
    Security Cooperation Agency, $1,299,386,000, to remain available until
    September 30, 2023, shall be available for International Security
    Cooperation Programs and other programs to provide support and
    assistance to foreign security forces or other groups or individuals to
    conduct, support or facilitate counterterrorism, crisis response, or
    building partner capacity programs:  Provided, <<NOTE: Time
    period. Notification.>>  That the Secretary of Defense shall, not less
    than 15 days prior to obligating funds made available in this section,
    notify the congressional defense committees in writing of the details of
    any planned obligation:  Provided further, <<NOTE: Reports.>>  That the
    Secretary of

    [[Page 136 STAT. 207]]

    Defense shall provide quarterly reports to the Committees on
    Appropriations of the House of Representatives and the Senate on the use
    and status of funds made available in this section.

        Sec. 8136.  Of the amounts appropriated in this Act under the
    heading ``Operation and Maintenance, Defense-Wide'', for the Defense
    Security Cooperation Agency, $50,000,000, to remain available until
    September 30, 2023, shall be for payments to reimburse key cooperating
    nations for logistical, military, and other support, including access,
    provided to United States military and stability operations in
    Afghanistan and to counter the Islamic State of Iraq and Syria:
    Provided, <<NOTE: Consultation. Determinations. Deadline. Notification.>>
     That such reimbursement payments may be made in such amounts as the
    Secretary of Defense, with the concurrence of the Secretary of State,
    and in consultation with the Director of the Office of Management and
    Budget, may determine, based on documentation determined by the
    Secretary of Defense to adequately account for the support provided, and
    such determination is final and conclusive upon the accounting officers
    of the United States, and 15 days following written notification to the
    appropriate congressional committees:  Provided
    further, <<NOTE: Deadline. Notification.>>  That these funds may be used
    for the purpose of providing specialized training and procuring supplies
    and specialized equipment and providing such supplies and loaning such
    equipment on a non-reimbursable basis to coalition forces supporting
    United States military and stability operations in Afghanistan and to
    counter the Islamic State of Iraq and Syria, and 15 days following
    written notification to the appropriate congressional committees:
    Provided further, <<NOTE: Reports.>>  That the Secretary of Defense
    shall provide quarterly reports to the Committees on Appropriations of
    the House of Representatives and the Senate on the use and status of
    funds made available in this section.

        Sec. 8137.  Of the amounts appropriated in this Act under the
    heading ``Operation and Maintenance, Defense-Wide'', for the Defense
    Security Cooperation Agency, $370,000,000, to remain available until
    September 30, 2023, shall be available to reimburse Jordan, Lebanon,
    Egypt, Tunisia, and Oman under section 1226 of the National Defense
    Authorization Act for Fiscal Year 2016 (22 U.S.C. 2151 note), for
    enhanced border security, of which not less than $150,000,000 shall be
    for Jordan:  Provided, <<NOTE: Time period. Notification.>>  That the
    Secretary of Defense shall, not less than 15 days prior to obligating
    funds made available in this section, notify the congressional defense
    committees in writing of the details of any planned obligation and the
    nature of the expenses incurred:  Provided further, That the
    Secretary <<NOTE: Reports.>> of Defense shall provide quarterly reports
    to the Committees on Appropriations of the House of Representatives and
    the Senate on the use and status of funds made available in this
    section.

        Sec. 8138.  Up to $500,000,000 of funds appropriated by this Act for
    the Defense Security Cooperation Agency in ``Operation and Maintenance,
    Defense-Wide'' may be used to provide assistance to the Government of
    Jordan to support the armed forces of Jordan and to enhance security
    along its borders.
        Sec. 8139. <<NOTE: Ukraine.>>   Of the amounts appropriated in this
    Act under the heading ``Operation and Maintenance, Defense-Wide'', for
    the Defense Security Cooperation Agency, $300,000,000, to remain
    available until September 30, 2023, shall be for the Ukraine Security
    Assistance Initiative:  Provided, That such funds shall be available to
    the Secretary of Defense, with the concurrence of the Secretary of
    State, to provide assistance, including training; equipment;

    [[Page 136 STAT. 208]]

    lethal assistance; logistics support, supplies and services; salaries
    and stipends; sustainment; and intelligence support to the military and
    national security forces of Ukraine, and to other forces or groups
    recognized by and under the authority of the Government of Ukraine,
    including governmental entities within Ukraine, engaged in resisting
    Russian aggression against Ukraine, for replacement of any weapons or
    articles provided to the Government of Ukraine from the inventory of the
    United States, and to recover or dispose of equipment procured using
    funds made available in this section in this or prior Acts:  Provided
    further, That such funds may be obligated and expended notwithstanding
    section 1250 of the National Defense Authorization Act for Fiscal Year
    2016 (Public Law 114-92):  Provided further, <<NOTE: Time
    period. Determination. Notification.>>  That the Secretary of Defense
    shall, not less than 15 days prior to obligating funds made available in
    this section (or if the Secretary of Defense determines, on a case-by-
    case basis, that extraordinary circumstances exist that impact the
    national security of the United States, as far in advance as is
    practicable) notify the congressional defense committees in writing of
    the details of any such obligation:  Provided further, That
    the <<NOTE: Deadline.>> Secretary of Defense shall, not more than 60
    days after such notification is made, inform such committees if such
    funds have not been obligated and the reasons therefor:  Provided
    further, That the <<NOTE: Consultation.>> Secretary of Defense shall
    consult with such committees in advance of the provision of support
    provided to other forces or groups recognized by and under the authority
    of the Government of Ukraine:  Provided further, That the United States
    may accept equipment procured using funds made available in this section
    in this or prior Acts transferred to the security forces of Ukraine and
    returned by such forces to the United States:  Provided further, That
    equipment <<NOTE: Notification.>> procured using funds made available in
    this section in this or prior Acts, and not yet transferred to the
    military or national security forces of Ukraine or to other assisted
    entities, or returned by such forces or other assisted entities to the
    United States, may be treated as stocks of the Department of Defense
    upon written notification to the congressional defense committees:
    Provided further, That the Secretary of <<NOTE: Reports.>>  Defense
    shall provide quarterly reports to the congressional defense committees
    on the use and status of funds made available in this section.

        Sec. 8140. <<NOTE: Rosoboronexport.>>  (a) None of the funds
    appropriated or otherwise made available by this or any other Act may be
    used by the Secretary of Defense, or any other official or officer of
    the Department of Defense, to enter into a contract, memorandum of
    understanding, or cooperative agreement with, or make a grant to, or
    provide a loan or loan guarantee to Rosoboronexport or any subsidiary of
    Rosoboronexport.

        (b) <<NOTE: Waiver
    authority. Consultation. Determination. Certification. Russia. Ukraine.>>
     The Secretary of Defense may waive the limitation in subsection (a) if
    the Secretary, in consultation with the Secretary of State and the
    Director of National Intelligence, determines that it is in the vital
    national security interest of the United States to do so, and certifies
    in writing to the congressional defense committees that--
                (1) <<NOTE: Syria.>>  Rosoboronexport has ceased the
            transfer of lethal military equipment to, and the maintenance of
            existing lethal military equipment for, the Government of the
            Syrian Arab Republic;

    [[Page 136 STAT. 209]]

                (2) the armed forces of the Russian Federation have
            withdrawn from Crimea, other than armed forces present on
            military bases subject to agreements in force between the
            Government of the Russian Federation and the Government of
            Ukraine; and
                (3) agents of the Russian Federation have ceased taking
            active measures to destabilize the control of the Government of
            Ukraine over eastern Ukraine.

        (c) <<NOTE: Review. Reports.>>  The Inspector General of the
    Department of Defense shall conduct a review of any action involving
    Rosoboronexport with respect to a waiver issued by the Secretary of
    Defense pursuant to subsection (b), and not later than 90 days after the
    date on which such a waiver is issued by the Secretary of Defense, the
    Inspector General shall submit to the congressional defense committees a
    report containing the results of the review conducted with respect to
    such waiver.

        Sec. 8141. <<NOTE: Azov Battalion.>>   None of the funds made
    available by this Act may be used to provide arms, training, or other
    assistance to the Azov Battalion.

        Sec. 8142.  In addition to amounts provided elsewhere in this Act,
    there is appropriated $1,000,000,000, for an additional amount for
    ``Procurement, Defense-Wide'', to remain available until September 30,
    2024, which shall be for the Secretary of Defense to provide to the
    Government of Israel for the procurement of the Iron Dome defense system
    to counter short-range rocket threats:  Provided, That such funds shall
    be transferred pursuant to an exchange of letters and are in addition to
    funds provided pursuant to the U.S.-Israel Iron Dome Procurement
    Agreement, as amended:  Provided further, That nothing in the preceding
    proviso shall be construed to apply to appropriations in this or prior
    Acts for the procurement of the Iron Dome defense system.
        Sec. 8143.  None of the funds appropriated or otherwise made
    available by this Act may be used in contravention of the First
    Amendment of the Constitution.
        Sec. 8144. <<NOTE: Wuhan Institute of Virology.>>   None of the
    funds appropriated or made available in this Act shall be used to
    support any activity conducted by, or associated with, the Wuhan
    Institute of Virology.

        Sec. 8145. <<NOTE: Khalid Sheikh Mohammed. Detainees.>>   None of
    the funds appropriated or otherwise made available in this or any other
    Act may be used to transfer, release, or assist in the transfer or
    release to or within the United States, its territories, or possessions
    Khalid Sheikh Mohammed or any other detainee who--
                (1) is not a United States citizen or a member of the Armed
            Forces of the United States; and
                (2) <<NOTE: Cuba.>>  is or was held on or after June 24,
            2009, at United States Naval Station, Guantanamo Bay, Cuba, by
            the Department of Defense.

        Sec. 8146. <<NOTE: Detainees. Cuba.>>   None of the funds
    appropriated or otherwise made available in this Act may be used to
    transfer any individual detained at United States Naval Station
    Guantanamo Bay, Cuba, to the custody or control of the individual's
    country of origin, any other foreign country, or any other foreign
    entity except in accordance with section 1034 of the National Defense
    Authorization Act for Fiscal Year 2016 (Public Law 114-92) and section
    1035 of the John S. McCain National Defense Authorization Act for Fiscal
    Year 2019 (Public Law 115-232).

    [[Page 136 STAT. 210]]

        Sec. 8147. (a) <<NOTE: Detainees. Cuba.>> None of the funds
    appropriated or otherwise made available in this or any other Act may be
    used to construct, acquire, or modify any facility in the United States,
    its territories, or possessions to house any individual described in
    subsection (c) for the purposes of detention or imprisonment in the
    custody or under the effective control of the Department of Defense.

        (b) The prohibition in subsection (a) shall not apply to any
    modification of facilities at United States Naval Station, Guantanamo
    Bay, Cuba.
        (c) An individual described in this subsection is any individual
    who, as of June 24, 2009, is located at United States Naval Station,
    Guantanamo Bay, Cuba, and who--
                (1) is not a citizen of the United States or a member of the
            Armed Forces of the United States; and
                (2) is--
                        (A) in the custody or under the effective control of
                    the Department of Defense; or
                        (B) otherwise under detention at United States Naval
                    Station, Guantanamo Bay, Cuba.

        Sec. 8148. <<NOTE: Cuba.>>   None of the funds made available by
    this Act may be used to carry out the closure or realignment of the
    United States Naval Station, Guantanamo Bay, Cuba.

        Sec. 8149.  Section 165 of the Continuing Appropriations Act, 2022
    (division A of Public Law 117-43) <<NOTE: Ante, p. 16.>>  shall be
    amended by striking ``$53,000,000'' and inserting ``$85,250,000''.

        Sec. 8150.  In addition to amounts otherwise made available, there
    is appropriated $100,000,000 to the Department of Defense, to remain
    available until expended, for the same purposes and under the same
    authorities and conditions as amounts made available in section 165(c)
    of the Continuing Appropriations Act, 2022 (division A of Public Law
    117-43).
        Sec. 8151. (a) Commission on Planning, Programming, Budgeting, and
    Execution Reform.--Section 1004 of the National Defense Authorization
    Act for Fiscal Year 2022 (Public Law 117-81; 135 Stat. 1884) is
    amended--
                (1) in subsection (a)(2), by striking ``not later''; and
                (2) <<NOTE: 135 Stat. 1885.>>  in subsection (b)--
                        (A) in paragraph (3), by striking ``30'' and
                    inserting ``45''; and
                        (B) in paragraph (4), by striking ``subsection
                    (a)(2)'' and inserting ``paragraph (3)''.

        (b) Afghanistan War Commission.--Section 1094 of the National
    Defense Authorization Act for Fiscal Year 2022 (Public Law 117-81; 135
    Stat. 1942) is amended--
                (1) <<NOTE: 135 Stat. 1937.>>  in subsection (c)(2)(D)(i),
            by striking ``60'' and inserting ``90''; and
                (2) <<NOTE: 135 Stat. 1942.>>  in subsection (f)(5)(B)(ii),
            by striking ``subsection (g)(1)'' and inserting ``clause (i)''.

        (c) Congressional Commission on the Strategic Posture of the United
    States.--Section 1687 of the National Defense Authorization Act for
    Fiscal Year 2022 (Public Law 117-81; 135 Stat. 2126) is amended--
                (1) in subsection (b)--
                        (A) in paragraph (2)(A)(ii), by inserting ``(other
                    than experts or consultants the services of which are
                    procured under section 3109 of title 5, United States
                    Code)'' after ``Federal Government''; and

    [[Page 136 STAT. 211]]

                        (B) in paragraph (3)(A), by striking ``45 days after
                    the date of the enactment of this Act'' and inserting
                    ``April 11, 2022''; and
                (2) <<NOTE: 135 Stat. 2128.>>  in subsection (d)(1), by
            striking ``December 31, 2022'' and inserting ``February 28,
            2023''.

        This division may be cited as the ``Department of Defense
    Appropriations Act, 2022''.

      DIVISION D <<NOTE: Energy and Water Development and Related Agencies
     Appropriations Act, 2022.>> --ENERGY AND WATER DEVELOPMENT AND RELATED
    AGENCIES APPROPRIATIONS ACT, 2022

                                     TITLE I

                            CORPS OF ENGINEERS--CIVIL

                             DEPARTMENT OF THE ARMY

                            Corps of Engineers--Civil

        The following appropriations shall be expended under the direction
    of the Secretary of the Army and the supervision of the Chief of
    Engineers for authorized civil functions of the Department of the Army
    pertaining to river and harbor, flood and storm damage reduction, shore
    protection, aquatic ecosystem restoration, and related efforts.

                                 investigations

         For expenses necessary where authorized by law for the collection
    and study of basic information pertaining to river and harbor, flood and
    storm damage reduction, shore protection, aquatic ecosystem restoration,
    and related needs; for surveys and detailed studies, and plans and
    specifications of proposed river and harbor, flood and storm damage
    reduction, shore protection, and aquatic ecosystem restoration projects,
    and related efforts prior to construction; for restudy of authorized
    projects; and for miscellaneous investigations, and, when authorized by
    law, surveys and detailed studies, and plans and specifications of
    projects prior to construction, $143,000,000, to remain available until
    expended:  Provided, That the <<NOTE: Work plan.>> Secretary shall not
    deviate from the work plan, once the plan has been submitted to the
    Committees on Appropriations of both Houses of Congress.

                                  construction

         For expenses necessary for the construction of river and harbor,
    flood and storm damage reduction, shore protection, aquatic ecosystem
    restoration, and related projects authorized by law; for conducting
    detailed studies, and plans and specifications, of such projects
    (including those involving participation by States, local governments,
    or private groups) authorized or made eligible for selection by law (but
    such detailed studies, and plans and specifications, shall not
    constitute a commitment of the Government to construction);
    $2,492,800,000, to remain available until expended; of which
    $97,539,000, to be derived from the Harbor Maintenance Trust Fund, shall
    be to cover the Federal share of construction costs for facilities under
    the Dredged Material Disposal Facilities program; and of which such sums
    as are necessary to cover 35

    [[Page 136 STAT. 212]]

    percent of the costs of construction, replacement, rehabilitation, and
    expansion of inland waterways projects shall be derived from the Inland
    Waterways Trust Fund, except as otherwise specifically provided for in
    law:  Provided, <<NOTE: Work plan.>> That the Secretary shall not
    deviate from the work plan, once the plan has been submitted to the
    Committees on Appropriations of both Houses of Congress.

                        mississippi river and tributaries

         For expenses necessary for flood damage reduction projects and
    related efforts in the Mississippi River alluvial valley below Cape
    Girardeau, Missouri, as authorized by law, $370,000,000, to remain
    available until expended, of which $10,312,000, to be derived from the
    Harbor Maintenance Trust Fund, shall be to cover the Federal share of
    eligible operation and maintenance costs for inland harbors:
    Provided, <<NOTE: Work plan.>>  That the Secretary shall not deviate
    from the work plan, once the plan has been submitted to the Committees
    on Appropriations of both Houses of Congress.

                            operation and maintenance

        For expenses necessary for the operation, maintenance, and care of
    existing river and harbor, flood and storm damage reduction, aquatic
    ecosystem restoration, and related projects authorized by law; providing
    security for infrastructure owned or operated by the Corps, including
    administrative buildings and laboratories; maintaining harbor channels
    provided by a State, municipality, or other public agency that serve
    essential navigation needs of general commerce, where authorized by law;
    surveying and charting northern and northwestern lakes and connecting
    waters; clearing and straightening channels; and removing obstructions
    to navigation, $4,570,000,000, to remain available until expended, of
    which $1,941,442,000, to be derived from the Harbor Maintenance Trust
    Fund, shall be to cover the Federal share of eligible operations and
    maintenance costs for coastal harbors and channels, and for inland
    harbors; of which such sums as become available from the special account
    for the Corps of Engineers established by the Land and Water
    Conservation Fund Act of 1965 shall be derived from that account for
    resource protection, research, interpretation, and maintenance
    activities related to resource protection in the areas at which outdoor
    recreation is available; of which such sums as become available from
    fees collected under section 217 of Public Law 104-303 shall be used to
    cover the cost of operation and maintenance of the dredged material
    disposal facilities for which such fees have been collected; and of
    which $50,000,000, to be derived from the general fund of the Treasury,
    shall be to carry out subsection (c) of section 2106 of the Water
    Resources Reform and Development Act of 2014 (33 U.S.C. 2238c) and shall
    be designated as being for such purpose pursuant to paragraph (2)(B) of
    section 14003 of division B of the Coronavirus Aid, Relief, and Economic
    Security Act (Public Law 116-136):  Provided, <<NOTE: Time
    period. Determination. Allocation.>>  That 1 percent of the total amount
    of funds provided for each of the programs, projects, or activities
    funded under this heading shall not be allocated to a field operating
    activity prior to the beginning of the fourth quarter of the fiscal year
    and shall be available for use by the Chief of Engineers to fund such
    emergency activities as the Chief of Engineers determines to be
    necessary and appropriate, and that the Chief of Engineers shall
    allocate during the

    [[Page 136 STAT. 213]]

    fourth quarter any remaining funds which have not been used for
    emergency activities proportionally in accordance with the amounts
    provided for the programs, projects, or activities:  Provided
    further, <<NOTE: Work plan.>>  That the Secretary shall not deviate from
    the work plan, once the plan has been submitted to the Committees on
    Appropriations of both Houses of Congress:  Provided further, That none
    of the funds provided under this heading in this Act may be used for the
    projects specified in the table referenced in the succeeding proviso:
    Provided further, That in addition to any amounts otherwise available
    for necessary expenses to dredge Federal navigation projects in response
    to, and repair damages to Corps of Engineers Federal projects caused by,
    natural disasters, available amounts provided under the heading
    ``Operation and Maintenance'' in title IV of the Disaster Relief
    Supplemental Appropriations Act, 2022 shall be used for such purposes in
    the amounts specified and for the projects specified in the table titled
    ``Corps of Engineers--Damage Repairs'' in the explanatory statement
    described in section 4 (in the matter preceding division A of this
    consolidated Act):  Provided further, That expenditures made or
    obligations incurred under the heading ``Corps of Engineers--Civil--
    Operation and Maintenance'' pursuant to the Continuing Appropriations
    Act, 2022 for necessary expenses to dredge Federal navigation projects
    in response to, and repair damages to Corps of Engineers Federal
    projects caused by, natural disasters shall be charged to available
    amounts provided under the heading ``Operation and Maintenance'' in
    title IV of the Disaster Relief Supplemental Appropriations Act, 2022,
    consistent with the preceding proviso:  Provided further, That each
    amount repurposed under this heading in this Act that was previously
    designated by the Congress as an emergency requirement pursuant to the
    Balanced Budget and Emergency Deficit Control Act of 1985 or a
    concurrent resolution on the budget is designated by the Congress as an
    emergency requirement pursuant to section 4001(a)(1) and section 4001(b)
    of S. Con. Res. 14 (117th Congress), the concurrent resolution on the
    budget for fiscal year 2022.

                               regulatory program

         For expenses necessary for administration of laws pertaining to
    regulation of navigable waters and wetlands, $212,000,000, to remain
    available until September 30, 2023.

                 formerly utilized sites remedial action program

         For expenses necessary to clean up contamination from sites in the
    United States resulting from work performed as part of the Nation's
    early atomic energy program, $300,000,000, to remain available until
    expended.

                      flood control and coastal emergencies

         For expenses necessary to prepare for flood, hurricane, and other
    natural disasters and support emergency operations, repairs, and other
    activities in response to such disasters as authorized by law,
    $35,000,000, to remain available until expended.

    [[Page 136 STAT. 214]]

                                    expenses

        For expenses necessary for the supervision and general
    administration of the civil works program in the headquarters of the
    Corps of Engineers and the offices of the Division Engineers; and for
    costs of management and operation of the Humphreys Engineer Center
    Support Activity, the Institute for Water Resources, the United States
    Army Engineer Research and Development Center, and the United States
    Army Corps of Engineers Finance Center allocable to the civil works
    program, $208,000,000, to remain available until September 30, 2023, of
    which not to exceed $5,000 may be used for official reception and
    representation purposes and only during the current fiscal year:
    Provided, That no part of any other appropriation provided in this title
    shall be available to fund the civil works activities of the Office of
    the Chief of Engineers or the civil works executive direction and
    management activities of the division offices:  Provided further, That
    any Flood Control and Coastal Emergencies appropriation may be used to
    fund the supervision and general administration of emergency operations,
    repairs, and other activities in response to any flood, hurricane, or
    other natural disaster.

          office of the assistant secretary of the army for civil works

         For the Office of the Assistant Secretary of the Army for Civil
    Works as authorized by 10 U.S.C. 3016(b)(3), $5,000,000, to remain
    available until September 30, 2023:  Provided, <<NOTE: Reports. Work
    plan.>>  That not more than 75 percent of such amount may be obligated
    or expended until the Assistant Secretary submits to the Committees on
    Appropriations of both Houses of Congress the report required under
    section 101(d) of this Act and a work plan that allocates at least 95
    percent of the additional funding provided under each heading in the
    explanatory statement described in section 4 (in the matter preceding
    division A of this consolidated Act), to specific programs, projects, or
    activities.

           water infrastructure finance and innovation program account

        For the cost of direct loans and for the cost of guaranteed loans,
    as authorized by the Water Infrastructure Finance and Innovation Act of
    2014, $5,000,000, to remain available until expended, for safety
    projects to maintain, upgrade, and repair dams identified in the
    National Inventory of Dams with a primary owner type of state, local
    government, public utility, or private:  Provided, That no project may
    be funded with amounts provided under this heading for a dam that is
    identified as jointly owned in the National Inventory of Dams and where
    one of those joint owners is the Federal Government:  Provided further,
    That such costs, including the cost of modifying such loans, shall be as
    defined in section 502 of the Congressional Budget Act of 1974:
    Provided further, That these funds are available to subsidize gross
    obligations for the principal amount of direct loans, including
    capitalized interest, and total loan principal, including capitalized
    interest, any part of which is to be guaranteed, not to exceed
    $500,000,000:  Provided
    further, <<NOTE: Consultation. Reports. Analyses. Determinations. Estimat
    es. Regulations.>> That within 30 days of enactment of this Act, the
    Secretary, in consultation with the Office of Management and Budget,
    shall transmit a report to the Committees on Appropriations of the House

    [[Page 136 STAT. 215]]

    of Representatives and the Senate that provides: (1) an analysis of how
    subsidy rates will be determined for loans financed by appropriations
    provided under this heading in this Act; (2) a comparison of the factors
    that will be considered in estimating subsidy rates for loans financed
    under this heading in this Act with factors that will be considered in
    estimates of subsidy rates for other projects authorized by the Water
    Infrastructure Finance and Innovation Act of 2014, including an analysis
    of how both sets of rates will be determined; and (3) an analysis of the
    process for developing draft regulations for the Water Infrastructure
    Finance and Innovation program, including a crosswalk from the statutory
    requirements for such program, and a timetable for publishing such
    regulations:  Provided further, <<NOTE: Loans. Criteria.>>  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, <<NOTE: Loans. Certification. Compliance.>>  That none of the
    direct loans or loan guarantee authority made available under this
    heading shall be available for any project unless the Secretary and the
    Director of the Office of Management and Budget have certified in
    advance in writing that the direct loan or loan guarantee, as
    applicable, and the project comply with the criteria referenced in the
    previous proviso:  Provided further, That any references to the
    Environmental Protection Agency (EPA) or the Administrator in the
    criteria referenced in the previous two provisos shall be deemed to be
    references to the Army Corps of Engineers or the Secretary of the Army,
    respectively, for purposes of the direct loans or loan guarantee
    authority made available under this heading:  Provided further, That for
    the purposes of carrying out the Congressional Budget Act of 1974, the
    Director of the Congressional Budget Office may request, and the
    Secretary shall promptly provide, documentation and information relating
    to a project identified in a Letter of Interest submitted to the
    Secretary pursuant to a Notice of Funding Availability for applications
    for credit assistance under the Water Infrastructure Finance and
    Innovation Act Program, including with respect to a project that was
    initiated or completed before the date of enactment of this Act.

        In addition, fees authorized to be collected pursuant to sections
    5029 and 5030 of the Water Infrastructure Finance and Innovation Act of
    2014 shall be deposited in this account, to remain available until
    expended.
        In addition, for administrative expenses to carry out the direct and
    guaranteed loan programs, $2,200,000, to remain available until
    September 30, 2023.

                  GENERAL PROVISIONS--CORPS OF ENGINEERS--CIVIL

                          (including transfer of funds)

        Sec. 101. (a) None of the funds provided in title I of this Act, or
    provided by previous appropriations Acts to the agencies or entities
    funded in title I of this Act that remain available for obligation or
    expenditure in fiscal year 2022, shall be available

    [[Page 136 STAT. 216]]

    for obligation or expenditure through a reprogramming of funds that:
                (1) creates or initiates a new program, project, or
            activity;
                (2) eliminates a program, project, or activity;
                (3) <<NOTE: Advance approval.>>  increases funds or
            personnel for any program, project, or activity for which funds
            have been denied or restricted by this Act, unless prior
            approval is received from the Committees on Appropriations of
            both Houses of Congress;
                (4) <<NOTE: Advance approval.>>  proposes to use funds
            directed for a specific activity for a different purpose, unless
            prior approval is received from the Committees on Appropriations
            of both Houses of Congress;
                (5) <<NOTE: Advance approval.>>  augments or reduces
            existing programs, projects, or activities in excess of the
            amounts contained in paragraphs (6) through (10), unless prior
            approval is received from the Committees on Appropriations of
            both Houses of Congress;
                (6) Investigations.--For a base level over $100,000,
            reprogramming of 25 percent of the base amount up to a limit of
            $150,000 per project, study or activity is allowed:  Provided,
            That for a base level less than $100,000, the reprogramming
            limit is $25,000:  Provided further, That up to $25,000 may be
            reprogrammed into any continuing study or activity that did not
            receive an appropriation for existing obligations and
            concomitant administrative expenses;
                (7) Construction.--For a base level over $2,000,000,
            reprogramming of 15 percent of the base amount up to a limit of
            $3,000,000 per project, study or activity is allowed:  Provided,
            That for a base level less than $2,000,000, the reprogramming
            limit is $300,000:  Provided further, That up to $3,000,000 may
            be reprogrammed for settled contractor claims, changed
            conditions, or real estate deficiency judgments:  Provided
            further, That up to $300,000 may be reprogrammed into any
            continuing study or activity that did not receive an
            appropriation for existing obligations and concomitant
            administrative expenses;
                (8) Operation and maintenance.--Unlimited reprogramming
            authority is granted for the Corps to be able to respond to
            emergencies:  Provided, That <<NOTE: Notification.>> the Chief
            of Engineers shall notify the Committees on Appropriations of
            both Houses of Congress of these emergency actions as soon
            thereafter as practicable:  Provided further, That for a base
            level over $1,000,000, reprogramming of 15 percent of the base
            amount up to a limit of $5,000,000 per project, study, or
            activity is allowed:  Provided further, That for a base level
            less than $1,000,000, the reprogramming limit is $150,000:
            Provided further, That $150,000 may be reprogrammed into any
            continuing study or activity that did not receive an
            appropriation;
                (9) <<NOTE: Guidelines. Applicability.>>  Mississippi river
            and tributaries.--The reprogramming guidelines in paragraphs
            (6), (7), and (8) shall apply to the Investigations,
            Construction, and Operation and Maintenance portions of the
            Mississippi River and Tributaries Account, respectively; and
                (10) Formerly utilized sites remedial action program.--
            Reprogramming of up to 15 percent of the base of the receiving
            project is permitted.

        (b) De Minimus Reprogrammings.--In no case should a reprogramming
    for less than $50,000 be submitted to the Committees on Appropriations
    of both Houses of Congress.

    [[Page 136 STAT. 217]]

        (c) Continuing Authorities Program.--Subsection (a)(1) shall not
    apply to any project or activity funded under the continuing authorities
    program.
        (d) <<NOTE: Reports.>>  Not later than 60 days after the date of
    enactment of this Act, the Secretary shall submit a report to the
    Committees on Appropriations of both Houses of Congress to establish the
    baseline for application of reprogramming and transfer authorities for
    the current fiscal year which shall include:
                (1) A table for each appropriation with a separate column to
            display the President's budget request, adjustments made by
            Congress, adjustments due to enacted rescissions, if applicable,
            and the fiscal year enacted level; and
                (2) A delineation in the table for each appropriation both
            by object class and program, project and activity as detailed in
            the budget appendix for the respective appropriations; and
                (3) An identification of items of special congressional
            interest.

        Sec. 102. <<NOTE: Allocation.>>   The Secretary shall allocate funds
    made available in this Act solely in accordance with the provisions of
    this Act and in the explanatory statement described in section 4 (in the
    matter preceding division A of this consolidated Act).

        Sec. 103. <<NOTE: Contracts.>>   None of the funds made available in
    this title may be used to award or modify any contract that commits
    funds beyond the amounts appropriated for that program, project, or
    activity that remain unobligated, except that such amounts may include
    any funds that have been made available through reprogramming pursuant
    to section 101.

        Sec. 104.  The Secretary of the Army may transfer to the Fish and
    Wildlife Service, and the Fish and Wildlife Service may accept and
    expend, up to $5,400,000 of funds provided in this title under the
    heading ``Operation and Maintenance'' to mitigate for fisheries lost due
    to Corps of Engineers projects.
        Sec. 105.  None of the funds in this Act shall be used for an open
    lake placement alternative for dredged material, after evaluating the
    least costly, environmentally acceptable manner for the disposal or
    management of dredged material originating from Lake Erie or tributaries
    thereto, unless it is approved under a State water quality certification
    pursuant to section 401 of the Federal Water Pollution Control Act (33
    U.S.C. 1341):  Provided, That until an open lake placement alternative
    for dredged material is approved under a State water quality
    certification, the Corps of Engineers shall continue upland placement of
    such dredged material consistent with the requirements of section 101 of
    the Water Resources Development Act of 1986 (33 U.S.C. 2211).
        Sec. 106. <<NOTE: Kentucky.>>   None of the funds made available by
    this Act may be used to carry out any water supply reallocation study
    under the Wolf Creek Dam, Lake Cumberland, Kentucky, project authorized
    under the Act of July 24, 1946 (60 Stat. 636, ch. 595).

        Sec. 107.  None of the funds made available by this Act or any other
    Act may be used to reorganize or to transfer the Civil Works functions
    or authority of the Corps of Engineers or the Secretary of the Army to
    another department or agency.
        Sec. 108. <<NOTE: Allocations. Determination.>>   Additional funding
    provided in this Act shall be allocated only to projects determined to
    be eligible by the Chief of Engineers.

    [[Page 136 STAT. 218]]

                                    TITLE II

                           DEPARTMENT OF THE INTERIOR

                              Central Utah Project

                     central utah project completion account

        For carrying out activities authorized by the Central Utah Project
    Completion Act, $23,000,000, to remain available until expended, of
    which $5,000,000 shall be deposited into the Utah Reclamation Mitigation
    and Conservation Account for use by the Utah Reclamation Mitigation and
    Conservation Commission:  Provided, That of the amount provided under
    this heading, $1,550,000 shall be available until September 30, 2023,
    for expenses necessary in carrying out related responsibilities of the
    Secretary of the Interior:  Provided further, That for fiscal year 2022,
    of the amount made available to the Commission under this Act or any
    other Act, the Commission may use an amount not to exceed $1,850,000 for
    administrative expenses.

                              Bureau of Reclamation

         The following appropriations shall be expended to execute
    authorized functions of the Bureau of Reclamation:

                           water and related resources

                         (including transfers of funds)

        For management, development, and restoration of water and related
    natural resources and for related activities, including the operation,
    maintenance, and rehabilitation of reclamation and other facilities,
    participation in fulfilling related Federal responsibilities to Native
    Americans, and related grants to, and cooperative and other agreements
    with, State and local governments, federally recognized Indian Tribes,
    and others, $1,747,101,000, to remain available until expended, of which
    $71,217,000 shall be available for transfer to the Upper Colorado River
    Basin Fund and $19,606,000 shall be available for transfer to the Lower
    Colorado River Basin Development Fund; of which such amounts as may be
    necessary may be advanced to the Colorado River Dam Fund:  Provided,
    That $40,000,000 shall be available for transfer into the Blackfeet
    Water Settlement Implementation Fund established by section 3717 of
    Public Law 114-322:  Provided further, That $100,000 shall be available
    for transfer into the Aging Infrastructure Account established by
    section 9603(d)(1) of the Omnibus Public Land Management Act of 2009, as
    amended (43 U.S.C. 510b(d)(1)):  Provided further, That such transfers,
    except for the transfer authorized by the preceding proviso, may be
    increased or decreased within the overall appropriation under this
    heading:  Provided further, That of the total appropriated, the amount
    for program activities that can be financed by the Reclamation Fund, the
    Water Storage Enhancement Receipts account established by section
    4011(e) of Public Law 114-322, or the Bureau of Reclamation special fee
    account established by 16 U.S.C. 6806 shall be derived from that Fund or
    account:  Provided further, That funds contributed under 43 U.S.C. 395
    are available until expended for the purposes for which the funds were

    [[Page 136 STAT. 219]]

    contributed:  Provided further, That funds advanced under 43 U.S.C. 397a
    shall be credited to this account and are available until expended for
    the same purposes as the sums appropriated under this heading:  Provided
    further, That of the amounts made available under this heading,
    $10,000,000 shall be deposited in the San Gabriel Basin Restoration Fund
    established by section 110 of title I of division B of appendix D of
    Public Law 106-554:  Provided further, That of the amounts provided
    herein, funds may be used for high-priority projects which shall be
    carried out by the Youth Conservation Corps, as authorized by 16 U.S.C.
    1706:  Provided further, That within available funds, $250,000 shall be
    for grants and financial assistance for educational activities.

                     central valley project restoration fund

         For carrying out the programs, projects, plans, habitat
    restoration, improvement, and acquisition provisions of the Central
    Valley Project Improvement Act, $56,499,000, to be derived from such
    sums as may be collected in the Central Valley Project Restoration Fund
    pursuant to sections 3407(d), 3404(c)(3), and 3405(f) of Public Law 102-
    575, to remain available until expended:
    Provided, <<NOTE: Assessments.>>  That the Bureau of Reclamation is
    directed to assess and collect the full amount of the additional
    mitigation and restoration payments authorized by section 3407(d) of
    Public Law 102-575:  Provided further, <<NOTE: Contracts.>>  That none
    of the funds made available under this heading may be used for the
    acquisition or leasing of water for in-stream purposes if the water is
    already committed to in-stream purposes by a court adopted decree or
    order.

                        california bay-delta restoration

                         (including transfers of funds)

         For carrying out activities authorized by the Water Supply,
    Reliability, and Environmental Improvement Act, consistent with plans to
    be approved by the Secretary of the Interior, $33,000,000, to remain
    available until expended, of which such amounts as may be necessary to
    carry out such activities may be transferred to appropriate accounts of
    other participating Federal agencies to carry out authorized purposes:
    Provided, That funds appropriated herein may be used for the Federal
    share of the costs of CALFED Program management:  Provided further, That
    CALFED implementation shall be carried out in a balanced manner with
    clear performance measures demonstrating concurrent progress in
    achieving the goals and objectives of the Program.

                            policy and administration

         For expenses necessary for policy, administration, and related
    functions in the Office of the Commissioner, the Denver office, and
    offices in the six regions of the Bureau of Reclamation, to remain
    available until September 30, 2023, $64,400,000, to be derived from the
    Reclamation Fund and be nonreimbursable as provided in 43 U.S.C. 377:
    Provided, That no part of any other appropriation in this Act shall be
    available for activities or functions budgeted as policy and
    administration expenses.

    [[Page 136 STAT. 220]]

                            administrative provision

         Appropriations for the Bureau of Reclamation shall be available for
    purchase and replacement of not to exceed 30 motor vehicles, which are
    for replacement only.

                 GENERAL PROVISIONS--DEPARTMENT OF THE INTERIOR

        Sec. 201. <<NOTE: Advance approvals.>>  (a) None of the funds
    provided in title II of this Act for Water and Related Resources, or
    provided by previous or subsequent appropriations Acts to the agencies
    or entities funded in title II of this Act for Water and Related
    Resources that remain available for obligation or expenditure in fiscal
    year 2022, shall be available for obligation or expenditure through a
    reprogramming of funds that--
                (1) initiates or creates a new program, project, or
            activity;
                (2) eliminates a program, project, or activity;
                (3) increases funds for any program, project, or activity
            for which funds have been denied or restricted by this Act,
            unless prior approval is received from the Committees on
            Appropriations of both Houses of Congress;
                (4) restarts or resumes any program, project or activity for
            which funds are not provided in this Act, unless prior approval
            is received from the Committees on Appropriations of both Houses
            of Congress;
                (5) transfers funds in excess of the following limits,
            unless prior approval is received from the Committees on
            Appropriations of both Houses of Congress:
                        (A) 15 percent for any program, project or activity
                    for which $2,000,000 or more is available at the
                    beginning of the fiscal year; or
                        (B) $400,000 for any program, project or activity
                    for which less than $2,000,000 is available at the
                    beginning of the fiscal year;
                (6) transfers more than $500,000 from either the Facilities
            Operation, Maintenance, and Rehabilitation category or the
            Resources Management and Development category to any program,
            project, or activity in the other category, unless prior
            approval is received from the Committees on Appropriations of
            both Houses of Congress; or
                (7) transfers, where necessary to discharge legal
            obligations of the Bureau of Reclamation, more than $5,000,000
            to provide adequate funds for settled contractor claims,
            increased contractor earnings due to accelerated rates of
            operations, and real estate deficiency judgments, unless prior
            approval is received from the Committees on Appropriations of
            both Houses of Congress.

        (b) Subsection (a)(5) shall not apply to any transfer of funds
    within the Facilities Operation, Maintenance, and Rehabilitation
    category.
        (c) <<NOTE: Definition.>>  For purposes of this section, the term
    ``transfer'' means any movement of funds into or out of a program,
    project, or activity.

        (d) Except as provided in subsections (a) and (b), the amounts made
    available in this title under the heading ``Bureau of Reclamation--Water
    and Related Resources'' shall be expended for the programs, projects,
    and activities specified in the ``Final Bill'' columns in the ``Water
    and Related Resources'' table included under the heading ``Title II--
    Department of the Interior'' in the explanatory

    [[Page 136 STAT. 221]]

    statement described in section 4 (in the matter preceding division A of
    this consolidated Act).
        (e) <<NOTE: Reports.>>  The Bureau of Reclamation shall submit
    reports on a quarterly basis to the Committees on Appropriations of both
    Houses of Congress detailing all the funds reprogrammed between
    programs, projects, activities, or categories of funding. The first
    quarterly report shall be submitted not later than 60 days after the
    date of enactment of this Act.

        Sec. 202. <<NOTE: Determination. California. Plan.>>  (a) None of
    the funds appropriated or otherwise made available by this Act may be
    used to determine the final point of discharge for the interceptor drain
    for the San Luis Unit until development by the Secretary of the Interior
    and the State of California of a plan, which shall conform to the water
    quality standards of the State of California as approved by the
    Administrator of the Environmental Protection Agency, to minimize any
    detrimental effect of the San Luis drainage waters.

        (b) <<NOTE: Reimbursements.>>  The costs of the Kesterson Reservoir
    Cleanup Program and the costs of the San Joaquin Valley Drainage Program
    shall be classified by the Secretary of the Interior as reimbursable or
    nonreimbursable and collected until fully repaid pursuant to the
    ``Cleanup Program--Alternative Repayment Plan'' and the ``SJVDP--
    Alternative Repayment Plan'' described in the report entitled
    ``Repayment Report, Kesterson Reservoir Cleanup Program and San Joaquin
    Valley Drainage Program, February 1995'', prepared by the Department of
    the Interior, Bureau of Reclamation. Any future obligations of funds by
    the United States relating to, or providing for, drainage service or
    drainage studies for the San Luis Unit shall be fully reimbursable by
    San Luis Unit beneficiaries of such service or studies pursuant to
    Federal reclamation law.

        Sec. 203.  Section 9504(e) of the Omnibus Public Land Management Act
    of 2009 (42 U.S.C. 10364(e)) is amended by striking ``$610,000,000'' and
    inserting ``$750,000,000''.
        Sec. 204.  Title I of Public Law 108-361 (the CALFED Bay-Delta
    Authorization Act) (118 Stat. 1681), as amended by section 204 of
    division D of Public Law 116-260, <<NOTE: 134 Stat. 1363.>>  is amended
    by striking ``2021'' each place it appears and inserting ``2022''.

        Sec. 205.  Section 9106(g)(2) of Public Law 111-11 (Omnibus Public
    Land Management Act of 2009) <<NOTE: 123 Stat. 1309.>>  is amended by
    striking ``2021'' and inserting ``2022''.

        Sec. 206. (a) Section 104(c) of the Reclamation States Emergency
    Drought Relief Act of 1991 (43 U.S.C. 2214(c)) is amended by striking
    ``2021'' and inserting ``2022''.
        (b) Section 301 of the Reclamation States Emergency Drought Relief
    Act of 1991 (43 U.S.C. 2241) is amended by striking ``2021'' and
    inserting ``2022''.
        Sec. 207.  Section 1101(d) of the Reclamation Projects Authorization
    and Adjustment Act of 1992 (Public Law 102-575) is amended by striking
    ``$10,000,000'' and inserting ``$13,000,000''.
        Sec. 208.  None of the funds made available by this Act may be used
    for pre-construction or construction activities for any project
    recommended after enactment of the Energy and Water Development and
    Related Agencies Appropriations Act, 2020 and prior to enactment of this
    Act by the Secretary of the Interior and transmitted to the appropriate
    committees of Congress pursuant to section 4007 of the Water
    Infrastructure Improvements for the Nation Act (Public Law 114-322) if
    such project is not named in this Act, Public Law 116-260, or Public Law
    117-43.

    [[Page 136 STAT. 222]]

                                    TITLE III

                              DEPARTMENT OF ENERGY

                                 ENERGY PROGRAMS

                     Energy Efficiency and Renewable Energy

        For Department of Energy expenses including the purchase,
    construction, and acquisition of plant and capital equipment, and other
    expenses necessary for energy efficiency and renewable energy activities
    in carrying out the purposes of the Department of Energy Organization
    Act (42 U.S.C. 7101 et seq.), including the acquisition or condemnation
    of any real property or any facility or for plant or facility
    acquisition, construction, or expansion, $3,200,000,000, to remain
    available until expended:  Provided, That of such amount, $209,453,000
    shall be available until September 30, 2023, for program direction:
    Provided further, That of the amount appropriated in this paragraph,
    $77,047,000 shall be used for projects specified in the table that
    appears under the heading ``Congressionally Directed Spending Energy
    Efficiency and Renewable Energy Projects'' in the explanatory statement
    described in section 4 (in the matter preceding division A of this
    consolidated Act):  Provided further, That section 366(e) of the Energy
    Policy and Conservation Act (42 U.S.C. 6326(e)) shall not apply to
    Federal financial assistance provided under part D of title III of the
    Energy Policy and Conservation Act (42 U.S.C. 6321 et seq.) from amounts
    made available under this heading in this Act.

             Cybersecurity, Energy Security, and Emergency Response

        For Department of Energy expenses including the purchase,
    construction, and acquisition of plant and capital equipment, and other
    expenses necessary for energy sector cybersecurity, energy security, and
    emergency response activities in carrying out the purposes of the
    Department of Energy Organization Act (42 U.S.C. 7101 et seq.),
    including the acquisition or condemnation of any real property or any
    facility or for plant or facility acquisition, construction, or
    expansion, $185,804,000, to remain available until expended:  Provided,
    That of such amount, $16,000,000 shall be available until September 30,
    2023, for program direction:  Provided further, That of the amount
    appropriated in this paragraph, $3,000,000 shall be used for projects
    specified in the table that appears under the heading ``Congressionally
    Directed Spending Cybersecurity, Energy Security, and Emergency Response
    Projects'' in the explanatory statement described in section 4 (in the
    matter preceding division A of this consolidated Act).

                                   Electricity

        For Department of Energy expenses including the purchase,
    construction, and acquisition of plant and capital equipment, and other
    expenses necessary for electricity activities in carrying out the
    purposes of the Department of Energy Organization Act (42 U.S.C. 7101 et
    seq.), including the acquisition or condemnation of any real property or
    any facility or for plant or facility acquisition, construction, or
    expansion, $277,000,000, to remain available until expended:  Provided,
    That of such amount, $20,000,000 shall be

    [[Page 136 STAT. 223]]

    available until September 30, 2023, for program direction:  Provided
    further, That of the amount appropriated in this paragraph, $2,850,000
    shall be used for projects specified in the table that appears under the
    heading ``Congressionally Directed Spending Electricity Projects'' in
    the explanatory statement described in section 4 (in the matter
    preceding division A of this consolidated Act).

                                 Nuclear Energy

        For Department of Energy expenses including the purchase,
    construction, and acquisition of plant and capital equipment, and other
    expenses necessary for nuclear energy activities in carrying out the
    purposes of the Department of Energy Organization Act (42 U.S.C. 7101 et
    seq.), including the acquisition or condemnation of any real property or
    any facility or for plant or facility acquisition, construction, or
    expansion, $1,654,800,000, to remain available until expended:
    Provided, That of such amount, $80,000,000 shall be available until
    September 30, 2023, for program direction:  Provided further, That for
    the purpose of section 954(a)(6) of the Energy Policy Act of 2005, as
    amended, the only amount available shall be from the amount specified as
    including that purpose in the ``Final Bill'' column in the ``Department
    of Energy'' table included under the heading ``Title III--Department of
    Energy'' in the explanatory statement described in section 4 (in the
    matter preceding division A of this consolidated Act).

                       Fossil Energy and Carbon Management

        For Department of Energy expenses necessary in carrying out fossil
    energy and carbon management research and development activities, under
    the authority of the Department of Energy Organization Act (42 U.S.C.
    7101 et seq.), including the acquisition of interest, including
    defeasible and equitable interests in any real property or any facility
    or for plant or facility acquisition or expansion, and for conducting
    inquiries, technological investigations and research concerning the
    extraction, processing, use, and disposal of mineral substances without
    objectionable social and environmental costs (30 U.S.C. 3, 1602, and
    1603), $825,000,000, to remain available until expended:  Provided, That
    of such amount $66,800,000 shall be available until September 30, 2023,
    for program direction:  Provided further, That of the amount
    appropriated in this paragraph, $20,199,000 shall be used for projects
    specified in the table that appears under the heading ``Congressionally
    Directed Spending Fossil Energy and Carbon Management Projects'' in the
    explanatory statement described in section 4 (in the matter preceding
    division A of this consolidated Act).

                     Naval Petroleum and Oil Shale Reserves

        For Department of Energy expenses necessary to carry out naval
    petroleum and oil shale reserve activities, $13,650,000, to remain
    available until expended:  Provided, That notwithstanding any other
    provision of law, unobligated funds remaining from prior years shall be
    available for all naval petroleum and oil shale reserve activities.

    [[Page 136 STAT. 224]]

                           Strategic Petroleum Reserve

        For Department of Energy expenses necessary for Strategic Petroleum
    Reserve facility development and operations and program management
    activities pursuant to the Energy Policy and Conservation Act (42 U.S.C.
    6201 et seq.), $219,000,000, to remain available until expended.

                              SPR Petroleum Account

        For the acquisition, transportation, and injection of petroleum
    products, and for other necessary expenses pursuant to the Energy Policy
    and Conservation Act of 1975, as amended (42 U.S.C. 6201 et seq.),
    sections 403 and 404 of the Bipartisan Budget Act of 2015 (42 U.S.C.
    6241, 6239 note), and section 5010 of the 21st Century Cures Act (Public
    Law 114-255), $7,350,000, to remain available until expended.

                       Northeast Home Heating Oil Reserve

        For Department of Energy expenses necessary for Northeast Home
    Heating Oil Reserve storage, operation, and management activities
    pursuant to the Energy Policy and Conservation Act (42 U.S.C. 6201 et
    seq.), $6,500,000, to remain available until expended.

                        Energy Information Administration

        For Department of Energy expenses necessary in carrying out the
    activities of the Energy Information Administration, $129,087,000, to
    remain available until expended.

                        Non-defense Environmental Cleanup

        For Department of Energy expenses, including the purchase,
    construction, and acquisition of plant and capital equipment and other
    expenses necessary for non-defense environmental cleanup activities in
    carrying out the purposes of the Department of Energy Organization Act
    (42 U.S.C. 7101 et seq.), including the acquisition or condemnation of
    any real property or any facility or for plant or facility acquisition,
    construction, or expansion, $333,863,000, to remain available until
    expended:  Provided, That, in addition, fees collected pursuant to
    subsection (b)(1) of section 6939f of title 42, United States Code, and
    deposited under this heading in fiscal year 2022 pursuant to section 309
    of title III of division C of Public Law 116-94 are appropriated, to
    remain available until expended, for mercury storage costs.

           Uranium Enrichment Decontamination and Decommissioning Fund

        For Department of Energy expenses necessary in carrying out uranium
    enrichment facility decontamination and decommissioning, remedial
    actions, and other activities of title II of the Atomic Energy Act of
    1954, and title X, subtitle A, of the Energy Policy Act of 1992,
    $860,000,000, to be derived from the Uranium Enrichment Decontamination
    and Decommissioning Fund, to remain available until expended, of which
    $16,155,000 shall be available in accordance with title X, subtitle A,
    of the Energy Policy Act of 1992.

    [[Page 136 STAT. 225]]

                                     Science

        For Department of Energy expenses including the purchase,
    construction, and acquisition of plant and capital equipment, and other
    expenses necessary for science activities in carrying out the purposes
    of the Department of Energy Organization Act (42 U.S.C. 7101 et seq.),
    including the acquisition or condemnation of any real property or any
    facility or for plant or facility acquisition, construction, or
    expansion, and purchase of not more than 35 passenger motor vehicles,
    including one ambulance, for replacement only, $7,475,000,000, to remain
    available until expended:  Provided, That of such amount, $202,000,000
    shall be available until September 30, 2023, for program direction.

                             Nuclear Waste Disposal

        For Department of Energy expenses necessary for nuclear waste
    disposal activities to carry out the purposes of the Nuclear Waste
    Policy Act of 1982, Public Law 97-425, as amended, including interim
    storage activities, $27,500,000, to remain available until expended, of
    which $7,500,000 shall be derived from the Nuclear Waste Fund.

                             Technology Transitions

        For Department of Energy expenses necessary for carrying out the
    activities of technology transitions, $19,470,000, to remain available
    until expended:  Provided, That of such amount, $8,375,000 shall be
    available until September 30, 2023, for program direction.

                           Clean Energy Demonstrations

        For Department of Energy expenses, including the purchase,
    construction, and acquisition of plant and capital equipment and other
    expenses necessary for clean energy demonstrations in carrying out the
    purposes of the Department of Energy Organization Act (42 U.S.C. 7101 et
    seq.), including the acquisition or condemnation of any real property or
    any facility or for plant or facility acquisition, construction, or
    expansion, $20,000,000, to remain available until expended:  Provided,
    That of such amount, $8,000,000 shall be available until September 30,
    2023, for program direction.

                    Advanced Research Projects Agency--Energy

        For Department of Energy expenses necessary in carrying out the
    activities authorized by section 5012 of the America COMPETES Act
    (Public Law 110-69), $450,000,000, to remain available until expended:
    Provided, That of such amount, $36,000,000 shall be available until
    September 30, 2023, for program direction.

              Title 17 Innovative Technology Loan Guarantee Program

        Such sums as are derived from amounts received from borrowers
    pursuant to section 1702(b) of the Energy Policy Act of 2005 under this
    heading in prior Acts, shall be collected in accordance with section
    502(7) of the Congressional Budget Act of 1974:  Provided, That for
    necessary administrative expenses of the Title 17 Innovative Technology
    Loan Guarantee Program, as authorized, $32,000,000 is appropriated, to
    remain available until September

    [[Page 136 STAT. 226]]

    30, 2023:  Provided further, That up to $32,000,000 of fees collected in
    fiscal year 2022 pursuant to section 1702(h) of the Energy Policy Act of
    2005 shall be credited as offsetting collections under this heading and
    used for necessary administrative expenses in this appropriation and
    shall remain available until September 30, 2023:  Provided further, That
    to the extent that fees collected in fiscal year 2022 exceed
    $32,000,000, those excess amounts shall be credited as offsetting
    collections under this heading and available in future fiscal years only
    to the extent provided in advance in appropriations Acts:  Provided
    further, That the sum herein appropriated from the general fund shall be
    reduced (1) as such fees are received during fiscal year 2022 (estimated
    at $3,000,000) and (2) to the extent that any remaining general fund
    appropriations can be derived from fees collected in previous fiscal
    years that are not otherwise appropriated, so as to result in a final
    fiscal year 2022 appropriation from the general fund estimated at $0:
    Provided further, That the Department of Energy shall not subordinate
    any loan obligation to other financing in violation of section 1702 of
    the Energy Policy Act of 2005 or subordinate any Guaranteed Obligation
    to any loan or other debt obligations in violation of section 609.10 of
    title 10, Code of Federal Regulations.

             Advanced Technology Vehicles Manufacturing Loan Program

        For Department of Energy administrative expenses necessary in
    carrying out the Advanced Technology Vehicles Manufacturing Loan
    Program, $5,000,000, to remain available until September 30, 2023.

                      Tribal Energy Loan Guarantee Program

        For Department of Energy administrative expenses necessary in
    carrying out the Tribal Energy Loan Guarantee Program, $2,000,000, to
    remain available until September 30, 2023:  Provided, That under section
    2602(c) of the Energy Policy Act of 1992 (25 U.S.C. 3502(c)), the
    Secretary of Energy may also provide direct loans, as defined in section
    502 of the Congressional Budget Act of 1974 (2 U.S.C. 661a):  Provided
    further, That such direct loans shall be made through the Federal
    Financing Bank, with the full faith and credit of the United States
    Government on the principal and interest:  Provided further, That any
    funds previously appropriated for the cost of loan guarantees under
    section 2602(c) of the Energy Policy Act of 1992 (25 U.S.C. 3502(c)) may
    also be used for the cost of direct loans provided under such section of
    such Act.

                        Indian Energy Policy and Programs

        For necessary expenses for Indian Energy activities in carrying out
    the purposes of the Department of Energy Organization Act (42 U.S.C.
    7101 et seq.), $58,000,000, to remain available until expended:
    Provided, That of the amount appropriated under this heading, $5,523,000
    shall be available until September 30, 2023, for program direction.

    [[Page 136 STAT. 227]]

                           Departmental Administration

        For salaries and expenses of the Department of Energy necessary for
    departmental administration in carrying out the purposes of the
    Department of Energy Organization Act (42 U.S.C. 7101 et seq.),
    $340,578,000, to remain available until September 30, 2023, including
    the hire of passenger motor vehicles and official reception and
    representation expenses not to exceed $30,000, plus such additional
    amounts as necessary to cover increases in the estimated amount of cost
    of work for others notwithstanding the provisions of the Anti-Deficiency
    Act (31 U.S.C. 1511 et seq.):  Provided, That such increases in cost of
    work are offset by revenue increases of the same or greater amount:
    Provided further, That moneys received by the Department for
    miscellaneous revenues estimated to total $100,578,000 in fiscal year
    2022 may be retained and used for operating expenses within this
    account, as authorized by section 201 of Public Law 95-238,
    notwithstanding the provisions of 31 U.S.C. 3302:  Provided further,
    That the sum herein appropriated shall be reduced as collections are
    received during the fiscal year so as to result in a final fiscal year
    2022 appropriation from the general fund estimated at not more than
    $240,000,000.

                         Office of the Inspector General

        For expenses necessary for the Office of the Inspector General in
    carrying out the provisions of the Inspector General Act of 1978,
    $78,000,000, to remain available until September 30, 2023.

                        ATOMIC ENERGY DEFENSE ACTIVITIES

                    NATIONAL NUCLEAR SECURITY ADMINISTRATION

                               Weapons Activities

        For Department of Energy expenses, including the purchase,
    construction, and acquisition of plant and capital equipment and other
    incidental expenses necessary for atomic energy defense weapons
    activities in carrying out the purposes of the Department of Energy
    Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or
    condemnation of any real property or any facility or for plant or
    facility acquisition, construction, or expansion, and the purchase of
    not to exceed one ambulance, for replacement only, $15,920,000,000, to
    remain available until expended:  Provided, That of such amount,
    $117,060,000 shall be available until September 30, 2023, for program
    direction.

                        Defense Nuclear Nonproliferation

        For Department of Energy expenses, including the purchase,
    construction, and acquisition of plant and capital equipment and other
    incidental expenses necessary for defense nuclear nonproliferation
    activities, in carrying out the purposes of the Department of Energy
    Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or
    condemnation of any real property or any facility or for plant or
    facility acquisition, construction, or expansion, $2,354,000,000, to
    remain available until expended.

    [[Page 136 STAT. 228]]

                                 Naval Reactors

                          (including transfer of funds)

        For Department of Energy expenses necessary for naval reactors
    activities to carry out the Department of Energy Organization Act (42
    U.S.C. 7101 et seq.), including the acquisition (by purchase,
    condemnation, construction, or otherwise) of real property, plant, and
    capital equipment, facilities, and facility expansion, $1,918,000,000,
    to remain available until expended, of which, $92,747,000 shall be
    transferred to ``Department of Energy--Energy Programs--Nuclear
    Energy'', for the Advanced Test Reactor:  Provided, That of such amount,
    $55,579,000 shall be available until September 30, 2023, for program
    direction.

                          Federal Salaries and Expenses

        For expenses necessary for Federal Salaries and Expenses in the
    National Nuclear Security Administration, $464,000,000, to remain
    available until September 30, 2023, including official reception and
    representation expenses not to exceed $17,000.

                   ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES

                          Defense Environmental Cleanup

        For Department of Energy expenses, including the purchase,
    construction, and acquisition of plant and capital equipment and other
    expenses necessary for atomic energy defense environmental cleanup
    activities in carrying out the purposes of the Department of Energy
    Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or
    condemnation of any real property or any facility or for plant or
    facility acquisition, construction, or expansion, and the purchase of
    not to exceed one passenger minivan for replacement only,
    $6,710,000,000, to remain available until expended:  Provided, That of
    such amount, $305,207,000 shall be available until September 30, 2023,
    for program direction.

         Defense Uranium Enrichment Decontamination and Decommissioning

                          (including transfer of funds)

        For an additional amount for atomic energy defense environmental
    cleanup activities for Department of Energy contributions for uranium
    enrichment decontamination and decommissioning activities, $573,333,000,
    to be deposited into the Defense Environmental Cleanup account, which
    shall be transferred to the ``Uranium Enrichment Decontamination and
    Decommissioning Fund''.

                            Other Defense Activities

        For Department of Energy expenses, including the purchase,
    construction, and acquisition of plant and capital equipment and other
    expenses, necessary for atomic energy defense, other defense activities,
    and classified activities, in carrying out the purposes of the
    Department of Energy Organization Act (42 U.S.C. 7101 et seq.),
    including the acquisition or condemnation of any real

    [[Page 136 STAT. 229]]

    property or any facility or for plant or facility acquisition,
    construction, or expansion, $985,000,000, to remain available until
    expended:  Provided, That of such amount, $337,636,000 shall be
    available until September 30, 2023, for program direction.

                         POWER MARKETING ADMINISTRATIONS

                      Bonneville Power Administration Fund

        Expenditures from the Bonneville Power Administration Fund,
    established pursuant to Public Law 93-454, are approved for the Umatilla
    Hatchery Facility project and, in addition, for official reception and
    representation expenses in an amount not to exceed $5,000:  Provided,
    That during fiscal year 2022, no new direct loan obligations may be
    made.

          Operation and Maintenance, Southeastern Power Administration

        For expenses necessary for operation and maintenance of power
    transmission facilities and for marketing electric power and energy,
    including transmission wheeling and ancillary services, pursuant to
    section 5 of the Flood Control Act of 1944 (16 U.S.C. 825s), as applied
    to the southeastern power area, $7,184,000, including official reception
    and representation expenses in an amount not to exceed $1,500, to remain
    available until expended:  Provided, That notwithstanding 31 U.S.C. 3302
    and section 5 of the Flood Control Act of 1944, up to $7,184,000
    collected by the Southeastern Power Administration from the sale of
    power and related services shall be credited to this account as
    discretionary offsetting collections, to remain available until expended
    for the sole purpose of funding the annual expenses of the Southeastern
    Power Administration:  Provided further, That the sum herein
    appropriated for annual expenses shall be reduced as collections are
    received during the fiscal year so as to result in a final fiscal year
    2022 appropriation estimated at not more than $0:  Provided further,
    That notwithstanding 31 U.S.C. 3302, up to $53,000,000 collected by the
    Southeastern Power Administration pursuant to the Flood Control Act of
    1944 to recover purchase power and wheeling expenses shall be credited
    to this account as offsetting collections, to remain available until
    expended for the sole purpose of making purchase power and wheeling
    expenditures:  Provided further, That for purposes of this
    appropriation, annual expenses means expenditures that are generally
    recovered in the same year that they are incurred (excluding purchase
    power and wheeling expenses).

          Operation and Maintenance, Southwestern Power Administration

        For expenses necessary for operation and maintenance of power
    transmission facilities and for marketing electric power and energy, for
    construction and acquisition of transmission lines, substations and
    appurtenant facilities, and for administrative expenses, including
    official reception and representation expenses in an amount not to
    exceed $1,500 in carrying out section 5 of the Flood Control Act of 1944
    (16 U.S.C. 825s), as applied to the Southwestern Power Administration,
    $48,324,000, to remain available until

    [[Page 136 STAT. 230]]

    expended:  Provided, That notwithstanding 31 U.S.C. 3302 and section 5
    of the Flood Control Act of 1944 (16 U.S.C. 825s), up to $37,924,000
    collected by the Southwestern Power Administration from the sale of
    power and related services shall be credited to this account as
    discretionary offsetting collections, to remain available until
    expended, for the sole purpose of funding the annual expenses of the
    Southwestern Power Administration:  Provided further, That the sum
    herein appropriated for annual expenses shall be reduced as collections
    are received during the fiscal year so as to result in a final fiscal
    year 2022 appropriation estimated at not more than $10,400,000:
    Provided further, That notwithstanding 31 U.S.C. 3302, up to $39,000,000
    collected by the Southwestern Power Administration pursuant to the Flood
    Control Act of 1944 to recover purchase power and wheeling expenses
    shall be credited to this account as offsetting collections, to remain
    available until expended for the sole purpose of making purchase power
    and wheeling expenditures:  Provided further, That for purposes of this
    appropriation, annual expenses means expenditures that are generally
    recovered in the same year that they are incurred (excluding purchase
    power and wheeling expenses).

     Construction, Rehabilitation, Operation and Maintenance, Western Area
                              Power Administration

        For carrying out the functions authorized by title III, section
    302(a)(1)(E) of the Act of August 4, 1977 (42 U.S.C. 7152), and other
    related activities including conservation and renewable resources
    programs as authorized, $285,237,000, including official reception and
    representation expenses in an amount not to exceed $1,500, to remain
    available until expended, of which $285,237,000 shall be derived from
    the Department of the Interior Reclamation Fund:  Provided, That
    notwithstanding 31 U.S.C. 3302, section 5 of the Flood Control Act of
    1944 (16 U.S.C. 825s), and section 1 of the Interior Department
    Appropriation Act, 1939 (43 U.S.C. 392a), up to $194,465,000 collected
    by the Western Area Power Administration from the sale of power and
    related services shall be credited to this account as discretionary
    offsetting collections, to remain available until expended, for the sole
    purpose of funding the annual expenses of the Western Area Power
    Administration:  Provided further, That the sum herein appropriated for
    annual expenses shall be reduced as collections are received during the
    fiscal year so as to result in a final fiscal year 2022 appropriation
    estimated at not more than $90,772,000, of which $90,772,000 is derived
    from the Reclamation Fund:  Provided further, That notwithstanding 31
    U.S.C. 3302, up to $170,000,000 collected by the Western Area Power
    Administration pursuant to the Flood Control Act of 1944 and the
    Reclamation Project Act of 1939 to recover purchase power and wheeling
    expenses shall be credited to this account as offsetting collections, to
    remain available until expended for the sole purpose of making purchase
    power and wheeling expenditures:  Provided further, That for purposes of
    this appropriation, annual expenses means expenditures that are
    generally recovered in the same year that they are incurred (excluding
    purchase power and wheeling expenses).

    [[Page 136 STAT. 231]]

                Falcon and Amistad Operating and Maintenance Fund

        For operation, maintenance, and emergency costs for the
    hydroelectric facilities at the Falcon and Amistad Dams, $5,808,000, to
    remain available until expended, and to be derived from the Falcon and
    Amistad Operating and Maintenance Fund of the Western Area Power
    Administration, as provided in section 2 of the Act of June 18, 1954 (68
    Stat. 255):  Provided, That notwithstanding the provisions of that Act
    and of 31 U.S.C. 3302, up to $5,580,000 collected by the Western Area
    Power Administration from the sale of power and related services from
    the Falcon and Amistad Dams shall be credited to this account as
    discretionary offsetting collections, to remain available until expended
    for the sole purpose of funding the annual expenses of the hydroelectric
    facilities of these Dams and associated Western Area Power
    Administration activities:  Provided further, That the sum herein
    appropriated for annual expenses shall be reduced as collections are
    received during the fiscal year so as to result in a final fiscal year
    2022 appropriation estimated at not more than $228,000:  Provided
    further, That for purposes of this appropriation, annual expenses means
    expenditures that are generally recovered in the same year that they are
    incurred:  Provided further, That for fiscal year 2022, the
    Administrator of the Western Area Power Administration may accept up to
    $1,737,000 in funds contributed by United States power customers of the
    Falcon and Amistad Dams for deposit into the Falcon and Amistad
    Operating and Maintenance Fund, and such funds shall be available for
    the purpose for which contributed in like manner as if said sums had
    been specifically appropriated for such purpose:  Provided further, That
    any such funds shall be available without further appropriation and
    without fiscal year limitation for use by the Commissioner of the United
    States Section of the International Boundary and Water Commission for
    the sole purpose of operating, maintaining, repairing, rehabilitating,
    replacing, or upgrading the hydroelectric facilities at these Dams in
    accordance with agreements reached between the Administrator,
    Commissioner, and the power customers.

                      Federal Energy Regulatory Commission

                              salaries and expenses

        For expenses necessary for the Federal Energy Regulatory Commission
    to carry out the provisions of the Department of Energy Organization Act
    (42 U.S.C. 7101 et seq.), including services as authorized by 5 U.S.C.
    3109, official reception and representation expenses not to exceed
    $3,000, and the hire of passenger motor vehicles, $466,426,000, to
    remain available until expended:  Provided, <<NOTE: 42 USC 7171 note.>>
    That notwithstanding any other provision of law, not to exceed
    $466,426,000 of revenues from fees and annual charges, and other
    services and collections in fiscal year 2022 shall be retained and used
    for expenses necessary in this account, and shall remain available until
    expended:  Provided further, That the sum herein appropriated from the
    general fund shall be reduced as revenues are received during fiscal
    year 2022 so as to result in a final fiscal year 2022 appropriation from
    the general fund estimated at not more than $0.

    [[Page 136 STAT. 232]]

                    GENERAL PROVISIONS--DEPARTMENT OF ENERGY

                 (including transfers and rescissions of funds)

        Sec. 301. (a) No appropriation, funds, or authority made available
    by this title for the Department of Energy shall be used to initiate or
    resume any program, project, or activity or to prepare or initiate
    Requests For Proposals or similar arrangements (including Requests for
    Quotations, Requests for Information, and Funding Opportunity
    Announcements) for a program, project, or activity if the program,
    project, or activity has not been funded by Congress.
        (b)(1) <<NOTE: Notifications. Time period.>>  Unless the Secretary
    of Energy notifies the Committees on Appropriations of both Houses of
    Congress at least 3 full business days in advance, none of the funds
    made available in this title may be used to--
                (A) <<NOTE: Grants.>>  make a grant allocation or
            discretionary grant award totaling $1,000,000 or more;
                (B) <<NOTE: Contracts.>>  make a discretionary contract
            award or Other Transaction Agreement totaling $1,000,000 or
            more, including a contract covered by the Federal Acquisition
            Regulation;
                (C) issue a letter of intent to make an allocation, award,
            or Agreement in excess of the limits in subparagraph (A) or (B);
            or
                (D) announce publicly the intention to make an allocation,
            award, or Agreement in excess of the limits in subparagraph (A)
            or (B).

        (2) <<NOTE: Reports.>>  The Secretary of Energy shall submit to the
    Committees on Appropriations of both Houses of Congress within 15 days
    of the conclusion of each quarter a report detailing each grant
    allocation or discretionary grant award totaling less than $1,000,000
    provided during the previous quarter.

        (3) The notification required by paragraph (1) and the report
    required by paragraph (2) shall include the recipient of the award, the
    amount of the award, the fiscal year for which the funds for the award
    were appropriated, the account and program, project, or activity from
    which the funds are being drawn, the title of the award, and a brief
    description of the activity for which the award is made.
        (c) <<NOTE: Contracts. Grants.>>  The Department of Energy may not,
    with respect to any program, project, or activity that uses budget
    authority made available in this title under the heading ``Department of
    Energy--Energy Programs'', enter into a multiyear contract, award a
    multiyear grant, or enter into a multiyear cooperative agreement
    unless--
                (1) the contract, grant, or cooperative agreement is funded
            for the full period of performance as anticipated at the time of
            award; or
                (2) <<NOTE: Notification. Time period.>>  the contract,
            grant, or cooperative agreement includes a clause conditioning
            the Federal Government's obligation on the availability of
            future year budget authority and the Secretary notifies the
            Committees on Appropriations of both Houses of Congress at least
            3 days in advance.

        (d) Except as provided in subsections (e), (f), and (g), the amounts
    made available by this title shall be expended as authorized by law for
    the programs, projects, and activities specified in the ``Final Bill''
    column in the ``Department of Energy'' table included under the heading
    ``Title III--Department of Energy'' in

    [[Page 136 STAT. 233]]

    the explanatory statement described in section 4 (in the matter
    preceding division A of this consolidated Act).
        (e) <<NOTE: Notification. Advance approval. Time period.>>  The
    amounts made available by this title may be reprogrammed for any
    program, project, or activity, and the Department shall notify, and
    obtain the prior approval of, the Committees on Appropriations of both
    Houses of Congress at least 30 days prior to the use of any proposed
    reprogramming that would cause any program, project, or activity funding
    level to increase or decrease by more than $5,000,000 or 10 percent,
    whichever is less, during the time period covered by this Act.

        (f) None of the funds provided in this title shall be available for
    obligation or expenditure through a reprogramming of funds that--
                (1) creates, initiates, or eliminates a program, project, or
            activity;
                (2) increases funds or personnel for any program, project,
            or activity for which funds are denied or restricted by this
            Act; or
                (3) reduces funds that are directed to be used for a
            specific program, project, or activity by this Act.

        (g)(1) <<NOTE: Waiver authority.>>  The Secretary of Energy may
    waive any requirement or restriction in this section that applies to the
    use of funds made available for the Department of Energy if compliance
    with such requirement or restriction would pose a substantial risk to
    human health, the environment, welfare, or national security.

        (2) <<NOTE: Notification. Deadline.>>  The Secretary of Energy shall
    notify the Committees on Appropriations of both Houses of Congress of
    any waiver under paragraph (1) as soon as practicable, but not later
    than 3 days after the date of the activity to which a requirement or
    restriction would otherwise have applied. Such notice shall include an
    explanation of the substantial risk under paragraph (1) that permitted
    such waiver.

        (h) The unexpended balances of prior appropriations provided for
    activities in this Act may be available to the same appropriation
    accounts for such activities established pursuant to this title.
    Available balances may be merged with funds in the applicable
    established accounts and thereafter may be accounted for as one fund for
    the same time period as originally enacted.
        Sec. 302.  Funds appropriated by this or any other Act, or made
    available by the transfer of funds in this Act, for intelligence
    activities are deemed to be specifically authorized by the Congress for
    purposes of section 504 of the National Security Act of 1947 (50 U.S.C.
    3094) during fiscal year 2022 until the enactment of the Intelligence
    Authorization Act for fiscal year 2022.
        Sec. 303.  <<NOTE: Oversight. Compliance.>>  None of the funds made
    available in this title shall be used for the construction of facilities
    classified as high-hazard nuclear facilities under 10 CFR Part 830
    unless independent oversight is conducted by the Office of Enterprise
    Assessments to ensure the project is in compliance with nuclear safety
    requirements.

        Sec. 304.  <<NOTE: Cost estimate.>>  None of the funds made
    available in this title may be used to approve critical decision-2 or
    critical decision-3 under Department of Energy Order 413.3B, or any
    successive departmental guidance, for construction projects where the
    total project cost exceeds $100,000,000, until a separate independent
    cost estimate has been developed for the project for that critical
    decision.

        Sec. 305.  <<NOTE: Determination. President.>>  Notwithstanding
    section 161 of the Energy Policy and Conservation Act (42 U.S.C. 6241),
    upon a determination by

    [[Page 136 STAT. 234]]

    the President in this fiscal year that a regional supply shortage of
    refined petroleum product of significant scope and duration exists, that
    a severe increase in the price of refined petroleum product will likely
    result from such shortage, and that a draw down and sale of refined
    petroleum product would assist directly and significantly in reducing
    the adverse impact of such shortage, the Secretary of Energy may draw
    down and sell refined petroleum product from the Strategic Petroleum
    Reserve. Proceeds from a sale under this section shall be deposited into
    the SPR Petroleum Account established in section 167 of the Energy
    Policy and Conservation Act (42 U.S.C. 6247), and such amounts shall be
    available for obligation, without fiscal year limitation, consistent
    with that section.

        Sec. 306.  No funds shall be transferred directly from ``Department
    of Energy--Power Marketing Administration--Colorado River Basins Power
    Marketing Fund, Western Area Power Administration'' to the general fund
    of the Treasury in the current fiscal year.
        Sec. 307. (a) Of the unobligated balances available to the
    Department of Energy from amounts appropriated in prior Acts, the
    following funds are hereby rescinded from the following accounts and
    programs in the specified amounts--
                (1) ``Defense Nuclear Nonproliferation'' for the
            construction project ``99-D-143'', $282,133,000; and
                (2) ``Naval Reactors'', $6,000,000.

        (b) No amounts may be rescinded under subsection (a) from amounts
    that were previously designated by the Congress as an emergency
    requirement pursuant to a concurrent resolution on the budget or the
    Balanced Budget and Emergency Deficit Control Act of 1985.
        Sec. 308.  Of the unavailable collections currently in the United
    States Enrichment Corporation Fund, $841,000,000 shall be transferred to
    and merged with the Uranium Enrichment Decontamination and
    Decommissioning Fund and shall be available only to the extent provided
    in advance in appropriations Acts.

                                    TITLE IV

                              INDEPENDENT AGENCIES

                         Appalachian Regional Commission

        For expenses necessary to carry out the programs authorized by the
    Appalachian Regional Development Act of 1965, as amended,
    notwithstanding 40 U.S.C. 14704, and for expenses necessary for the
    Federal Co-Chairman and the Alternate on the Appalachian Regional
    Commission, for payment of the Federal share of the administrative
    expenses of the Commission, including services as authorized by 5 U.S.C.
    3109, and hire of passenger motor vehicles, $195,000,000, to remain
    available until expended.

                     Defense Nuclear Facilities Safety Board

                              salaries and expenses

        For expenses necessary for the Defense Nuclear Facilities Safety
    Board in carrying out activities authorized by the Atomic

    [[Page 136 STAT. 235]]

    Energy Act of 1954, as amended by Public Law 100-456, section 1441,
    $36,000,000, to remain available until September 30, 2023.

                            Delta Regional Authority

                              salaries and expenses

        For expenses necessary for the Delta Regional Authority and to carry
    out its activities, as authorized by the Delta Regional Authority Act of
    2000, notwithstanding sections 382F(d), 382M, and 382N of said Act,
    $30,100,000, to remain available until expended.

                                Denali Commission

        For expenses necessary for the Denali Commission including the
    purchase, construction, and acquisition of plant and capital equipment
    as necessary and other expenses, $15,100,000, to remain available until
    expended, notwithstanding the limitations contained in section 306(g) of
    the Denali Commission Act of 1998:  Provided, That funds shall be
    available for construction projects for which the Denali Commission is
    the sole or primary funding source in an amount not to exceed 80 percent
    of total project cost for distressed communities, as defined by section
    307 of the Denali Commission Act of 1998 (division C, title III, Public
    Law 105-277), as amended by section 701 of appendix D, title VII, Public
    Law 106-113 (113 Stat. 1501A-280), and an amount not to exceed 50
    percent for non-distressed communities:  Provided further, That
    notwithstanding any other provision of law regarding payment of a non-
    Federal share in connection with a grant-in-aid program, amounts under
    this heading shall be available for the payment of such a non-Federal
    share for any project for which the Denali Commission is not the sole or
    primary funding source, provided that such project is consistent with
    the purposes of the Commission.

                       Northern Border Regional Commission

        For expenses necessary for the Northern Border Regional Commission
    in carrying out activities authorized by subtitle V of title 40, United
    States Code, $35,000,000, to remain available until expended:  Provided,
    That such amounts shall be available for administrative expenses,
    notwithstanding section 15751(b) of title 40, United States Code.

                     Southeast Crescent Regional Commission

        For expenses necessary for the Southeast Crescent Regional
    Commission in carrying out activities authorized by subtitle V of title
    40, United States Code, $5,000,000, to remain available until expended.

                      Southwest Border Regional Commission

        For expenses necessary for the Southwest Border Regional Commission
    in carrying out activities authorized by subtitle V of title 40, United
    States Code, $2,500,000, to remain available until expended.

    [[Page 136 STAT. 236]]

                          Nuclear Regulatory Commission

                              salaries and expenses

        For expenses necessary for the Commission in carrying out the
    purposes of the Energy Reorganization Act of 1974 and the Atomic Energy
    Act of 1954, $873,901,000, including official representation expenses
    not to exceed $25,000, to remain available until expended:  Provided,
    That of the amount appropriated herein, not more than $9,500,000 may be
    made available for salaries, travel, and other support costs for the
    Office of the Commission, to remain available until September 30, 2023:
    Provided further, That revenues from licensing fees, inspection
    services, and other services and collections estimated at $745,258,000
    in fiscal year 2022 shall be retained and used for necessary salaries
    and expenses in this account, notwithstanding 31 U.S.C. 3302, and shall
    remain available until expended:  Provided further, That the sum herein
    appropriated shall be reduced by the amount of revenues received during
    fiscal year 2022 so as to result in a final fiscal year 2022
    appropriation estimated at not more than $128,643,000.

                           office of inspector general

        For expenses necessary for the Office of Inspector General in
    carrying out the provisions of the Inspector General Act of 1978,
    $13,799,000, to remain available until September 30, 2023:  Provided,
    That revenues from licensing fees, inspection services, and other
    services and collections estimated at $11,442,000 in fiscal year 2022
    shall be retained and be available until September 30, 2023, for
    necessary salaries and expenses in this account, notwithstanding section
    3302 of title 31, United States Code:  Provided further, That the sum
    herein appropriated shall be reduced by the amount of revenues received
    during fiscal year 2022 so as to result in a final fiscal year 2022
    appropriation estimated at not more than $2,357,000:  Provided further,
    That of the amounts appropriated under this heading, $1,146,000 shall be
    for Inspector General services for the Defense Nuclear Facilities Safety
    Board.

                      Nuclear Waste Technical Review Board

                              salaries and expenses

        For expenses necessary for the Nuclear Waste Technical Review Board,
    as authorized by Public Law 100-203, section 5051, $3,800,000, to be
    derived from the Nuclear Waste Fund, to remain available until September
    30, 2023.

                    GENERAL PROVISIONS--INDEPENDENT AGENCIES

        Sec. 401. <<NOTE: Compliance.>>   The Nuclear Regulatory Commission
    shall comply with the July 5, 2011, version of Chapter VI of its
    Internal Commission Procedures when responding to Congressional requests
    for information, consistent with Department of Justice guidance for all
    Federal agencies.

        Sec. 402. (a) <<NOTE: Notification. Time period.>>  The amounts made
    available by this title for the Nuclear Regulatory Commission may be
    reprogrammed for any program, project, or activity, and the Commission
    shall notify the Committees on Appropriations of both Houses of Congress
    at least

    [[Page 136 STAT. 237]]

    30 days prior to the use of any proposed reprogramming that would cause
    any program funding level to increase or decrease by more than $500,000
    or 10 percent, whichever is less, during the time period covered by this
    Act.

        (b)(1) <<NOTE: Waiver authority.>>  The Nuclear Regulatory
    Commission may waive the notification requirement in subsection (a) if
    compliance with such requirement would pose a substantial risk to human
    health, the environment, welfare, or national security.

        (2) <<NOTE: Notification. Deadline.>>  The Nuclear Regulatory
    Commission shall notify the Committees on Appropriations of both Houses
    of Congress of any waiver under paragraph (1) as soon as practicable,
    but not later than 3 days after the date of the activity to which a
    requirement or restriction would otherwise have
    applied. <<NOTE: Reports.>>  Such notice shall include an explanation of
    the substantial risk under paragraph (1) that permitted such waiver and
    shall provide a detailed report to the Committees of such waiver and
    changes to funding levels to programs, projects, or activities.

        (c) Except as provided in subsections (a), (b), and (d), the amounts
    made available by this title for ``Nuclear Regulatory Commission--
    Salaries and Expenses'' shall be expended as directed in the explanatory
    statement described in section 4 (in the matter preceding division A of
    this consolidated Act).
        (d) None of the funds provided for the Nuclear Regulatory Commission
    shall be available for obligation or expenditure through a reprogramming
    of funds that increases funds or personnel for any program, project, or
    activity for which funds are denied or restricted by this Act.
        (e) <<NOTE: Reports.>>  The Commission shall provide a monthly
    report to the Committees on Appropriations of both Houses of Congress,
    which includes the following for each program, project, or activity,
    including any prior year appropriations--
                (1) total budget authority;
                (2) total unobligated balances; and
                (3) total unliquidated obligations.

                                     TITLE V

                               GENERAL PROVISIONS

                          (including transfer of funds)

        Sec. 501.  <<NOTE: Lobbying.>>  None of the funds appropriated by
    this Act may be used in any way, directly or indirectly, to influence
    congressional action on any legislation or appropriation matters pending
    before Congress, other than to communicate to Members of Congress as
    described in 18 U.S.C. 1913.

        Sec. 502. (a) None of the funds made available in title III of this
    Act may be transferred to any department, agency, or instrumentality of
    the United States Government, except pursuant to a transfer made by or
    transfer authority provided in this Act or any other appropriations Act
    for any fiscal year, transfer authority referenced in the explanatory
    statement described in section 4 (in the matter preceding division A of
    this consolidated Act), or any authority whereby a department, agency,
    or instrumentality of the United States Government may provide goods or
    services to another department, agency, or instrumentality.

    [[Page 136 STAT. 238]]

        (b) None of the funds made available for any department, agency, or
    instrumentality of the United States Government may be transferred to
    accounts funded in title III of this Act, except pursuant to a transfer
    made by or transfer authority provided in this Act or any other
    appropriations Act for any fiscal year, transfer authority referenced in
    the explanatory statement described in section 4 (in the matter
    preceding division A of this consolidated Act), or any authority whereby
    a department, agency, or instrumentality of the United States Government
    may provide goods or services to another department, agency, or
    instrumentality.
        (c) <<NOTE: Reports. Time periods.>>  The head of any relevant
    department or agency funded in this Act utilizing any transfer authority
    shall submit to the Committees on Appropriations of both Houses of
    Congress a semiannual report detailing the transfer authorities, except
    for any authority whereby a department, agency, or instrumentality of
    the United States Government may provide goods or services to another
    department, agency, or instrumentality, used in the previous 6 months
    and in the year-to-date. This report shall include the amounts
    transferred and the purposes for which they were transferred, and shall
    not replace or modify existing notification requirements for each
    authority.

        Sec. 503.  None of the funds made available by this Act may be used
    in contravention of Executive Order No. 12898 of February 11, 1994
    (Federal Actions to Address Environmental Justice in Minority
    Populations and Low-Income Populations).
        Sec. 504. <<NOTE: Pornography.>>  (a) None of the funds made
    available in this Act may be used to maintain or establish a computer
    network unless such network blocks the viewing, downloading, and
    exchanging of pornography.

        (b) Nothing in subsection (a) shall limit the use of funds necessary
    for any Federal, State, Tribal, or local law enforcement agency or any
    other entity carrying out criminal investigations, prosecution, or
    adjudication activities.
        Sec. 505.  The nineteenth proviso under the heading ``Fossil Energy
    and Carbon Management'' in title III of division J of Public Law 117-
    58 <<NOTE: 135 Stat. 1375.>>  is amended by striking ``(b)'' each place
    it appears and inserting ``(h)'':  Provided, That amounts repurposed
    pursuant to this section that were previously designated by the Congress
    as an emergency requirement pursuant to section 4112(a) of H. Con. Res.
    71 (115th Congress), the concurrent resolution on the budget for fiscal
    year 2018, and to section 251(b) of the Balanced Budget and Emergency
    Deficit Control Act of 1985 are designated by the Congress as an
    emergency requirement pursuant to section 4001(a)(1) and section 4001(b)
    of S. Con. Res. 14 (117th Congress), the concurrent resolution on the
    budget for fiscal year 2022.

        This division may be cited as the ``Energy and Water Development and
    Related Agencies Appropriations Act, 2022''.

    [[Page 136 STAT. 239]]

               DIVISION E <<NOTE: Financial Services and General
    Government Appropriations Act, 2022.>> --FINANCIAL SERVICES AND GENERAL
    GOVERNMENT APPROPRIATIONS ACT, 2022

    TITLE <<NOTE: Department of the Treasury Appropriations Act, 2022.>>  I

                           DEPARTMENT OF THE TREASURY

                              Departmental Offices

                              salaries and expenses

        For necessary expenses of the Departmental Offices including
    operation and maintenance of the Treasury Building and Freedman's Bank
    Building; hire of passenger motor vehicles; maintenance, repairs, and
    improvements of, and purchase of commercial insurance policies for, real
    properties leased or owned overseas, when necessary for the performance
    of official business; executive direction program activities;
    international affairs and economic policy activities; domestic finance
    and tax policy activities, including technical assistance to State,
    local, and territorial entities; and Treasury-wide management policies
    and programs activities, $243,109,000:  Provided, That of the amount
    appropriated under this heading--
                (1) not to exceed $350,000 is for official reception and
            representation expenses;
                (2) not to exceed $258,000 is for unforeseen emergencies of
            a confidential nature to be allocated and expended under the
            direction of the Secretary of the Treasury and to be accounted
            for solely on the Secretary's certificate; and
                (3) not to exceed $34,000,000 shall remain available until
            September 30, 2023, for--
                        (A) the Treasury-wide Financial Statement Audit and
                    Internal Control Program;
                        (B) information technology modernization
                    requirements;
                        (C) the audit, oversight, and administration of the
                    Gulf Coast Restoration Trust Fund;
                        (D) the development and implementation of programs
                    within the Office of Cybersecurity and Critical
                    Infrastructure Protection, including entering into
                    cooperative agreements;
                        (E) operations and maintenance of facilities; and
                        (F) international operations.

            committee on foreign investment in the united states fund

                          (including transfer of funds)

        For necessary expenses of the Committee on Foreign Investment in the
    United States, $20,000,000, to remain available until expended:
    Provided, <<NOTE: Notification.>>  That the chairperson of the Committee
    may transfer such amounts to any department or agency represented on the
    Committee (including the Department of the Treasury) subject to advance
    notification to the Committees on Appropriations of the House of
    Representatives and the Senate:  Provided further, That amounts so
    transferred shall remain available until expended for expenses of
    implementing section 721 of the Defense Production Act of 1950, as
    amended (50 U.S.C. 4565), and shall be available

    [[Page 136 STAT. 240]]

    in addition to any other funds available to any department or agency:
    Provided further, That fees authorized by section 721(p) of such Act
    shall be credited to this appropriation as offsetting collections:
    Provided further, That the total amount appropriated under this heading
    from the general fund shall be reduced as such offsetting collections
    are received during fiscal year 2022, so as to result in a total
    appropriation from the general fund estimated at not more than $0.

                 office of terrorism and financial intelligence

                              salaries and expenses

        For the necessary expenses of the Office of Terrorism and Financial
    Intelligence to safeguard the financial system against illicit use and
    to combat rogue nations, terrorist facilitators, weapons of mass
    destruction proliferators, human rights abusers, money launderers, drug
    kingpins, and other national security threats, $195,192,000, of which
    not less than $3,000,000 shall be available for addressing human rights
    violations and corruption, including activities authorized by the Global
    Magnitsky Human Rights Accountability Act (22 U.S.C. 2656 note):
    Provided, That of the amounts appropriated under this heading, up to
    $20,000,000 shall remain available until September 30, 2023.

                        cybersecurity enhancement account

        For salaries and expenses for enhanced cybersecurity for systems
    operated by the Department of the Treasury, $80,000,000, to remain
    available until September 30, 2024:  Provided, That such funds shall
    supplement and not supplant any other amounts made available to the
    Treasury offices and bureaus for cybersecurity:  Provided further, That
    of the total amount made available under this heading $4,000,000 shall
    be available for administrative expenses for the Treasury Chief
    Information Officer to provide oversight of the investments made under
    this heading:  Provided further, That such funds shall supplement and
    not supplant any other amounts made available to the Treasury Chief
    Information Officer.

            department-wide systems and capital investments programs

                          (including transfer of funds)

        For development and acquisition of automatic data processing
    equipment, software, and services and for repairs and renovations to
    buildings owned by the Department of the Treasury, $6,118,000, to remain
    available until September 30, 2024:  Provided, That these funds shall be
    transferred to accounts and in amounts as necessary to satisfy the
    requirements of the Department's offices, bureaus, and other
    organizations:  Provided further, That this transfer authority shall be
    in addition to any other transfer authority provided in this Act:
    Provided further, That none of the funds appropriated under this heading
    shall be used to support or supplement ``Internal Revenue Service,
    Operations Support'' or ``Internal Revenue Service, Business Systems
    Modernization''.

    [[Page 136 STAT. 241]]

                           office of inspector general

                              salaries and expenses

        For necessary expenses of the Office of Inspector General in
    carrying out the provisions of the Inspector General Act of 1978,
    $42,275,000, including hire of passenger motor vehicles; of which not to
    exceed $100,000 shall be available for unforeseen emergencies of a
    confidential nature, to be allocated and expended under the direction of
    the Inspector General of the Treasury; of which up to $2,800,000 to
    remain available until September 30, 2023, shall be for audits and
    investigations conducted pursuant to section 1608 of the Resources and
    Ecosystems Sustainability, Tourist Opportunities, and Revived Economies
    of the Gulf Coast States Act of 2012 (33 U.S.C. 1321 note); and of which
    not to exceed $1,000 shall be available for official reception and
    representation expenses.

                treasury inspector general for tax administration

                              salaries and expenses

        For necessary expenses of the Treasury Inspector General for Tax
    Administration in carrying out the Inspector General Act of 1978, as
    amended, including purchase and hire of passenger motor vehicles (31
    U.S.C. 1343(b)); and services authorized by 5 U.S.C. 3109, at such rates
    as may be determined by the Inspector General for Tax Administration;
    $174,250,000, of which $5,000,000 shall remain available until September
    30, 2023; of which not to exceed $6,000,000 shall be available for
    official travel expenses; of which not to exceed $500,000 shall be
    available for unforeseen emergencies of a confidential nature, to be
    allocated and expended under the direction of the Inspector General for
    Tax Administration; and of which not to exceed $1,500 shall be available
    for official reception and representation expenses.

         special inspector general for the troubled asset relief program

                              salaries and expenses

        For necessary expenses of the Office of the Special Inspector
    General in carrying out the provisions of the Emergency Economic
    Stabilization Act of 2008 (Public Law 110-343), $16,000,000.

                      Financial Crimes Enforcement Network

                              salaries and expenses

        For necessary expenses of the Financial Crimes Enforcement Network,
    including hire of passenger motor vehicles; travel and training expenses
    of non-Federal and foreign government personnel to attend meetings and
    training concerned with domestic and foreign financial intelligence
    activities, law enforcement, and financial regulation; services
    authorized by 5 U.S.C. 3109; not to exceed $25,000 for official
    reception and representation expenses; and for assistance to Federal law
    enforcement agencies, with or without reimbursement, $161,000,000, of
    which not to exceed $55,000,000 shall remain available until September
    30, 2024.

    [[Page 136 STAT. 242]]

                          Bureau of the Fiscal Service

                              salaries and expenses

        For necessary expenses of operations of the Bureau of the Fiscal
    Service, $355,936,000; of which not to exceed $8,000,000, to remain
    available until September 30, 2024, is for information systems
    modernization initiatives; and of which $5,000 shall be available for
    official reception and representation expenses.
        In addition, $165,000, to be derived from the Oil Spill Liability
    Trust Fund to reimburse administrative and personnel expenses for
    financial management of the Fund, as authorized by section 1012 of
    Public Law 101-380.

                    Alcohol and Tobacco Tax and Trade Bureau

                              salaries and expenses

        For necessary expenses of carrying out section 1111 of the Homeland
    Security Act of 2002, including hire of passenger motor vehicles,
    $128,067,000; of which not to exceed $6,000 shall be available for
    official reception and representation expenses; and of which not to
    exceed $50,000 shall be available for cooperative research and
    development programs for laboratory services; and provision of
    laboratory assistance to State and local agencies with or without
    reimbursement:  Provided, That of the amount appropriated under this
    heading, $5,000,000 shall be for the costs of accelerating the
    processing of formula and label applications:  Provided further, That of
    the amount appropriated under this heading, $5,000,000, to remain
    available until September 30, 2023, shall be for the costs associated
    with enforcement of and education regarding the trade practice
    provisions of the Federal Alcohol Administration Act (27 U.S.C. 201 et
    seq.).

                               United States Mint

                    united states mint public enterprise fund

        Pursuant to section 5136 of title 31, United States Code, the United
    States Mint is provided funding through the United States Mint Public
    Enterprise Fund for costs associated with the production of circulating
    coins, numismatic coins, and protective services, including both
    operating expenses and capital investments:  Provided, That the
    aggregate amount of new liabilities and obligations incurred during
    fiscal year 2022 under such section 5136 for circulating coinage and
    protective service capital investments of the United States Mint shall
    not exceed $50,000,000.

        Community Development Financial Institutions Fund Program Account

        To carry out the Riegle Community Development and Regulatory
    Improvement Act of 1994 (subtitle A of title I of Public Law 103-325),
    including services authorized by section 3109 of title 5, United States
    Code, but at rates for individuals not to exceed the per diem rate
    equivalent to the rate for EX-III, $295,000,000. Of the amount
    appropriated under this heading--

    [[Page 136 STAT. 243]]

                (1) not less than $173,383,000, notwithstanding section
            108(e) of Public Law 103-325 (12 U.S.C. 4707(e)) with regard to
            Small and/or Emerging Community Development Financial
            Institutions Assistance awards, is available until September 30,
            2023, for financial assistance and technical assistance under
            subparagraphs (A) and (B) of section 108(a)(1), respectively, of
            Public Law 103-325 (12 U.S.C. 4707(a)(1)(A) and (B)), of which
            up to $1,600,000 may be available for training and outreach
            under section 109 of Public Law 103-325 (12 U.S.C. 4708), of
            which up to $3,153,750 may be used for the cost of direct loans,
            of which up to $10,000,000, notwithstanding subsection (d) of
            section 108 of Public Law 103-325 (12 U.S.C. 4707 (d)), may be
            available to provide financial assistance, technical assistance,
            training, and outreach to community development financial
            institutions to expand investments that benefit individuals with
            disabilities, and of which not less than $2,000,000 shall be for
            the Economic Mobility Corps to be operated in conjunction with
            the Corporation for National and Community Service, pursuant to
            42 U.S.C. 12571:  Provided, That the cost of direct and
            guaranteed loans, including the cost of modifying such loans,
            shall be as defined in section 502 of the Congressional Budget
            Act of 1974:  Provided further, That these funds are available
            to subsidize gross obligations for the principal amount of
            direct loans not to exceed $25,000,000:  Provided further, That
            of the funds provided under this paragraph, excluding those made
            to community development financial institutions to expand
            investments that benefit individuals with disabilities and those
            made to community development financial institutions that serve
            populations living in persistent poverty counties, the CDFI Fund
            shall prioritize Financial Assistance awards to organizations
            that invest and lend in high-poverty areas:  Provided
            further, <<NOTE: Definition. Time period. State and local
            governments. Puerto Rico.>>  That for purposes of this section,
            the term ``high-poverty area'' means any census tract with a
            poverty rate of at least 20 percent as measured by the 2011-2015
            5-year data series available from the American Community Survey
            of the Bureau of the Census for all States and Puerto Rico or
            with a poverty rate of at least 20 percent as measured by the
            2010 Island areas Decennial Census data for any territory or
            possession of the United States;
                (2) not less than $21,500,000, notwithstanding section
            108(e) of Public Law 103-325 (12 U.S.C. 4707(e)), is available
            until September 30, 2023, for financial assistance, technical
            assistance, training, and outreach programs designed to benefit
            Native American, Native Hawaiian, and Alaska Native communities
            and provided primarily through qualified community development
            lender organizations with experience and expertise in community
            development banking and lending in Indian country, Native
            American organizations, Tribes and Tribal organizations, and
            other suitable providers;
                (3) not less than $35,000,000 is available until September
            30, 2023, for the Bank Enterprise Award program;
                (4) not less than $23,000,000, notwithstanding subsections
            (d) and (e) of section 108 of Public Law 103-325 (12 U.S.C.
            4707(d) and (e)), is available until September 30, 2023, for a
            Healthy Food Financing Initiative to provide financial
            assistance, technical assistance, training, and outreach to
            community development financial institutions for the purpose of
            offering

    [[Page 136 STAT. 244]]

            affordable financing and technical assistance to expand the
            availability of healthy food options in distressed communities;
                (5) not less than $8,500,000 is available until September
            30, 2023, to provide grants for loan loss reserve funds and to
            provide technical assistance for small dollar loan programs
            under section 122 of Public Law 103-325 (12 U.S.C. 4719):
            Provided, That sections 108(d) and 122(b)(2) of such Public Law
            shall not apply to the provision of such grants and technical
            assistance;
                (6) up to $33,617,000 is available for administrative
            expenses, including administration of CDFI Fund programs and the
            New Markets Tax Credit Program, of which not less than
            $1,000,000 is for the development of tools to better assess and
            inform CDFI investment performance and CDFI program impacts, and
            up to $300,000 is for administrative expenses to carry out the
            direct loan program; and
                (7) during fiscal year 2022, none of the funds available
            under this heading are available for the cost, as defined in
            section 502 of the Congressional Budget Act of 1974, of
            commitments to guarantee bonds and notes under section 114A of
            the Riegle Community Development and Regulatory Improvement Act
            of 1994 (12 U.S.C. 4713a):  Provided, That commitments to
            guarantee bonds and notes under such section 114A shall not
            exceed $500,000,000:  Provided further, <<NOTE: Termination
            date. 12 USC 4713a note.>>  That such section 114A shall remain
            in effect until December 31, 2022:  Provided further, That of
            the funds awarded under this heading, except those provided for
            the Economic Mobility Corps, not less than 10 percent shall be
            used for awards that support investments that serve populations
            living in persistent poverty counties:  Provided
            further, <<NOTE: Definition. Puerto Rico. Time period.>>  That
            for the purposes of this paragraph and paragraph (1), the term
            ``persistent poverty counties'' means any county, including
            county equivalent areas in Puerto Rico, that has had 20 percent
            or more of its population living in poverty over the past 30
            years, as measured by the 1990 and 2000 decennial censuses and
            the 2011-2015 5-year data series available from the American
            Community Survey of the Bureau of the Census or any other
            territory or possession of the United States that has had 20
            percent or more of its population living in poverty over the
            past 30 years, as measured by the 1990, 2000 and 2010 Island
            Areas Decennial Censuses, or equivalent data, of the Bureau of
            the Census.

                            Internal Revenue Service

                                taxpayer services

        For necessary expenses of the Internal Revenue Service to provide
    taxpayer services, including pre-filing assistance and education, filing
    and account services, taxpayer advocacy services, and other services as
    authorized by 5 U.S.C. 3109, at such rates as may be determined by the
    Commissioner, $2,780,606,000, of which not to exceed $100,000,000 shall
    remain available until September 30, 2023, of which not less than
    $11,000,000 shall be for the Tax Counseling for the Elderly Program, of
    which not less than $13,000,000 shall be available for low-income
    taxpayer clinic grants, of which not less than $30,000,000, to remain
    available until September 30, 2023, shall be available for the Community
    Volunteer

    [[Page 136 STAT. 245]]

    Income Tax Assistance Matching Grants Program for tax return preparation
    assistance, and of which not less than $221,000,000 shall be available
    for operating expenses of the Taxpayer Advocate Service:  Provided, That
    of the amounts made available for the Taxpayer Advocate Service, not
    less than $5,500,000 shall be for identity theft and refund fraud
    casework.

                                   enforcement

        For necessary expenses for tax enforcement activities of the
    Internal Revenue Service to determine and collect owed taxes, to provide
    legal and litigation support, to conduct criminal investigations, to
    enforce criminal statutes related to violations of internal revenue laws
    and other financial crimes, to purchase and hire passenger motor
    vehicles (31 U.S.C. 1343(b)), and to provide other services as
    authorized by 5 U.S.C. 3109, at such rates as may be determined by the
    Commissioner, $5,437,622,000, of which not to exceed $250,000,000 shall
    remain available until September 30, 2023; of which not less than
    $60,257,000 shall be for the Interagency Crime and Drug Enforcement
    program; of which not to exceed $21,000,000 shall be for investigative
    technology for the Criminal Investigation Division; and of which not
    more than $75,000,000 shall be available to address the Internal Revenue
    Service's paper inventory of amended returns, correspondence and
    adjustments to return filings:  Provided, That the amount made available
    for addressing paper inventory shall be in addition to amounts made
    available for such purpose under the ``Taxpayer Services'' heading:
    Provided further, That the amount made available for investigative
    technology for the Criminal Investigation Division shall be in addition
    to amounts made available for the Criminal Investigation Division under
    the ``Operations Support'' heading.

                               operations support

        For necessary expenses of the Internal Revenue Service to support
    taxpayer services and enforcement programs, including rent payments;
    facilities services; printing; postage; physical security; headquarters
    and other IRS-wide administration activities; research and statistics of
    income; telecommunications; information technology development,
    enhancement, operations, maintenance, and security; the hire of
    passenger motor vehicles (31 U.S.C. 1343(b)); the operations of the
    Internal Revenue Service Oversight Board; and other services as
    authorized by 5 U.S.C. 3109, at such rates as may be determined by the
    Commissioner; $4,100,826,000, of which not to exceed $275,000,000 shall
    remain available until September 30, 2023; of which not to exceed
    $10,000,000 shall remain available until expended for acquisition of
    equipment and construction, repair and renovation of facilities; of
    which not to exceed $1,000,000 shall remain available until September
    30, 2024, for research; of which not less than $10,000,000, to remain
    available until expended, shall be available for establishment of an
    application through which entities registering and renewing
    registrations in the System for Award Management may request an
    authenticated electronic certification stating that the entity does or
    does not have a seriously delinquent tax debt; of which not to exceed
    $20,000 shall be for official reception and representation expenses; and
    of which not more than $5,000,000 shall be available to address the
    Internal Revenue Service's paper inventory of amended returns,

    [[Page 136 STAT. 246]]

    correspondence and adjustments to return filings:  Provided, That the
    amount made available for addressing paper inventory shall be in
    addition to amounts made available for such purpose under the ``Taxpayer
    Services'' heading:  Provided
    further, <<NOTE: Reports. Summaries. Strategies. 26 USC 7801 note.>>
    That not later than 30 days after the end of each quarter, the Internal
    Revenue Service shall submit a report to the Committees on
    Appropriations of the House of Representatives and the Senate and the
    Comptroller General of the United States detailing major information
    technology investments in the Internal Revenue Service Integrated
    Modernization Business Plan portfolio, including detailed, plain
    language summaries on the status of plans, costs, and results; prior
    results and actual expenditures of the prior quarter; upcoming
    deliverables and costs for the fiscal year; risks and mitigation
    strategies associated with ongoing work; reasons for any cost or
    schedule variances; and total expenditures by fiscal year:  Provided
    further, <<NOTE: Summaries.>>  That the Internal Revenue Service shall
    include, in its budget justification for fiscal year 2023, a summary of
    cost and schedule performance information for its major information
    technology systems.

                         business systems modernization

        For necessary expenses of the Internal Revenue Service's business
    systems modernization program, $275,000,000, to remain available until
    September 30, 2024, and shall be for the capital asset acquisition of
    information technology systems, including management and related
    contractual costs of said acquisitions, including related Internal
    Revenue Service labor costs, and contractual costs associated with
    operations authorized by 5 U.S.C. 3109:  Provided, That
    not <<NOTE: Reports. Summaries. Strategies. 26 USC 7801 note.>> later
    than 30 days after the end of each quarter, the Internal Revenue Service
    shall submit a report to the Committees on Appropriations of the House
    of Representatives and the Senate and the Comptroller General of the
    United States detailing major information technology investments in the
    Internal Revenue Service Integrated Modernization Business Plan
    portfolio, including detailed, plain language summaries on the status of
    plans, costs, and results; prior results and actual expenditures of the
    prior quarter; upcoming deliverables and costs for the fiscal year;
    risks and mitigation strategies associated with ongoing work; reasons
    for any cost or schedule variances; and total expenditures by fiscal
    year.

               administrative provisions--internal revenue service

                          (including transfer of funds)

        Sec. 101.  <<NOTE: Advance approval.>>  Not to exceed 4 percent of
    the appropriation made available in this Act to the Internal Revenue
    Service under the ``Enforcement'' heading, and not to exceed 5 percent
    of any other appropriation made available in this Act to the Internal
    Revenue Service, may be transferred to any other Internal Revenue
    Service appropriation upon the advance approval of the Committees on
    Appropriations of the House of Representatives and the Senate.

        Sec. 102.  The Internal Revenue Service shall maintain an employee
    training program, which shall include the following topics: taxpayers'
    rights, dealing courteously with taxpayers, cross-cultural relations,
    ethics, and the impartial application of tax law.

    [[Page 136 STAT. 247]]

        Sec. 103.  <<NOTE: Procedures. Confidentiality. Identify theft.>>
    The Internal Revenue Service shall institute and enforce policies and
    procedures that will safeguard the confidentiality of taxpayer
    information and protect taxpayers against identity theft.

        Sec. 104.  Funds made available by this or any other Act to the
    Internal Revenue Service shall be available for improved facilities and
    increased staffing to provide sufficient and effective 1-800 help line
    service for taxpayers. The Commissioner shall continue to make
    improvements to the Internal Revenue Service 1-800 help line service a
    priority and allocate resources necessary to enhance the response time
    to taxpayer communications, particularly with regard to victims of tax-
    related crimes.
        Sec. 105.  <<NOTE: Notice.>>  The Internal Revenue Service shall
    issue a notice of confirmation of any address change relating to an
    employer making employment tax payments, and such notice shall be sent
    to both the employer's former and new address and an officer or employee
    of the Internal Revenue Service shall give special consideration to an
    offer-in-compromise from a taxpayer who has been the victim of fraud by
    a third party payroll tax preparer.

        Sec. 106.  None of the funds made available under this Act may be
    used by the Internal Revenue Service to target citizens of the United
    States for exercising any right guaranteed under the First Amendment to
    the Constitution of the United States.
        Sec. 107.  None of the funds made available in this Act may be used
    by the Internal Revenue Service to target groups for regulatory scrutiny
    based on their ideological beliefs.
        Sec. 108.  None of funds made available by this Act to the Internal
    Revenue Service shall be obligated or expended on conferences that do
    not adhere to the procedures, verification processes, documentation
    requirements, and policies issued by the Chief Financial Officer, Human
    Capital Office, and Agency-Wide Shared Services as a result of the
    recommendations in the report published on May 31, 2013, by the Treasury
    Inspector General for Tax Administration entitled ``Review of the August
    2010 Small Business/Self-Employed Division's Conference in Anaheim,
    California'' (Reference Number 2013-10-037).
        Sec. 109.  None of the funds made available in this Act to the
    Internal Revenue Service may be obligated or expended--
                (1) to make a payment to any employee under a bonus, award,
            or recognition program; or
                (2) under any hiring or personnel selection process with
            respect to re-hiring a former employee;

    unless such program or process takes into account the conduct and
    Federal tax compliance of such employee or former employee.
        Sec. 110.  None of the funds made available by this Act may be used
    in contravention of section 6103 of the Internal Revenue Code of 1986
    (relating to confidentiality and disclosure of returns and return
    information).
        Sec. 111.  The Secretary of the Treasury (or the Secretary's
    delegate) may use the funds made available in this Act, subject to such
    policies as the Secretary (or the Secretary's delegate) may establish,
    to utilize direct hire authority to recruit and appoint qualified
    applicants, without regard to any notice or preference requirements,
    directly to positions in the competitive service to process backlogged
    tax returns and return information.

    [[Page 136 STAT. 248]]

              Administrative Provisions--Department of the Treasury

                         (including transfers of funds)

        Sec. 112.  <<NOTE: Contracts.>>  Appropriations to the Department of
    the Treasury in this Act shall be available for uniforms or allowances
    therefor, as authorized by law (5 U.S.C. 5901), including maintenance,
    repairs, and cleaning; purchase of insurance for official motor vehicles
    operated in foreign countries; purchase of motor vehicles without regard
    to the general purchase price limitations for vehicles purchased and
    used overseas for the current fiscal year; entering into contracts with
    the Department of State for the furnishing of health and medical
    services to employees and their dependents serving in foreign countries;
    and services authorized by 5 U.S.C. 3109.

        Sec. 113.  <<NOTE: Advance approval.>>  Not to exceed 2 percent of
    any appropriations in this title made available under the headings
    ``Departmental Offices--Salaries and Expenses'', ``Office of Inspector
    General'', ``Special Inspector General for the Troubled Asset Relief
    Program'', ``Financial Crimes Enforcement Network'', ``Bureau of the
    Fiscal Service'', and ``Alcohol and Tobacco Tax and Trade Bureau'' may
    be transferred between such appropriations upon the advance approval of
    the Committees on Appropriations of the House of Representatives and the
    Senate:  Provided, That no transfer under this section may increase or
    decrease any such appropriation by more than 2 percent.

        Sec. 114.  <<NOTE: Advance approval.>>  Not to exceed 2 percent of
    any appropriation made available in this Act to the Internal Revenue
    Service may be transferred to the Treasury Inspector General for Tax
    Administration's appropriation upon the advance approval of the
    Committees on Appropriations of the House of Representatives and the
    Senate:  Provided, That no transfer may increase or decrease any such
    appropriation by more than 2 percent.

        Sec. 115.  None of the funds appropriated in this Act or otherwise
    available to the Department of the Treasury or the Bureau of Engraving
    and Printing may be used to redesign the $1 Federal Reserve note.
        Sec. 116.  The Secretary of the Treasury may transfer funds from the
    ``Bureau of the Fiscal Service--Salaries and Expenses'' to the Debt
    Collection Fund as necessary to cover the costs of debt collection:
    Provided, <<NOTE: Reimbursement.>>  That such amounts shall be
    reimbursed to such salaries and expenses account from debt collections
    received in the Debt Collection Fund.

        Sec. 117.  <<NOTE: Approval requirement.>>  None of the funds
    appropriated or otherwise made available by this or any other Act may be
    used by the United States Mint to construct or operate any museum
    without the explicit approval of the Committees on Appropriations of the
    House of Representatives and the Senate, the House Committee on
    Financial Services, and the Senate Committee on Banking, Housing, and
    Urban Affairs.

        Sec. 118.  <<NOTE: Approval requirement.>>  None of the funds
    appropriated or otherwise made available by this or any other Act or
    source to the Department of the Treasury, the Bureau of Engraving and
    Printing, and the United States Mint, individually or collectively, may
    be used to consolidate any or all functions of the Bureau of Engraving
    and Printing and the United States Mint without the explicit approval

    [[Page 136 STAT. 249]]

    of the House Committee on Financial Services; the Senate Committee on
    Banking, Housing, and Urban Affairs; and the Committees on
    Appropriations of the House of Representatives and the Senate.

        Sec. 119.  Funds appropriated by this Act, or made available by the
    transfer of funds in this Act, for the Department of the Treasury's
    intelligence or intelligence related activities are deemed to be
    specifically authorized by the Congress for purposes of section 504 of
    the National Security Act of 1947 (50 U.S.C. 414) during fiscal year
    2022 until the enactment of the Intelligence Authorization Act for
    Fiscal Year 2022.
        Sec. 120.  Not to exceed $5,000 shall be made available from the
    Bureau of Engraving and Printing's Industrial Revolving Fund for
    necessary official reception and representation expenses.
        Sec. 121.  <<NOTE: Plan. Deadline.>>  The Secretary of the Treasury
    shall submit a Capital Investment Plan to the Committees on
    Appropriations of the House of Representatives and the Senate not later
    than 30 days following the submission of the annual budget submitted by
    the President:  Provided, That such Capital Investment Plan shall
    include capital investment spending from all accounts within the
    Department of the Treasury, including but not limited to the Department-
    wide Systems and Capital Investment Programs account, Treasury Franchise
    Fund account, and the Treasury Forfeiture Fund account:  Provided
    further, That such Capital Investment Plan shall include expenditures
    occurring in previous fiscal years for each capital investment project
    that has not been fully completed.

        Sec. 122.  <<NOTE: Reports.>>  Within 45 days after the date of
    enactment of this Act, the Secretary of the Treasury shall submit an
    itemized report to the Committees on Appropriations of the House of
    Representatives and the Senate on the amount of total funds charged to
    each office by the Franchise Fund including the amount charged for each
    service provided by the Franchise Fund to each office, a detailed
    description of the services, a detailed explanation of how each charge
    for each service is calculated, and a description of the role customers
    have in governing in the Franchise Fund.

        Sec. 123.  <<NOTE: Non profit organizations.>>  During fiscal year
    2022--
                (1) none of the funds made available in this or any other
            Act may be used by the Department of the Treasury, including the
            Internal Revenue Service, to issue, revise, or finalize any
            regulation, revenue ruling, or other guidance not limited to a
            particular taxpayer relating to the standard which is used to
            determine whether an organization is operated exclusively for
            the promotion of social welfare for purposes of section
            501(c)(4) of the Internal Revenue Code of 1986 (including the
            proposed regulations published at 78 Fed. Reg. 71535 (November
            29, 2013)); and
                (2) <<NOTE: Applicability. Determination.>>  the standard
            and definitions as in effect on January 1, 2010, which are used
            to make such determinations shall apply after the date of the
            enactment of this Act for purposes of determining status under
            section 501(c)(4) of such Code of organizations created on,
            before, or after such date.

        Sec. 124. (a) <<NOTE: Reports.>>  Not later than 60 days after the
    end of each quarter, the Office of Financial Stability and the Office of
    Financial Research shall submit reports on their activities to the
    Committees on Appropriations of the House of Representatives and the
    Senate,

    [[Page 136 STAT. 250]]

    the Committee on Financial Services of the House of Representatives and
    the Senate Committee on Banking, Housing, and Urban Affairs.

        (b) The reports required under subsection (a) shall include--
                (1) the obligations made during the previous quarter by
            object class, office, and activity;
                (2) <<NOTE: Estimate.>>  the estimated obligations for the
            remainder of the fiscal year by object class, office, and
            activity;
                (3) the number of full-time equivalents within each office
            during the previous quarter;
                (4) <<NOTE: Estimate.>>  the estimated number of full-time
            equivalents within each office for the remainder of the fiscal
            year; and
                (5) actions taken to achieve the goals, objectives, and
            performance measures of each office.

        (c) <<NOTE: Testimony.>>  At the request of any such Committees
    specified in subsection (a), the Office of Financial Stability and the
    Office of Financial Research shall make officials available to testify
    on the contents of the reports required under subsection (a).

        Sec. 125.  In addition to amounts otherwise available, there is
    appropriated to the Special Inspector General for Pandemic Recovery,
    $8,000,000, to remain available until expended, for necessary expenses
    in carrying out section 4018 of the Coronavirus Aid, Relief, and
    Economic Security Act of 2020 (Public Law 116-136).
        This title may be cited as the ``Department of the Treasury
    Appropriations Act, 2022''.

      TITLE <<NOTE: Executive Office of the President Appropriations Act,
    2022.>>  II

        EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO THE
                                    PRESIDENT

                                 The White House

                              salaries and expenses

        For necessary expenses for the White House as authorized by law,
    including not to exceed $3,850,000 for services as authorized by 5
    U.S.C. 3109 and 3 U.S.C. 105; subsistence expenses as authorized by 3
    U.S.C. 105, which shall be expended and accounted for as provided in
    that section; hire of passenger motor vehicles, and travel (not to
    exceed $100,000 to be expended and accounted for as provided by 3 U.S.C.
    103); and not to exceed $19,000 for official reception and
    representation expenses, to be available for allocation within the
    Executive Office of the President; and for necessary expenses of the
    Office of Policy Development, including services as authorized by 5
    U.S.C. 3109 and 3 U.S.C. 107, $65,000,000.

                     Executive Residence at the White House

                               operating expenses

        For necessary expenses of the Executive Residence at the White
    House, $14,050,000, to be expended and accounted for as provided by 3
    U.S.C. 105, 109, 110, and 112-114.

    [[Page 136 STAT. 251]]

                              reimbursable expenses

        For the reimbursable expenses of the Executive Residence at the
    White House, such sums as may be necessary:  Provided, That all
    reimbursable operating expenses of the Executive Residence shall be made
    in accordance with the provisions of this paragraph:  Provided further,
    That, notwithstanding any other provision of law, such amount for
    reimbursable operating expenses shall be the exclusive authority of the
    Executive Residence to incur obligations and to receive offsetting
    collections, for such expenses:  Provided further,
    That <<NOTE: Requirement. Advance payment.>> the Executive Residence
    shall require each person sponsoring a reimbursable political event to
    pay in advance an amount equal to the estimated cost of the event, and
    all such advance payments shall be credited to this account and remain
    available until expended:  Provided further, <<NOTE: Requirement.>> That
    the Executive Residence shall require the national committee of the
    political party of the President to maintain on deposit $25,000, to be
    separately accounted for and available for expenses relating to
    reimbursable political events sponsored by such committee during such
    fiscal year:  Provided further, That <<NOTE: Notice. Deadlines.>> the
    Executive Residence shall ensure that a written notice of any amount
    owed for a reimbursable operating expense under this paragraph is
    submitted to the person owing such amount within 60 days after such
    expense is incurred, and that such amount is collected within 30 days
    after the submission of such notice:  Provided
    further, <<NOTE: Penalties. Deadline.>>  That the Executive Residence
    shall charge interest and assess penalties and other charges on any such
    amount that is not reimbursed within such 30 days, in accordance with
    the interest and penalty provisions applicable to an outstanding debt on
    a United States Government claim under 31 U.S.C. 3717:  Provided
    further, That each such amount that is reimbursed, and any accompanying
    interest and charges, shall be deposited in the Treasury as
    miscellaneous receipts:  Provided further, <<NOTE: Reports.>>  That the
    Executive Residence shall prepare and submit to the Committees on
    Appropriations, by not later than 90 days after the end of the fiscal
    year covered by this Act, a report setting forth the reimbursable
    operating expenses of the Executive Residence during the preceding
    fiscal year, including the total amount of such expenses, the amount of
    such total that consists of reimbursable official and ceremonial events,
    the amount of such total that consists of reimbursable political events,
    and the portion of each such amount that has been reimbursed as of the
    date of the report:  Provided further, <<NOTE: Records.>>  That the
    Executive Residence shall maintain a system for the tracking of expenses
    related to reimbursable events within the Executive Residence that
    includes a standard for the classification of any such expense as
    political or nonpolitical:  Provided further, That no provision of this
    paragraph may be construed to exempt the Executive Residence from any
    other applicable requirement of subchapter I or II of chapter 37 of
    title 31, United States Code.

                       White House Repair and Restoration

        For the repair, alteration, and improvement of the Executive
    Residence at the White House pursuant to 3 U.S.C. 105(d), $2,500,000, to
    remain available until expended, for required maintenance, resolution of
    safety and health issues, and continued preventative maintenance.

    [[Page 136 STAT. 252]]

                          Council of Economic Advisers

                              salaries and expenses

        For necessary expenses of the Council of Economic Advisers in
    carrying out its functions under the Employment Act of 1946 (15 U.S.C.
    1021 et seq.), $4,120,000.

             National Security Council and Homeland Security Council

                              salaries and expenses

        For necessary expenses of the National Security Council and the
    Homeland Security Council, including services as authorized by 5 U.S.C.
    3109, $12,500,000, of which not to exceed $6,000 shall be available for
    official reception and representation expenses.

                            Office of Administration

                              salaries and expenses

        For necessary expenses of the Office of Administration, including
    services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 107, and hire of
    passenger motor vehicles, $106,500,000, of which not to exceed
    $12,800,000 shall remain available until expended for continued
    modernization of information resources within the Executive Office of
    the President:  Provided, That of the amounts provided under this
    heading, up to $4,500,000 shall be available for a program to provide
    payments (such as stipends, subsistence allowances, cost reimbursements,
    or awards) to students, recent graduates, and veterans recently
    discharged from active duty who are performing voluntary services in the
    Executive Office of the President under section 3111(b) of title 5,
    United States Code, or comparable authority and shall be in addition to
    amounts otherwise available to pay or compensate such individuals:
    Provided further, That such payments shall not be considered
    compensation for purposes of such section 3111(b) and may be paid in
    advance.

                         Office of Management and Budget

                              salaries and expenses

        For necessary expenses of the Office of Management and Budget,
    including hire of passenger motor vehicles and services as authorized by
    5 U.S.C. 3109, to carry out the provisions of chapter 35 of title 44,
    United States Code, and to prepare and submit the budget of the United
    States Government, in accordance with section 1105(a) of title 31,
    United States Code, $116,000,000, of which not to exceed $3,000 shall be
    available for official representation expenses:  Provided, That none of
    the funds appropriated in this Act for the Office of Management and
    Budget may be used for the purpose of reviewing any agricultural
    marketing orders or any activities or regulations under the provisions
    of the Agricultural Marketing Agreement Act of 1937 (7 U.S.C. 601 et
    seq.):  Provided further, That none of the funds made available for the
    Office of Management and Budget by this Act may be expended for the
    altering of the transcript of actual testimony of witnesses, except for
    testimony of officials of the Office of Management and

    [[Page 136 STAT. 253]]

    Budget, before the Committees on Appropriations or their subcommittees:
    Provided further, That none of the funds made available for the Office
    of Management and Budget by this Act may be expended for the altering of
    the annual work plan developed by the Corps of Engineers for submission
    to the Committees on Appropriations:  Provided further, That none of the
    funds provided in this or prior Acts shall be used, directly or
    indirectly, by the Office of Management and Budget, for evaluating or
    determining if water resource project or study reports submitted by the
    Chief of Engineers acting through the Secretary of the Army are in
    compliance with all applicable laws, regulations, and requirements
    relevant to the Civil Works water resource planning process:  Provided
    further, That <<NOTE: Deadline. Policy reviews.>> the Office of
    Management and Budget shall have not more than 60 days in which to
    perform budgetary policy reviews of water resource matters on which the
    Chief of Engineers has reported:  Provided
    further, <<NOTE: Notification.>>  That the Director of the Office of
    Management and Budget shall notify the appropriate authorizing and
    appropriating committees when the 60-day review is initiated:  Provided
    further, <<NOTE: Reports.>>  That if water resource reports have not
    been transmitted to the appropriate authorizing and appropriating
    committees within 15 days after the end of the Office of Management and
    Budget review period based on the notification from the Director,
    Congress shall assume Office of Management and Budget concurrence with
    the report and act accordingly:  Provided
    further, <<NOTE: Deadline. Public information. Web posting. List.>>
    That no later than 14 days after the submission of the budget of the
    United States Government for fiscal year 2023, the Director of the
    Office of Management and Budget shall make publicly available on a
    website a tabular list for each agency that submits budget justification
    materials (as defined in section 3 of the Federal Funding Accountability
    and Transparency Act of 2006) that shall include, at minimum, the name
    of the agency, the date on which the budget justification materials of
    the agency were submitted to Congress, and a uniform resource locator
    where the budget justification materials are published on the website of
    the agency.

                  Intellectual Property Enforcement Coordinator

        For necessary expenses of the Office of the Intellectual Property
    Enforcement Coordinator, as authorized by title III of the Prioritizing
    Resources and Organization for Intellectual Property Act of 2008 (Public
    Law 110-403), including services authorized by 5 U.S.C. 3109,
    $1,838,000.

                     Office of National Drug Control Policy

                              salaries and expenses

        For necessary expenses of the Office of National Drug Control
    Policy; for research activities pursuant to the Office of National Drug
    Control Policy Reauthorization Act of 1998, as amended; not to exceed
    $10,000 for official reception and representation expenses; and for
    participation in joint projects or in the provision of services on
    matters of mutual interest with nonprofit, research, or public
    organizations or agencies, with or without reimbursement, $18,952,000:
    Provided, <<NOTE: 21 USC 1702 note.>>  That the Office is authorized to
    accept, hold, administer, and utilize gifts, both real and personal,
    public and

    [[Page 136 STAT. 254]]

    private, without fiscal year limitation, for the purpose of aiding or
    facilitating the work of the Office.

                          federal drug control programs

                  high intensity drug trafficking areas program

                         (including transfers of funds)

         <<NOTE: Deadline.>> For necessary expenses of the Office of
    National Drug Control Policy's High Intensity Drug Trafficking Areas
    Program, $296,600,000, to remain available until September 30, 2023, for
    drug control activities consistent with the approved strategy for each
    of the designated High Intensity Drug Trafficking Areas (``HIDTAs''), of
    which not less than 51 percent shall be transferred to State and local
    entities for drug control activities and shall be obligated not later
    than 120 days after enactment of this Act:  Provided, That up to 49
    percent may be transferred to Federal agencies and departments in
    amounts determined by the Director of the Office of National Drug
    Control Policy, of which up to $5,800,000 may be used for auditing
    services and associated activities and $3,500,000 shall be for a new
    Grants Management System for use by the Office of National Drug Control
    Policy:  Provided further, That any unexpended funds obligated prior to
    fiscal year 2020 may be used for any other approved activities of that
    HIDTA, subject to reprogramming requirements:  Provided
    further, <<NOTE: Submission.>>  That each HIDTA designated as of
    September 30, 2021, shall be funded at not less than the fiscal year
    2021 base level, unless the Director submits to the Committees on
    Appropriations of the House of Representatives and the Senate
    justification for changes to those levels based on clearly articulated
    priorities and published Office of National Drug Control Policy
    performance measures of effectiveness:  Provided
    further, <<NOTE: Notification. Deadlines. Determination. Consultation.>>
     That the Director shall notify the Committees on Appropriations of the
    initial allocation of fiscal year 2022 funding among HIDTAs not later
    than 45 days after enactment of this Act, and shall notify the
    Committees of planned uses of discretionary HIDTA funding, as determined
    in consultation with the HIDTA Directors, not later than 90 days after
    enactment of this Act:  Provided
    further, <<NOTE: Determination. Notification.>>  That upon a
    determination that all or part of the funds so transferred from this
    appropriation are not necessary for the purposes provided herein and
    upon notification to the Committees on Appropriations of the House of
    Representatives and the Senate, such amounts may be transferred back to
    this appropriation.

                       other federal drug control programs

                         (including transfers of funds)

        For other drug control activities authorized by the Anti-Drug Abuse
    Act of 1988 and the Office of National Drug Control Policy
    Reauthorization Act of 1998, as amended, $133,617,000, to remain
    available until expended, which shall be available as follows:
    $106,000,000 for the Drug-Free Communities Program, of which not more
    than $11,250,000 is for administrative expenses, and of which $2,500,000
    shall be made available as directed by section 4 of Public Law 107-82,
    as amended by section 8204 of Public Law 115-271; $3,000,000 for drug
    court training and technical

    [[Page 136 STAT. 255]]

    assistance; $15,000,000 for anti-doping activities; up to $3,167,000 for
    the United States membership dues to the World Anti-Doping Agency;
    $1,250,000 for the Model Acts Program; and $5,200,000 for activities
    authorized by section 103 of Public Law 114-198:  Provided, That amounts
    made available under this heading may be transferred to other Federal
    departments and agencies to carry out such activities:  Provided
    further, <<NOTE: Time period. Spending plan.>>  That the Director of the
    Office of National Drug Control Policy shall, not fewer than 30 days
    prior to obligating funds under this heading for United States
    membership dues to the World Anti-Doping Agency, submit to the
    Committees on Appropriations of the House of Representatives and the
    Senate a spending plan and explanation of the proposed uses of these
    funds.

                               Unanticipated Needs

        For expenses necessary to enable the President to meet unanticipated
    needs, in furtherance of the national interest, security, or defense
    which may arise at home or abroad during the current fiscal year, as
    authorized by 3 U.S.C. 108, $1,000,000, to remain available until
    September 30, 2023.

                   Information Technology Oversight and Reform

                          (including transfer of funds)

        For necessary expenses for the furtherance of integrated, efficient,
    secure, and effective uses of information technology in the Federal
    Government, $8,000,000, to remain available until expended:  Provided,
    That the Director of the Office of Management and Budget may transfer
    these funds to one or more other agencies to carry out projects to meet
    these purposes.

                       Special Assistance to the President

                              salaries and expenses

        For necessary expenses to enable the Vice President to provide
    assistance to the President in connection with specially assigned
    functions; services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 106,
    including subsistence expenses as authorized by 3 U.S.C. 106, which
    shall be expended and accounted for as provided in that section; and
    hire of passenger motor vehicles, $4,839,000.

                    Official Residence of the Vice President

                               operating expenses

                          (including transfer of funds)

        For the care, operation, refurnishing, improvement, and to the
    extent not otherwise provided for, heating and lighting, including
    electric power and fixtures, of the official residence of the Vice
    President; the hire of passenger motor vehicles; and not to exceed
    $90,000 pursuant to 3 U.S.C. 106(b)(2), $311,000:  Provided, That
    advances, repayments, or transfers from this appropriation may be made
    to any department or agency for expenses of carrying out such
    activities.

    [[Page 136 STAT. 256]]

     Administrative Provisions--Executive Office of the President and Funds
                          Appropriated to the President

                          (including transfer of funds)

        Sec. 201.  <<NOTE: Advance approval.>>  From funds made available in
    this Act under the headings ``The White House'', ``Executive Residence
    at the White House'', ``White House Repair and Restoration'', ``Council
    of Economic Advisers'', ``National Security Council and Homeland
    Security Council'', ``Office of Administration'', ``Special Assistance
    to the President'', and ``Official Residence of the Vice President'',
    the Director of the Office of Management and Budget (or such other
    officer as the President may designate in writing), may, with advance
    approval of the Committees on Appropriations of the House of
    Representatives and the Senate, transfer not to exceed 10 percent of any
    such appropriation to any other such appropriation, to be merged with
    and available for the same time and for the same purposes as the
    appropriation to which transferred:  Provided, That the amount of an
    appropriation shall not be increased by more than 50 percent by such
    transfers:  Provided further, <<NOTE: Approval requirement.>> That no
    amount shall be transferred from ``Special Assistance to the President''
    or ``Official Residence of the Vice President'' without the approval of
    the Vice President.

        Sec. 202. (a) <<NOTE: President. Budget statement. Cost
    estimates.>>  During fiscal year 2022, any Executive order or
    Presidential memorandum issued or revoked by the President shall be
    accompanied by a written statement from the Director of the Office of
    Management and Budget on the budgetary impact, including costs,
    benefits, and revenues, of such order or memorandum.

        (b) <<NOTE: Time period.>>  Any such statement shall include--
                (1) <<NOTE: Summary.>>  a narrative summary of the budgetary
            impact of such order or memorandum on the Federal Government;
                (2) the impact on mandatory and discretionary obligations
            and outlays as the result of such order or memorandum, listed by
            Federal agency, for each year in the 5-fiscal-year period
            beginning in fiscal year 2022; and
                (3) the impact on revenues of the Federal Government as the
            result of such order or memorandum over the 5-fiscal-year period
            beginning in fiscal year 2022.

        (c) <<NOTE: Deadline.>>  If an Executive order or Presidential
    memorandum is issued during fiscal year 2022 due to a national
    emergency, the Director of the Office of Management and Budget may issue
    the statement required by subsection (a) not later than 15 days after
    the date that such order or memorandum is issued.

        (d) <<NOTE: Applicability.>>  The requirement for cost estimates for
    Presidential memoranda shall only apply for Presidential memoranda
    estimated to have a regulatory cost in excess of $100,000,000.

        Sec. 203.  <<NOTE: Deadline. Memorandum. Compliance.>>  Not later
    than 30 days after the date of enactment of this Act, the Director of
    the Office of Management and Budget shall issue a memorandum to all
    Federal departments, agencies, and corporations directing compliance
    with the provisions in title VII of this Act.

        Sec. 204. <<NOTE: Effective date. Apportionment. Deadlines.>>  (a)
    Beginning not later than 10 days after the date of enactment of this Act
    and until the requirements of subsection (b) are completed, the Office
    of Management and Budget shall provide to the Committees on
    Appropriations and the Budget of

    [[Page 136 STAT. 257]]

    the House of Representatives and the Senate each document apportioning
    an appropriation, pursuant to section 1513(b) of title 31, United States
    Code, approved by the Office of Management and Budget, including any
    associated footnotes, not later than 2 business days after the date of
    approval of such apportionment by the Office of Management and Budget.

        (b) <<NOTE: Web posting. Reports. 31 USC 1513 note.>>  Not later
    than 120 days after the date of enactment of this Act, the Office of
    Management and Budget shall complete implementation of an automated
    system to post each document apportioning an appropriation, pursuant to
    section 1513(b) of title 31, United States Code, including any
    associated footnotes, in a format that qualifies each such document as
    an Open Government Data Asset (as defined in section 3502 of title 44,
    United States Code), not later than 2 business days after the date of
    approval of such apportionment, and shall place on such website each
    document apportioning an appropriation, pursuant to such section
    1513(b), including any associated footnotes, already approved the
    current fiscal year, and shall report the date of completion of such
    requirements to the Committees on Appropriations and the Budget of the
    House of Representatives and Senate.

        (c) Each document apportioning an appropriation pursuant to section
    1513(b) of title 31, United States Code, that is posted on a publicly
    accessible website pursuant to such section shall also include a written
    explanation by the official approving each such apportionment stating
    the rationale for any footnotes for apportioned amounts:
    Provided, <<NOTE: Classified information.>>  That the Office of
    Management and Budget or the applicable department or agency shall make
    available classified documentation referenced in any apportionment at
    the request of the chair or ranking member of any appropriate
    congressional committee or subcommittee.

        (d)(1) <<NOTE: Federal Register, publications.>>  Not later than 15
    days after the date of enactment of this Act, any delegation of
    apportionment authority pursuant to section 1513(b) of title 31, United
    States Code, that is in effect as of such date shall be submitted for
    publication in the Federal Register:  Provided, That any delegation of
    such apportionment authority after the date of enactment of this section
    shall, on the date of such delegation, be submitted for publication in
    the Federal Register:  Provided further, <<NOTE: Web posting. Public
    information. Updates.>>  That the Office of Management and Budget shall
    publish such delegations in a format that qualifies such publications as
    an Open Government Data Asset (as defined in section 3502 of title 44,
    United States Code) on a public Internet website, which shall be
    continuously updated with the position of each Federal officer or
    employee to whom apportionment authority has been delegated.

        (2) <<NOTE: Reports.>>  Not later than 5 days after any change in
    the position of the approving official with respect to such delegated
    apportionment authority for any account is made, the Office shall submit
    a report to the appropriate congressional committees explaining why such
    change was made.

        This title may be cited as the ``Executive Office of the President
    Appropriations Act, 2022''.

    [[Page 136 STAT. 258]]

    TITLE <<NOTE: Judiciary Appropriations Act, 2022.>>  III

                                  THE JUDICIARY

                       Supreme Court of the United States

                              salaries and expenses

        For expenses necessary for the operation of the Supreme Court, as
    required by law, excluding care of the building and grounds, including
    hire of passenger motor vehicles as authorized by 31 U.S.C. 1343 and
    1344; not to exceed $10,000 for official reception and representation
    expenses; and for miscellaneous expenses, to be expended as the Chief
    Justice may approve, $98,338,000, of which $1,500,000 shall remain
    available until expended.
        In addition, there are appropriated such sums as may be necessary
    under current law for the salaries of the chief justice and associate
    justices of the court.

                        care of the building and grounds

        For such expenditures as may be necessary to enable the Architect of
    the Capitol to carry out the duties imposed upon the Architect by 40
    U.S.C. 6111 and 6112, $14,434,000, to remain available until expended.

             United States Court of Appeals for the Federal Circuit

                              salaries and expenses

        For salaries of officers and employees, and for necessary expenses
    of the court, as authorized by law, $34,280,000.
        In addition, there are appropriated such sums as may be necessary
    under current law for the salaries of the chief judge and judges of the
    court.

                   United States Court of International Trade

                              salaries and expenses

        For salaries of officers and employees of the court, services, and
    necessary expenses of the court, as authorized by law, $20,600,000.
        In addition, there are appropriated such sums as may be necessary
    under current law for the salaries of the chief judge and judges of the
    court.

         Courts of Appeals, District Courts, and Other Judicial Services

                              salaries and expenses

        For the salaries of judges of the United States Court of Federal
    Claims, magistrate judges, and all other officers and employees of the
    Federal Judiciary not otherwise specifically provided for, necessary
    expenses of the courts, and the purchase, rental, repair, and cleaning
    of uniforms for Probation and Pretrial Services Office staff, as
    authorized by law, $5,580,052,000 (including the purchase

    [[Page 136 STAT. 259]]

    of firearms and ammunition); of which not to exceed $27,817,000 shall
    remain available until expended for space alteration projects and for
    furniture and furnishings related to new space alteration and
    construction projects.
        In addition, there are appropriated such sums as may be necessary
    under current law for the salaries of circuit and district judges
    (including judges of the territorial courts of the United States),
    bankruptcy judges, and justices and judges retired from office or from
    regular active service.
        In addition, for expenses of the United States Court of Federal
    Claims associated with processing cases under the National Childhood
    Vaccine Injury Act of 1986 (Public Law 99-660), not to exceed
    $9,850,000, to be appropriated from the Vaccine Injury Compensation
    Trust Fund.

                                defender services

        For the operation of Federal Defender organizations; the
    compensation and reimbursement of expenses of attorneys appointed to
    represent persons under 18 U.S.C. 3006A and 3599, and for the
    compensation and reimbursement of expenses of persons furnishing
    investigative, expert, and other services for such representations as
    authorized by law; the compensation (in accordance with the maximums
    under 18 U.S.C. 3006A) and reimbursement of expenses of attorneys
    appointed to assist the court in criminal cases where the defendant has
    waived representation by counsel; the compensation and reimbursement of
    expenses of attorneys appointed to represent jurors in civil actions for
    the protection of their employment, as authorized by 28 U.S.C.
    1875(d)(1); the compensation and reimbursement of expenses of attorneys
    appointed under 18 U.S.C. 983(b)(1) in connection with certain judicial
    civil forfeiture proceedings; the compensation and reimbursement of
    travel expenses of guardians ad litem appointed under 18 U.S.C. 4100(b);
    and for necessary training and general administrative expenses,
    $1,343,175,000, to remain available until expended.

                        fees of jurors and commissioners

        For fees and expenses of jurors as authorized by 28 U.S.C. 1871 and
    1876; compensation of jury commissioners as authorized by 28 U.S.C.
    1863; and compensation of commissioners appointed in condemnation cases
    pursuant to rule 71.1(h) of the Federal Rules of Civil Procedure (28
    U.S.C. Appendix Rule 71.1(h)), $32,603,000, to remain available until
    expended:  Provided, That the compensation of land commissioners shall
    not exceed the daily equivalent of the highest rate payable under 5
    U.S.C. 5332.

                                 court security

                          (including transfer of funds)

        For necessary expenses, not otherwise provided for, incident to the
    provision of protective guard services for United States courthouses and
    other facilities housing Federal court or Administrative Office of the
    United States Courts operations, the procurement, installation, and
    maintenance of security systems and equipment for United States
    courthouses and other facilities housing

    [[Page 136 STAT. 260]]

    Federal court or Administrative Office of the United States Courts
    operations, building ingress-egress control, inspection of mail and
    packages, directed security patrols, perimeter security, basic security
    services provided by the Federal Protective Service, and other similar
    activities as authorized by section 1010 of the Judicial Improvement and
    Access to Justice Act (Public Law 100-702), $704,800,000, of which not
    to exceed $20,000,000 shall remain available until expended, to be
    expended directly or transferred to the United States Marshals Service,
    which shall be responsible for administering the Judicial Facility
    Security Program consistent with standards or guidelines agreed to by
    the Director of the Administrative Office of the United States Courts
    and the Attorney General:  Provided, That funds made available under
    this heading may be used for managing a Judiciary-wide program to
    facilitate security and emergency management services among the
    Judiciary, United States Marshals Service, Federal Protective Service,
    General Services Administration, other Federal agencies, state and local
    governments and the public; and, notwithstanding sections 331,
    566(e)(1), and 566(i) of title 28, United States Code, for identifying
    and pursuing the voluntary redaction and reduction of personally
    identifiable information on the internet of judges and other familial
    relatives who live at the judge's domicile.

                Administrative Office of the United States Courts

                              salaries and expenses

        For necessary expenses of the Administrative Office of the United
    States Courts as authorized by law, including travel as authorized by 31
    U.S.C. 1345, hire of a passenger motor vehicle as authorized by 31
    U.S.C. 1343(b), advertising and rent in the District of Columbia and
    elsewhere, $98,545,000, of which not to exceed $8,500 is authorized for
    official reception and representation expenses.

                             Federal Judicial Center

                              salaries and expenses

        For necessary expenses of the Federal Judicial Center, as authorized
    by Public Law 90-219, $29,885,000; of which $1,800,000 shall remain
    available through September 30, 2023, to provide education and training
    to Federal court personnel; and of which not to exceed $1,500 is
    authorized for official reception and representation expenses.

                       United States Sentencing Commission

                              salaries and expenses

        For the salaries and expenses necessary to carry out the provisions
    of chapter 58 of title 28, United States Code, $20,564,000, of which not
    to exceed $1,000 is authorized for official reception and representation
    expenses.

    [[Page 136 STAT. 261]]

                    Administrative Provisions--the Judiciary

                          (including transfer of funds)

        Sec. 301.  Appropriations and authorizations made in this title
    which are available for salaries and expenses shall be available for
    services as authorized by 5 U.S.C. 3109.
        Sec. 302.  Not to exceed 5 percent of any appropriation made
    available for the current fiscal year for the Judiciary in this Act may
    be transferred between such appropriations, but no such appropriation,
    except ``Courts of Appeals, District Courts, and Other Judicial
    Services, Defender Services'' and ``Courts of Appeals, District Courts,
    and Other Judicial Services, Fees of Jurors and Commissioners'', shall
    be increased by more than 10 percent by any such transfers:  Provided,
    That any transfer pursuant to this section shall be treated as a
    reprogramming of funds under sections 604 and 608 of this Act and shall
    not be available for obligation or expenditure except in compliance with
    the procedures set forth in section 608.
        Sec. 303.  Notwithstanding any other provision of law, the salaries
    and expenses appropriation for ``Courts of Appeals, District Courts, and
    Other Judicial Services'' shall be available for official reception and
    representation expenses of the Judicial Conference of the United States:
     Provided, That such available funds shall not exceed $11,000 and shall
    be administered by the Director of the Administrative Office of the
    United States Courts in the capacity as Secretary of the Judicial
    Conference.
        Sec. 304.  <<NOTE: Applicability.>>  Section 3315(a) of title 40,
    United States Code, shall be applied by substituting ``Federal'' for
    ``executive'' each place it appears.

        Sec. 305.  <<NOTE: Consultation.>>  In accordance with 28 U.S.C.
    561-569, and notwithstanding any other provision of law, the United
    States Marshals Service shall provide, for such courthouses as its
    Director may designate in consultation with the Director of the
    Administrative Office of the United States Courts, for purposes of a
    pilot program, the security services that 40 U.S.C. 1315 authorizes the
    Department of Homeland Security to provide, except for the services
    specified in 40 U.S.C. 1315(b)(2)(E). <<NOTE: Reimbursement.>>  For
    building-specific security services at these courthouses, the Director
    of the Administrative Office of the United States Courts shall reimburse
    the United States Marshals Service rather than the Department of
    Homeland Security.

        Sec. 306. (a) Section 203(c) of the Judicial Improvements Act of
    1990 (Public Law 101-650; 28 U.S.C. 133 note), is amended in the matter
    following paragraph 12--
                (1) in the second sentence (relating to the District of
            Kansas), by striking ``30 years and 6 months'' and inserting
            ``31 years and 6 months''; and
                (2) in the sixth sentence (relating to the District of
            Hawaii), by striking ``27 years and 6 months'' and inserting
            ``28 years and 6 months''.

        (b) Section 406 of the Transportation, Treasury, Housing and Urban
    Development, the Judiciary, the District of Columbia, and Independent
    Agencies Appropriations Act, 2006 (Public Law 109-115; 119 Stat. 2470;
    28 U.S.C. 133 note) is amended in the second sentence (relating to the
    eastern District of Missouri) by striking ``28 years and 6 months'' and
    inserting ``29 years and 6 months''.

    [[Page 136 STAT. 262]]

        (c) Section 312(c)(2) of the 21st Century Department of Justice
    Appropriations Authorization Act (Public Law 107-273; 28 U.S.C. 133
    note), is amended--
                (1) in the first sentence by striking ``19 years'' and
            inserting ``20 years'';
                (2) in the second sentence (relating to the central District
            of California), by striking ``18 years and 6 months'' and
            inserting ``19 years and 6 months''; and
                (3) in the third sentence (relating to the western district
            of North Carolina), by striking ``17 years'' and inserting ``18
            years''.

        This title may be cited as the ``Judiciary Appropriations Act,
    2022''.

    TITLE <<NOTE: District of Columbia Appropriations Act, 2022.>>  IV

                              DISTRICT OF COLUMBIA

                                  Federal Funds

                  federal payment for resident tuition support

        For a Federal payment to the District of Columbia, to be deposited
    into a dedicated account, for a nationwide program to be administered by
    the Mayor, for District of Columbia resident tuition support,
    $40,000,000, to remain available until expended:  Provided, That such
    funds, including any interest accrued thereon, may be used on behalf of
    eligible District of Columbia residents to pay an amount based upon the
    difference between in-State and out-of-State tuition at public
    institutions of higher education, or to pay up to $2,500 each year at
    eligible private institutions of higher education:  Provided further,
    That the awarding of such funds may be prioritized on the basis of a
    resident's academic merit, the income and need of eligible students and
    such other factors as may be authorized:  Provided
    further, <<NOTE: Account.>>  That the District of Columbia government
    shall maintain a dedicated account for the Resident Tuition Support
    Program that shall consist of the Federal funds appropriated to the
    Program in this Act and any subsequent appropriations, any unobligated
    balances from prior fiscal years, and any interest earned in this or any
    fiscal year:  Provided further, That the account shall be under the
    control of the District of Columbia Chief Financial Officer, who shall
    use those funds solely for the purposes of carrying out the Resident
    Tuition Support Program:  Provided further, <<NOTE: Reports.>>  That the
    Office of the Chief Financial Officer shall provide a quarterly
    financial report to the Committees on Appropriations of the House of
    Representatives and the Senate for these funds showing, by object class,
    the expenditures made and the purpose therefor.

        federal payment for emergency planning and security costs in the
                              district of columbia

        For a Federal payment of necessary expenses, as determined by the
    Mayor of the District of Columbia in written consultation with the
    elected county or city officials of surrounding jurisdictions,
    $25,000,000, to remain available until expended, for the costs of
    providing public safety at events related to the presence of the
    National Capital in the District of Columbia, including support

    [[Page 136 STAT. 263]]

    requested by the Director of the United States Secret Service in
    carrying out protective duties under the direction of the Secretary of
    Homeland Security, and for the costs of providing support to respond to
    immediate and specific terrorist threats or attacks in the District of
    Columbia or surrounding jurisdictions.

               federal payment to the district of columbia courts

        For salaries and expenses for the District of Columbia Courts,
    $257,591,000 to be allocated as follows: for the District of Columbia
    Court of Appeals, $14,366,000, of which not to exceed $2,500 is for
    official reception and representation expenses; for the Superior Court
    of the District of Columbia, $133,829,000, of which not to exceed $2,500
    is for official reception and representation expenses; for the District
    of Columbia Court System, $83,443,000, of which not to exceed $2,500 is
    for official reception and representation expenses; and $25,953,000, to
    remain available until September 30, 2023, for capital improvements for
    District of Columbia courthouse facilities:  Provided, That funds made
    available for capital improvements shall be expended consistent with the
    District of Columbia Courts master plan study and facilities condition
    assessment:  Provided further, That, in addition to the amounts
    appropriated herein, fees received by the District of Columbia Courts
    for administering bar examinations and processing District of Columbia
    bar admissions may be retained and credited to this appropriation, to
    remain available until expended, for salaries and expenses associated
    with such activities, notwithstanding section 450 of the District of
    Columbia Home Rule Act (D.C. Official Code, sec. 1-204.50):  Provided
    further, <<NOTE: Apportionment. Time period.>>  That notwithstanding any
    other provision of law, all amounts under this heading shall be
    apportioned quarterly by the Office of Management and Budget and
    obligated and expended in the same manner as funds appropriated for
    salaries and expenses of other Federal agencies:  Provided further, That
    30 days <<NOTE: Time period. Notice.>> after providing written notice to
    the Committees on Appropriations of the House of Representatives and the
    Senate, the District of Columbia Courts may reallocate not more than
    $9,000,000 of the funds provided under this heading among the items and
    entities funded under this heading:  Provided further, That
    the <<NOTE: Regulations.>> Joint Committee on Judicial Administration in
    the District of Columbia may, by regulation, establish a program
    substantially similar to the program set forth in subchapter II of
    chapter 35 of title 5, United States Code, for employees of the District
    of Columbia Courts.

      federal payment for defender services in district of columbia courts

        For payments authorized under section 11-2604 and section 11-2605,
    D.C. Official Code (relating to representation provided under the
    District of Columbia Criminal Justice Act), payments for counsel
    appointed in proceedings in the Family Court of the Superior Court of
    the District of Columbia under chapter 23 of title 16, D.C. Official
    Code, or pursuant to contractual agreements to provide guardian ad litem
    representation, training, technical assistance, and such other services
    as are necessary to improve the quality of guardian ad litem
    representation, payments for counsel appointed in adoption proceedings
    under chapter 3 of title 16, D.C. Official Code, and payments authorized
    under section

    [[Page 136 STAT. 264]]

    21-2060, D.C. Official Code (relating to services provided under the
    District of Columbia Guardianship, Protective Proceedings, and Durable
    Power of Attorney Act of 1986), $46,005,000, to remain available until
    expended:  Provided, That funds provided under this heading shall be
    administered by the Joint Committee on Judicial Administration in the
    District of Columbia:  Provided further, <<NOTE: Apportionment. Time
    period.>> That, notwithstanding any other provision of law, this
    appropriation shall be apportioned quarterly by the Office of Management
    and Budget and obligated and expended in the same manner as funds
    appropriated for expenses of other Federal agencies.

     federal payment to the court services and offender supervision agency
                          for the district of columbia

        For salaries and expenses, including the transfer and hire of motor
    vehicles, of the Court Services and Offender Supervision Agency for the
    District of Columbia, as authorized by the National Capital
    Revitalization and Self-Government Improvement Act of 1997,
    $286,426,000, of which not to exceed $2,000 is for official reception
    and representation expenses related to Community Supervision and
    Pretrial Services Agency programs, and of which not to exceed $25,000 is
    for dues and assessments relating to the implementation of the Court
    Services and Offender Supervision Agency Interstate Supervision Act of
    2002:  Provided, That, of the funds appropriated under this heading,
    $206,006,000 shall be for necessary expenses of Community Supervision
    and Sex Offender Registration, to include expenses relating to the
    supervision of adults subject to protection orders or the provision of
    services for or related to such persons, of which $14,747,000 shall
    remain available until September 30, 2024, for costs associated with the
    relocation under replacement leases for headquarters offices, field
    offices and related facilities:  Provided further, That, of the funds
    appropriated under this heading, $80,420,000 shall be available to the
    Pretrial Services Agency, of which $7,304,000 shall remain available
    until September 30, 2024, for costs associated with relocation under a
    replacement lease for headquarters offices, field offices, and related
    facilities:  Provided further, <<NOTE: Apportionment. Time period.>>
    That notwithstanding any other provision of law, all amounts under this
    heading shall be apportioned quarterly by the Office of Management and
    Budget and obligated and expended in the same manner as funds
    appropriated for salaries and expenses of other Federal agencies:
    Provided further, That amounts under this heading may be used for
    programmatic incentives for defendants to successfully complete their
    terms of supervision.

       federal payment to the district of columbia public defender service

        For salaries and expenses, including the transfer and hire of motor
    vehicles, of the District of Columbia Public Defender Service, as
    authorized by the National Capital Revitalization and Self-Government
    Improvement Act of 1997, $52,598,000, of which $5,175,000 shall remain
    available until September 30, 2024, for salaries and expenses associated
    with providing representation pursuant to title III of the Comprehensive
    Youth Justice Amendment Act of 2016 (D.C. Law 21-238; D.C. Official
    Code, sec. 24-403.03), as amended by title VI of the Omnibus Public
    Safety and Justice Amendment Act of 2020 (D.C. Law 23-274):  Provided,

    [[Page 136 STAT. 265]]

    <<NOTE: Apportionment. Time period.>> That notwithstanding any other
    provision of law, all amounts under this heading shall be apportioned
    quarterly by the Office of Management and Budget and obligated and
    expended in the same manner as funds appropriated for salaries and
    expenses of Federal agencies:  Provided further, That the District of
    Columbia Public Defender Service may establish for employees of the
    District of Columbia Public Defender Service a program substantially
    similar to the program set forth in subchapter II of chapter 35 of title
    5, United States Code, except that the maximum amount of the payment
    made under the program to any individual may not exceed the amount
    referred to in section 3523(b)(3)(B) of title 5, United States Code:
    Provided further, That for the purposes of engaging with, and receiving
    services from, Federal Franchise Fund Programs established in accordance
    with section 403 of the Government Management Reform Act of 1994, as
    amended, the District of Columbia Public Defender Service shall be
    considered an agency of the United States Government:  Provided
    further, <<NOTE: Contracts.>>  That the District of Columbia Public
    Defender Service may enter into contracts for the procurement of
    severable services and multiyear contracts for the acquisition of
    property and services to the same extent and under the same conditions
    as an executive agency under sections 3902 and 3903 of title 41, United
    States Code.

          federal payment to the criminal justice coordinating council

        For a Federal payment to the Criminal Justice Coordinating Council,
    $2,150,000, to remain available until expended, to support initiatives
    related to the coordination of Federal and local criminal justice
    resources in the District of Columbia.

                    federal payment for judicial commissions

        For a Federal payment, to remain available until September 30, 2023,
    to the Commission on Judicial Disabilities and Tenure, $330,000, and for
    the Judicial Nomination Commission, $288,000.

                     federal payment for school improvement

        For a Federal payment for a school improvement program in the
    District of Columbia, $52,500,000, to remain available until expended,
    for payments authorized under the Scholarships for Opportunity and
    Results Act (division C of Public Law 112-10):
    Provided, <<NOTE: Scholarships.>>  That, to the extent that funds are
    available for opportunity scholarships and following the priorities
    included in section 3006 of such Act, the Secretary of Education shall
    make scholarships available to students eligible under section 3013(3)
    of such Act (Public Law 112-10; 125 Stat. 211) including students who
    were not offered a scholarship during any previous school year:
    Provided further, That within funds provided for opportunity
    scholarships up to $1,750,000 shall be for the activities specified in
    sections 3007(b) through 3007(d) of the Act and up to $500,000 shall be
    for the activities specified in section 3009 of the Act.

           federal payment for the district of columbia national guard

        For a Federal payment to the District of Columbia National Guard,
    $600,000, to remain available until expended for the Major

    [[Page 136 STAT. 266]]

    General David F. Wherley, Jr. District of Columbia National Guard
    Retention and College Access Program.

              federal payment for testing and treatment of hiv/aids

        For a Federal payment to the District of Columbia for the testing of
    individuals for, and the treatment of individuals with, human
    immunodeficiency virus and acquired immunodeficiency syndrome in the
    District of Columbia, $4,000,000.

      federal payment to the district of columbia water and sewer authority

        For a Federal payment to the District of Columbia Water and Sewer
    Authority, $8,000,000, to remain available until expended, to continue
    implementation of the Combined Sewer Overflow Long-Term Plan:  Provided,
    That the District of Columbia Water and Sewer Authority provides a 100
    percent match for this payment.

                           District of Columbia Funds

        Local funds are appropriated for the District of Columbia for the
    current fiscal year out of the General Fund of the District of Columbia
    (``General Fund'') for programs and activities set forth in the Fiscal
    Year 2022 Local Budget Act of 2021 (D.C. Act 24-173) and at rates set
    forth under such Act, as amended as of the date of enactment of this
    Act:  Provided, That notwithstanding any other provision of law, except
    as provided in section 450A of the District of Columbia Home Rule Act
    (section 1-204.50a, D.C. Official Code), sections 816 and 817 of the
    Financial Services and General Government Appropriations Act, 2009
    (secs. 47-369.01 and 47-369.02, D.C. Official Code), and provisions of
    this Act, the total amount appropriated in this Act for operating
    expenses for the District of Columbia for fiscal year 2022 under this
    heading shall not exceed the estimates included in the Fiscal Year 2022
    Local Budget Act of 2021, as amended as of the date of enactment of this
    Act or the sum of the total revenues of the District of Columbia for
    such fiscal year:  Provided further, That the amount appropriated may be
    increased by proceeds of one-time transactions, which are expended for
    emergency or unanticipated operating or capital needs:  Provided
    further, <<NOTE: Compliance.>>  That such increases shall be approved by
    enactment of local District law and shall comply with all reserve
    requirements contained in the District of Columbia Home Rule Act:
    Provided further, That the Chief Financial Officer of the District of
    Columbia shall take such steps as are necessary to assure that the
    District of Columbia meets these requirements, including the
    apportioning by the Chief Financial Officer of the appropriations and
    funds made available to the District during fiscal year 2022, except
    that the Chief Financial Officer may not reprogram for operating
    expenses any funds derived from bonds, notes, or other obligations
    issued for capital projects.

        This title may be cited as the ``District of Columbia Appropriations
    Act, 2022''.

    [[Page 136 STAT. 267]]

                                     TITLE V

                              INDEPENDENT AGENCIES

                 Administrative Conference of the United States

                              salaries and expenses

        For necessary expenses of the Administrative Conference of the
    United States, authorized by 5 U.S.C. 591 et seq., $3,400,000, to remain
    available until September 30, 2023, of which not to exceed $1,000 is for
    official reception and representation expenses.

                       Consumer Product Safety Commission

                              salaries and expenses

        For necessary expenses of the Consumer Product Safety Commission,
    including hire of passenger motor vehicles, services as authorized by 5
    U.S.C. 3109, but at rates for individuals not to exceed the per diem
    rate equivalent to the maximum rate payable under 5 U.S.C. 5376,
    purchase of nominal awards to recognize non-Federal officials'
    contributions to Commission activities, and not to exceed $4,000 for
    official reception and representation expenses, $139,050,000, of which
    $2,000,000 shall remain available until expended, to carry out the
    program, including administrative costs, required by section 1405 of the
    Virginia Graeme Baker Pool and Spa Safety Act (Public Law 110-140; 15
    U.S.C. 8004).

          administrative provision--consumer product safety commission

        Sec. 501.  During fiscal year 2022, none of the amounts made
    available by this Act may be used to finalize or implement the Safety
    Standard for Recreational Off-Highway Vehicles published by the Consumer
    Product Safety Commission in the Federal Register on November 19, 2014
    (79 Fed. Reg. 68964) until after--
                (1) <<NOTE: Consultation. Study. Determination.>>  the
            National Academy of Sciences, in consultation with the National
            Highway Traffic Safety Administration and the Department of
            Defense, completes a study to determine--
                        (A) the technical validity of the lateral stability
                    and vehicle handling requirements proposed by such
                    standard for purposes of reducing the risk of
                    Recreational Off-Highway Vehicle (referred to in this
                    section as ``ROV'') rollovers in the off-road
                    environment, including the repeatability and
                    reproducibility of testing for compliance with such
                    requirements;
                        (B) the number of ROV rollovers that would be
                    prevented if the proposed requirements were adopted;
                        (C) whether there is a technical basis for the
                    proposal to provide information on a point-of-sale
                    hangtag about a ROV's rollover resistance on a
                    progressive scale; and
                        (D) the effect on the utility of ROVs used by the
                    United States military if the proposed requirements were
                    adopted; and
                (2) <<NOTE: Reports.>>  a report containing the results of
            the study completed under paragraph (1) is delivered to--

    [[Page 136 STAT. 268]]

                        (A) the Committee on Commerce, Science, and
                    Transportation of the Senate;
                        (B) the Committee on Energy and Commerce of the
                    House of Representatives;
                        (C) the Committee on Appropriations of the Senate;
                    and
                        (D) the Committee on Appropriations of the House of
                    Representatives.

                         Election Assistance Commission

                              salaries and expenses

        For necessary expenses to carry out the Help America Vote Act of
    2002 (Public Law 107-252), $20,000,000, of which $1,500,000 shall be
    made available to the National Institute of Standards and Technology for
    election reform activities authorized under the Help America Vote Act of
    2002.

    election security grants <<NOTE: State and local governments.>>

        Notwithstanding section 104(c)(2)(B) of the Help America Vote Act of
    2002 (52 U.S.C. 20904(c)(2)(B)), $75,000,000 is provided to the Election
    Assistance Commission for necessary expenses to make payments to States
    for activities to improve the administration of elections for Federal
    office, including to enhance election technology and make election
    security improvements, as authorized by sections 101, 103, and 104 of
    such Act:  Provided, <<NOTE: Northern Mariana Islands.>>  That for
    purposes of applying such sections, the Commonwealth of the Northern
    Mariana Islands shall be deemed to be a State and, for purposes of
    sections 101(d)(2) and 103(a) shall be treated in the same manner as the
    Commonwealth of Puerto Rico, Guam, American Samoa, and the United States
    Virgin Islands:  Provided further, That each reference to the
    ``Administrator of General Services'' or the ``Administrator'' in
    sections 101 and 103 shall be deemed to refer to the ``Election
    Assistance Commission'':  Provided further, That each reference to
    ``$5,000,000'' in section 103 shall be deemed to refer to ``$1,000,000''
    and each reference to ``$1,000,000'' in section 103 shall be deemed to
    refer to ``$200,000'':  Provided further, <<NOTE: Deadline. Payments.>>
    That not later than 45 days after the date of enactment of this Act, the
    Election Assistance Commission shall make the payments to States under
    this heading:  Provided further, <<NOTE: Deadline.>>  That not later
    than two years after receiving a payment under this heading, a State
    shall make available funds for such activities in an amount equal to 20
    percent of the total amount of the payment made to the State under this
    heading:  Provided further, <<NOTE: Reports.>>  That States shall submit
    quarterly financial reports and annual progress reports.

                        Federal Communications Commission

                              salaries and expenses

        For necessary expenses of the Federal Communications Commission, as
    authorized by law, including uniforms and allowances therefor, as
    authorized by 5 U.S.C. 5901-5902; not to exceed $4,000 for official
    reception and representation expenses; purchase and hire of motor
    vehicles; special counsel fees; and services as authorized by 5 U.S.C.
    3109, $381,950,000, to remain available

    [[Page 136 STAT. 269]]

    until expended:  Provided, That $381,950,000 of offsetting collections
    shall be assessed and collected pursuant to section 9 of title I of the
    Communications Act of 1934, shall be retained and used for necessary
    expenses and shall remain available until expended:  Provided further,
    That the sum herein appropriated shall be reduced as such offsetting
    collections are received during fiscal year 2022 so as to result in a
    final fiscal year 2022 appropriation estimated at $0:  Provided further,
    That, notwithstanding 47 U.S.C. 309(j)(8)(B), proceeds from the use of a
    competitive bidding system that may be retained and made available for
    obligation shall not exceed $128,621,000 for fiscal year 2022:  Provided
    further, That, of the amount appropriated under this heading, not less
    than $11,854,000 shall be for the salaries and expenses of the Office of
    Inspector General.

          administrative provisions--federal communications commission

        Sec. 510.  Section 302 of the Universal Service Antideficiency
    Temporary Suspension Act <<NOTE: 113 Stat. 3998.>>  is amended by
    striking ``December 31, 2021'' each place it appears and inserting
    ``December 31, 2022''.

        Sec. 511.  None of the funds appropriated by this Act may be used by
    the Federal Communications Commission to modify, amend, or change its
    rules or regulations for universal service support payments to implement
    the February 27, 2004, recommendations of the Federal-State Joint Board
    on Universal Service regarding single connection or primary line
    restrictions on universal service support payments.

                      Federal Deposit Insurance Corporation

                         office of the inspector general

        For necessary expenses of the Office of Inspector General in
    carrying out the provisions of the Inspector General Act of 1978,
    $46,500,000, to be derived from the Deposit Insurance Fund or, only when
    appropriate, the FSLIC Resolution Fund.

                           Federal Election Commission

                              salaries and expenses

        For necessary expenses to carry out the provisions of the Federal
    Election Campaign Act of 1971, $74,500,000, of which not to exceed
    $5,000 shall be available for reception and representation expenses.

                        Federal Labor Relations Authority

                              salaries and expenses

        For necessary expenses to carry out functions of the Federal Labor
    Relations Authority, pursuant to Reorganization Plan Numbered 2 of 1978,
    and the Civil Service Reform Act of 1978, including services authorized
    by 5 U.S.C. 3109, and including hire of experts and consultants, hire of
    passenger motor vehicles, and including official reception and
    representation expenses (not to exceed $1,500) and rental of conference
    rooms in the District of Columbia and

    [[Page 136 STAT. 270]]

    elsewhere, $27,398,000:  Provided, That public members of the Federal
    Service Impasses Panel may be paid travel expenses and per diem in lieu
    of subsistence as authorized by law (5 U.S.C. 5703) for persons employed
    intermittently in the Government service, and compensation as authorized
    by 5 U.S.C. 3109:  Provided further, That, notwithstanding 31 U.S.C.
    3302, funds received from fees charged to non-Federal participants at
    labor-management relations conferences shall be credited to and merged
    with this account, to be available without further appropriation for the
    costs of carrying out these conferences.

                 Federal Permitting Improvement Steering Council

                      environmental review improvement fund

        For necessary expenses of the Environmental Review Improvement Fund
    established pursuant to 42 U.S.C. 4370m-8(d), $10,000,000, to remain
    available until expended.

                            Federal Trade Commission

                              salaries and expenses

        For necessary expenses of the Federal Trade Commission, including
    uniforms or allowances therefor, as authorized by 5 U.S.C. 5901-5902;
    services as authorized by 5 U.S.C. 3109; hire of passenger motor
    vehicles; and not to exceed $2,000 for official reception and
    representation expenses, $376,530,000, to remain available until
    expended:  Provided, That not to exceed $300,000 shall be available for
    use to contract with a person or persons for collection services in
    accordance with the terms of 31 U.S.C. 3718:  Provided further, That,
    notwithstanding any other provision of law, not to exceed $138,000,000
    of offsetting collections derived from fees collected for premerger
    notification filings under the Hart-Scott-Rodino Antitrust Improvements
    Act of 1976 (15 U.S.C. 18a), regardless of the year of collection, shall
    be retained and used for necessary expenses in this appropriation:
    Provided further, That, notwithstanding any other provision of law, not
    to exceed $20,000,000 in offsetting collections derived from fees
    sufficient to implement and enforce the Telemarketing Sales Rule,
    promulgated under the Telemarketing and Consumer Fraud and Abuse
    Prevention Act (15 U.S.C. 6101 et seq.), shall be credited to this
    account, and be retained and used for necessary expenses in this
    appropriation:  Provided further, That the sum herein appropriated from
    the general fund shall be reduced as such offsetting collections are
    received during fiscal year 2022, so as to result in a final fiscal year
    2022 appropriation from the general fund estimated at not more than
    $218,530,000:  Provided further, That none of the funds made available
    to the Federal Trade Commission may be used to implement subsection
    (e)(2)(B) of section 43 of the Federal Deposit Insurance Act (12 U.S.C.
    1831t).

    [[Page 136 STAT. 271]]

                         General Services Administration

                            real property activities

                             federal buildings fund

                     limitations on availability of revenue

                         (including transfers of funds)

         <<NOTE: Advance approvals.>> Amounts in the Fund, including
    revenues and collections deposited into the Fund, shall be available for
    necessary expenses of real property management and related activities
    not otherwise provided for, including operation, maintenance, and
    protection of federally owned and leased buildings; rental of buildings
    in the District of Columbia; restoration of leased premises; moving
    governmental agencies (including space adjustments and
    telecommunications relocation expenses) in connection with the
    assignment, allocation, and transfer of space; contractual services
    incident to cleaning or servicing buildings, and moving; repair and
    alteration of federally owned buildings, including grounds, approaches,
    and appurtenances; care and safeguarding of sites; maintenance,
    preservation, demolition, and equipment; acquisition of buildings and
    sites by purchase, condemnation, or as otherwise authorized by law;
    acquisition of options to purchase buildings and sites; conversion and
    extension of federally owned buildings; preliminary planning and design
    of projects by contract or otherwise; construction of new buildings
    (including equipment for such buildings); and payment of principal,
    interest, and any other obligations for public buildings acquired by
    installment purchase and purchase contract; in the aggregate amount of
    $9,342,205,000, of which--
                (1) $299,476,000 shall remain available until expended for
            new construction and acquisition (including funds for sites and
            expenses, and associated design and construction services and
            feasibility studies), and demolition and related site and
            security expenses, of which--
                        (A) $245,976,000 is for new construction and
                    acquisition, as follows:
                Connecticut:
                Hartford, U.S. Courthouse, $138,000,000;
                Puerto Rico:
                San Juan, U.S. Courthouse, $22,476,000;
                Tennessee:
                Chattanooga, U.S. Courthouse, $85,500,000;
                        (B) $52,000,000 is for demolition of the buildings
                    located at 202-220 South State Street in Chicago,
                    Illinois, and protection of the adjacent buildings
                    during the demolition process, securing the vacant site
                    of the demolished buildings, and landscaping the vacant
                    site following demolition; and
                        (C) $1,500,000 is for feasibility studies to assess
                    goals, scope, customer need, and alternatives for the
                    following projects:
                Arizona:
                Nogales, Dennis DeConcini U.S. Land Port of Entry, $500,000;
                Georgia:
                Atlanta, Chamblee Campus, $500,000;

    [[Page 136 STAT. 272]]

                New Mexico:
                Santa Teresa, U.S. Land Port of Entry, $500,000:
              Provided, That each of the foregoing limits of costs on new
            construction and acquisition projects may be exceeded to the
            extent that savings are effected in other such projects, but not
            to exceed 10 percent of the amounts included in a transmitted
            prospectus, if required, unless advance approval is obtained
            from the Committees on Appropriations of the House of
            Representatives and the Senate of a greater amount;
                (2) $581,581,000 shall remain available until expended for
            repairs and alterations, including associated design and
            construction services, of which--
                        (A) $139,893,000 is for Major Repairs and
                    Alterations as follows:
                Alabama:
                Selma, U.S. Federal Building and Courthouse, $4,200,000;
                District of Columbia:
                Regional Office Building, Phase 2, $4,941,000;
                Maryland:
                Suitland, Suitland Federal Campus, $20,000,000;
                Michigan:
                Detroit, Patrick V. McNamara Federal Building Garage,
            $1,208,000;
                Mississippi:
                Hattiesburg, William M. Colmer Federal Building and U.S.
            Courthouse, $27,000,000;
                Vicksburg, Mississippi River Commission Building,
            $23,749,000;
                Washington:
                Tacoma, Tacoma Union Station, $3,395,000;
                West Virginia:
                Clarksburg, Clarksburg Post Office and U.S. Courthouse,
            $55,400,000;
                        (B) $388,710,000 is for Basic Repairs and
                    Alterations; and
                        (C) $52,978,000 is for Special Emphasis Programs as
                    follows:
                Childcare Facilities Security and Systems Improvements,
            $15,000,000;
                Consolidation Activities, $8,178,000;
                Fire Protection and Life Safety, $10,000,000; and
                Judiciary Capital Security Program, $19,800,000:
              Provided, That funds made available in this or any previous
            Act in the Federal Buildings Fund for Repairs and Alterations
            shall, for prospectus projects, be limited to the amount
            identified for each project, except each project in this or any
            previous Act may be increased by an amount not to exceed 10
            percent unless advance approval is obtained from the Committees
            on Appropriations of the House of Representatives and the Senate
            of a greater amount:  Provided further, That additional projects
            for which prospectuses have been fully approved may be funded
            under this category only if advance approval is obtained from
            the Committees on Appropriations of the House of Representatives
            and the Senate:  Provided further, <<NOTE: Compliance.>>  That
            the amounts provided in this or any prior Act for ``Repairs and
            Alterations'' may be used to fund costs associated with
            implementing security improvements to buildings necessary to
            meet the minimum

    [[Page 136 STAT. 273]]

            standards for security in accordance with current law and in
            compliance with the reprogramming guidelines of the appropriate
            Committees of the House and Senate:  Provided further, That the
            difference between the funds appropriated and expended on any
            projects in this or any prior Act, under the heading ``Repairs
            and Alterations'', may be transferred to ``Basic Repairs and
            Alterations'' or used to fund authorized increases in prospectus
            projects:  Provided further, That the amount provided in this or
            any prior Act for ``Basic Repairs and Alterations'' may be used
            to pay claims against the Government arising from any projects
            under the heading ``Repairs and Alterations'' or used to fund
            authorized increases in prospectus projects;
                (3) $5,665,148,000 for rental of space to remain available
            until expended; and
                (4) $2,796,000,000 for building operations to remain
            available until expended:  Provided, <<NOTE: Proposed
            prospectus.>>  That the total amount of funds made available
            from this Fund to the General Services Administration shall not
            be available for expenses of any construction, repair,
            alteration and acquisition project for which a prospectus, if
            required by 40 U.S.C. 3307(a), has not been approved, except
            that necessary funds may be expended for each project for
            required expenses for the development of a proposed prospectus:
            Provided further, That funds available in the Federal Buildings
            Fund may be expended for emergency repairs when advance approval
            is obtained from the Committees on Appropriations of the House
            of Representatives and the Senate:  Provided further, That
            amounts necessary to provide reimbursable special services to
            other agencies under 40 U.S.C. 592(b)(2) and amounts to provide
            such reimbursable fencing, lighting, guard booths, and other
            facilities on private or other property not in Government
            ownership or control as may be appropriate to enable the United
            States Secret Service to perform its protective functions
            pursuant to 18 U.S.C. 3056, shall be available from such
            revenues and collections:  Provided further, That revenues and
            collections and any other sums accruing to this Fund during
            fiscal year 2022, excluding reimbursements under 40 U.S.C.
            592(b)(2), in excess of the aggregate new obligational authority
            authorized for Real Property Activities of the Federal Buildings
            Fund in this Act shall remain in the Fund and shall not be
            available for expenditure except as authorized in appropriations
            Acts.

                               general activities

                             government-wide policy

        For expenses authorized by law, not otherwise provided for, for
    Government-wide policy and evaluation activities associated with the
    management of real and personal property assets and certain
    administrative services; Government-wide policy support responsibilities
    relating to acquisition, travel, motor vehicles, information technology
    management, and related technology activities; and services as
    authorized by 5 U.S.C. 3109; $68,720,000.

    [[Page 136 STAT. 274]]

                               operating expenses

        For expenses authorized by law, not otherwise provided for, for
    Government-wide activities associated with utilization and donation of
    surplus personal property; disposal of real property; agency-wide policy
    direction, and management; and services as authorized by 5 U.S.C. 3109;
    $52,540,000, of which not to exceed $7,500 is for official reception and
    representation expenses.

                       civilian board of contract appeals

        For expenses authorized by law, not otherwise provided for, for the
    activities associated with the Civilian Board of Contract Appeals,
    $9,580,000, of which $2,000,000 shall remain available until September
    30, 2023.

                           office of inspector general

        For necessary expenses of the Office of Inspector General and
    service authorized by 5 U.S.C. 3109, $69,000,000:  Provided, That not to
    exceed $50,000 shall be available for payment for information and
    detection of fraud against the Government, including payment for
    recovery of stolen Government property:  Provided further, That not to
    exceed $2,500 shall be available for awards to employees of other
    Federal agencies and private citizens in recognition of efforts and
    initiatives resulting in enhanced Office of Inspector General
    effectiveness.

                allowances and office staff for former presidents

        For carrying out the provisions of the Act of August 25, 1958 (3
    U.S.C. 102 note), and Public Law 95-138, $5,000,000.

                          federal citizen services fund

                          (including transfer of funds)

        For necessary expenses of the Office of Products and Programs,
    including services authorized by 40 U.S.C. 323 and 44 U.S.C. 3604; and
    for necessary expenses in support of interagency projects that enable
    the Federal Government to enhance its ability to conduct activities
    electronically, through the development and implementation of innovative
    uses of information technology; $55,000,000, to be deposited into the
    Federal Citizen Services Fund:  Provided, That the previous amount may
    be transferred to Federal agencies to carry out the purpose of the
    Federal Citizen Services Fund:  Provided further, That the
    appropriations, revenues, reimbursements, and collections deposited into
    the Fund shall be available until expended for necessary expenses of
    Federal Citizen Services and other activities that enable the Federal
    Government to enhance its ability to conduct activities electronically
    in the aggregate amount not to exceed $150,000,000:  Provided further,
    That appropriations, revenues, reimbursements, and collections accruing
    to this Fund during fiscal year 2022 in excess of such amount shall
    remain in the Fund and shall not be available for expenditure except as
    authorized in appropriations Acts:  Provided further, That the transfer
    authorities provided herein shall be in addition to any other transfer
    authority provided in this Act:  Provided further,

    [[Page 136 STAT. 275]]

    That of the total amount appropriated, up to $5,000,000 shall be
    available for support functions and full-time hires to support
    activities related to the Administration's requirements under Title II
    of the Foundations for Evidence-Based Policy-making Act of 2018 (Public
    Law 115-435).

                    asset proceeds and space management fund

        For carrying out section 16(b) of the Federal Assets Sale and
    Transfer Act of 2016 (40 U.S.C. 1303 note), $4,000,000, to remain
    available until expended.

                              working capital fund

        For the Working Capital Fund of the General Services Administration,
    $4,000,000, to remain available until expended, for necessary costs
    incurred by the Administrator to modernize rulemaking systems and to
    provide support services for Federal rulemaking agencies.

           administrative provisions--general services administration

                          (including transfer of funds)

        Sec. 520.  Funds available to the General Services Administration
    shall be available for the hire of passenger motor vehicles.
        Sec. 521.  Funds in the Federal Buildings Fund made available for
    fiscal year 2022 for Federal Buildings Fund activities may be
    transferred between such activities only to the extent necessary to meet
    program requirements:  Provided, <<NOTE: Advance approval.>>  That any
    proposed transfers shall be approved in advance by the Committees on
    Appropriations of the House of Representatives and the Senate.

        Sec. 522.  <<NOTE: Courts. Study.>>  Except as otherwise provided in
    this title, funds made available by this Act shall be used to transmit a
    fiscal year 2023 request for United States Courthouse construction only
    if the request: (1) meets the design guide standards for construction as
    established and approved by the General Services Administration, the
    Judicial Conference of the United States, and the Office of Management
    and Budget; (2) reflects the priorities of the Judicial Conference of
    the United States as set out in its approved Courthouse Project
    Priorities plan; and (3) includes a standardized courtroom utilization
    study of each facility to be constructed, replaced, or expanded.

        Sec. 523.  <<NOTE: Determination.>>  None of the funds provided in
    this Act may be used to increase the amount of occupiable square feet,
    provide cleaning services, security enhancements, or any other service
    usually provided through the Federal Buildings Fund, to any agency that
    does not pay the rate per square foot assessment for space and services
    as determined by the General Services Administration in consideration of
    the Public Buildings Amendments Act of 1972 (Public Law 92-313).

        Sec. 524.  <<NOTE: Notification.>>  From funds made available under
    the heading ``Federal Buildings Fund, Limitations on Availability of
    Revenue'', claims against the Government of less than $250,000 arising
    from direct construction projects and acquisition of buildings may be
    liquidated from savings effected in other construction projects with
    prior notification to the Committees on Appropriations of the House of
    Representatives and the Senate.

    [[Page 136 STAT. 276]]

        Sec. 525.  <<NOTE: Contracts. Determination. Statement.>>  In any
    case in which the Committee on Transportation and Infrastructure of the
    House of Representatives and the Committee on Environment and Public
    Works of the Senate adopt a resolution granting lease authority pursuant
    to a prospectus transmitted to Congress by the Administrator of the
    General Services Administration under 40 U.S.C. 3307, the Administrator
    shall ensure that the delineated area of procurement is identical to the
    delineated area included in the prospectus for all lease agreements,
    except that, if the Administrator determines that the delineated area of
    the procurement should not be identical to the delineated area included
    in the prospectus, the Administrator shall provide an explanatory
    statement to each of such committees and the Committees on
    Appropriations of the House of Representatives and the Senate prior to
    exercising any lease authority provided in the resolution.

        Sec. 526.  <<NOTE: Spending plan. Deadline.>>  With respect to E-
    Government projects funded under the heading ``Federal Citizen Services
    Fund'', the Administrator of General Services shall submit a spending
    plan and explanation for each project to be undertaken to the Committees
    on Appropriations of the House of Representatives and the Senate not
    later than 60 days after the date of enactment of this Act.

        Sec. 527.  Section 323 of title 40, United States Code, is amended
    by adding at the end a new subsection:
        ``(f) <<NOTE: Contracts.>>  The Administrator may enter into
    agreements with federal agencies to provide services through the Fund on
    a fully reimbursable basis.''.

        Sec. 528.  Section 3173(d)(1) of title 40, United States Code, is
    amended by inserting before the period the following: ``or for agency-
    wide acquisition of equipment or systems or the acquisition of services
    in lieu thereof, as necessary to implement the Act''.
        Sec. 529.  Section 3173(b)(1) of title 40, United States Code, is
    amended by inserting ``, including advance payments,'' after ``Amounts
    received''.
        Sec. 530. <<NOTE: Site selection.>>  (a) The Administrator of the
    General Services Administration shall select a site from one of the
    three listed in the General Services Administration Fiscal Year 2017
    PNCR-FBI-NCR17 prospectus for a new fully consolidated Federal Bureau of
    Investigations (FBI) headquarters. Such decision shall be made in as
    expeditious manner as possible.

        (b) <<NOTE: Reports.>>  Within 180 days of selecting a site, the
    General Services Administrator shall transmit to the Committees on
    Appropriations of the House of Representatives and the Senate, the
    Committee on Transportation and Infrastructure of the House of
    Representatives, and the Committee on Environment and Public Works of
    the Senate, a report on the construction of a new headquarters for the
    FBI in the National Capital Region.

        (c) <<NOTE: Summary.>>  The report transmitted under subsection (b)
    shall be consistent with the requirements of section 3307(b) of title
    40, United States Code, and include a summary of the material provisions
    of the construction and consolidation of the FBI in a new headquarters
    facility, including all the costs associated design, management, and
    inspection, and a description of all buildings and infrastructure needed
    to complete the project.

    [[Page 136 STAT. 277]]

                      Harry S Truman Scholarship Foundation

                              salaries and expenses

        For payment to the Harry S Truman Scholarship Foundation Trust Fund,
    established by section 10 of Public Law 93-642, $2,500,000, to remain
    available until expended.

                         Merit Systems Protection Board

                              salaries and expenses

                          (including transfer of funds)

        For necessary expenses to carry out functions of the Merit Systems
    Protection Board pursuant to Reorganization Plan Numbered 2 of 1978, the
    Civil Service Reform Act of 1978, and the Whistleblower Protection Act
    of 1989 (5 U.S.C. 5509 note), including services as authorized by 5
    U.S.C. 3109, rental of conference rooms in the District of Columbia and
    elsewhere, hire of passenger motor vehicles, direct procurement of
    survey printing, and not to exceed $2,000 for official reception and
    representation expenses, $45,825,000, to remain available until
    September 30, 2023, and in addition not to exceed $2,345,000, to remain
    available until September 30, 2023, for administrative expenses to
    adjudicate retirement appeals to be transferred from the Civil Service
    Retirement and Disability Fund in amounts determined by the Merit
    Systems Protection Board.

                 Morris K. Udall and Stewart L. Udall Foundation

                 morris k. udall and stewart l. udall trust fund

                          (including transfer of funds)

        For payment to the Morris K. Udall and Stewart L. Udall Foundation,
    pursuant to the Morris K. Udall and Stewart L. Udall Foundation Act (20
    U.S.C. 5601 et seq.), $1,800,000, to remain available until expended, of
    which, notwithstanding sections 8 and 9 of such Act, up to $1,000,000
    shall be available to carry out the activities authorized by section
    6(7) of Public Law 102-259 and section 817(a) of Public Law 106-568 (20
    U.S.C. 5604(7)):  Provided, That all current and previous amounts
    transferred to the Office of Inspector General of the Department of the
    Interior will remain available until expended for audits and
    investigations of the Morris K. Udall and Stewart L. Udall Foundation,
    consistent with the Inspector General Act of 1978 (5 U.S.C. App.), as
    amended, and for annual independent financial audits of the Morris K.
    Udall and Stewart L. Udall Foundation pursuant to the Accountability of
    Tax Dollars Act of 2002 (Public Law 107-289):  Provided further, That
    previous amounts transferred to the Office of Inspector General of the
    Department of the Interior may be transferred to the Morris K. Udall and
    Stewart L. Udall Foundation for annual independent financial audits
    pursuant to the Accountability of Tax Dollars Act of 2002 (Public Law
    107-289).

    [[Page 136 STAT. 278]]

                      environmental dispute resolution fund

        For payment to the Environmental Dispute Resolution Fund to carry
    out activities authorized in the Environmental Policy and Conflict
    Resolution Act of 1998, $3,296,000, to remain available until expended.

                  National Archives and Records Administration

                               operating expenses

        For necessary expenses in connection with the administration of the
    National Archives and Records Administration and archived Federal
    records and related activities, as provided by law, and for expenses
    necessary for the review and declassification of documents, the
    activities of the Public Interest Declassification Board, the operations
    and maintenance of the electronic records archives, the hire of
    passenger motor vehicles, and for uniforms or allowances therefor, as
    authorized by law (5 U.S.C. 5901), including maintenance, repairs, and
    cleaning, $388,310,000, of which $29,000,000 shall remain available
    until expended for expenses necessary to enhance the Federal
    Government's ability to electronically preserve, manage, and store
    Government records, and of which up to $2,000,000 shall remain available
    until expended to implement the Civil Rights Cold Case Records
    Collection Act of 2018 (Public Law 115-426).

                           office of inspector general

        For necessary expenses of the Office of Inspector General in
    carrying out the provisions of the Inspector General Reform Act of 2008,
    Public Law 110-409, 122 Stat. 4302-16 (2008), and the Inspector General
    Act of 1978 (5 U.S.C. App.), and for the hire of passenger motor
    vehicles, $4,968,000.

                             repairs and restoration

                          (including transfer of funds)

        For the repair, alteration, and improvement of archives facilities
    and museum exhibits, related equipment for public spaces, and to provide
    adequate storage for holdings, $71,000,000, to remain available until
    expended, of which $11,500,000 is for the Harry S. Truman Library
    Institute for National and International Affairs in Kansas City,
    Missouri, and of which $20,000,000 is for the Ulysses S. Grant
    Presidential Library in Starkville, Mississippi:  Provided, That such
    funds may be transferred directly to the Truman Library Institute and to
    Mississippi State University and maybe used for improvements to library
    grounds and construction and related activities.

             national historical publications and records commission

                                  grants program

        For necessary expenses for allocations and grants for historical
    publications and records as authorized by 44 U.S.C. 2504, $7,000,000, to
    remain available until expended.

    [[Page 136 STAT. 279]]

     administrative provision--national archives and records administration

        Sec. 531.  For an additional amount for ``National Historical
    Publications and Records Commission Grants Program'', $5,265,000, which
    shall be for initiatives in the amounts and for the projects specified
    in the table that appears under the heading ``Administrative
    Provisions--National Archives and Records Administration'' in the
    explanatory statement described in section 4 (in the matter preceding
    division A of this consolidated Act):  Provided, That none of the funds
    made available by this section may be transferred for any other purpose.

                      National Credit Union Administration

                    community development revolving loan fund

        For the Community Development Revolving Loan Fund program as
    authorized by 42 U.S.C. 9812, 9822 and 9910, $1,545,000 shall be
    available until September 30, 2023, for technical assistance to low-
    income designated credit unions.

                           Office of Government Ethics

                              salaries and expenses

        For necessary expenses to carry out functions of the Office of
    Government Ethics pursuant to the Ethics in Government Act of 1978, the
    Ethics Reform Act of 1989, and the Representative Louise McIntosh
    Slaughter Stop Trading on Congressional Knowledge Act, including
    services as authorized by 5 U.S.C. 3109, rental of conference rooms in
    the District of Columbia and elsewhere, hire of passenger motor
    vehicles, and not to exceed $1,500 for official reception and
    representation expenses, $19,158,000.

                         Office of Personnel Management

                              salaries and expenses

                      (including transfers of trust funds)

        For necessary expenses to carry out functions of the Office of
    Personnel Management (OPM) pursuant to Reorganization Plan Numbered 2 of
    1978 and the Civil Service Reform Act of 1978, including services as
    authorized by 5 U.S.C. 3109; medical examinations performed for veterans
    by private physicians on a fee basis; rental of conference rooms in the
    District of Columbia and elsewhere; hire of passenger motor vehicles;
    not to exceed $2,500 for official reception and representation expenses;
    and payment of per diem and/or subsistence allowances to employees where
    Voting Rights Act activities require an employee to remain overnight at
    his or her post of duty, $164,934,000:  Provided, That of the total
    amount made available under this heading, $8,842,000 shall remain
    available until expended, for information technology infrastructure
    modernization and Trust Fund Federal Financial System migration or
    modernization, and shall be in addition to funds otherwise made
    available for such purposes:  Provided further, That of the total amount
    made available under this heading, $1,073,201 may be

    [[Page 136 STAT. 280]]

    made available for strengthening the capacity and capabilities of the
    acquisition workforce (as defined by the Office of Federal Procurement
    Policy Act, as amended (41 U.S.C. 4001 et seq.)), including the
    recruitment, hiring, training, and retention of such workforce and
    information technology in support of acquisition workforce effectiveness
    or for management solutions to improve acquisition management; and in
    addition $174,714,000 for administrative expenses, to be transferred
    from the appropriate trust funds of OPM without regard to other
    statutes, including direct procurement of printed materials, for the
    retirement and insurance programs:  Provided further, That the
    provisions of this appropriation shall not affect the authority to use
    applicable trust funds as provided by sections 8348(a)(1)(B),
    8958(f)(2)(A), 8988(f)(2)(A), and 9004(f)(2)(A) of title 5, United
    States Code:  Provided further, That no part of this appropriation shall
    be available for salaries and expenses of the Legal Examining Unit of
    OPM established pursuant to Executive Order No. 9358 of July 1, 1943, or
    any successor unit of like purpose:  Provided
    further, <<NOTE: Donations.>>  That the President's Commission on White
    House Fellows, established by Executive Order No. 11183 of October 3,
    1964, may, during fiscal year 2022, accept donations of money, property,
    and personal services:  Provided further, That such donations, including
    those from prior years, may be used for the development of publicity
    materials to provide information about the White House Fellows, except
    that no such donations shall be accepted for travel or reimbursement of
    travel expenses, or for the salaries of employees of such Commission:
    Provided further, That not to exceed 5 percent of amounts made available
    under this heading may be transferred to an information technology
    working capital fund established for purposes authorized by subtitle G
    of title X of division A of the National Defense Authorization Act for
    Fiscal Year 2018 (Public Law 115-91; 40 U.S.C. 11301 note):  Provided
    further, <<NOTE: Notification. Approval. Time period.>>  That the
    Director of the OPM shall notify, and receive approval from, the
    Committees on Appropriations of the House of Representatives and the
    Senate at least 15 days in advance of any transfer under the preceding
    proviso:  Provided further, That amounts transferred to such a fund
    under such transfer authority from any organizational category of the
    OPM shall not exceed 5 percent of each such organizational category's
    budget as identified in the report required by section 608 of this Act:
    Provided further, That amounts transferred to such a fund shall remain
    available for obligation through September 30, 2025.

                           office of inspector general

                              salaries and expenses

                       (including transfer of trust funds)

        For necessary expenses of the Office of Inspector General in
    carrying out the provisions of the Inspector General Act of 1978,
    including services as authorized by 5 U.S.C. 3109, hire of passenger
    motor vehicles, $5,150,000, and in addition, not to exceed $28,083,000
    for administrative expenses to audit, investigate, and provide other
    oversight of the Office of Personnel Management's retirement and
    insurance programs, to be transferred from the appropriate trust funds
    of the Office of Personnel Management,

    [[Page 136 STAT. 281]]

    as determined by the Inspector General:  Provided, That the Inspector
    General is authorized to rent conference rooms in the District of
    Columbia and elsewhere.

                            Office of Special Counsel

                              salaries and expenses

        For necessary expenses to carry out functions of the Office of
    Special Counsel, including services as authorized by 5 U.S.C. 3109,
    payment of fees and expenses for witnesses, rental of conference rooms
    in the District of Columbia and elsewhere, and hire of passenger motor
    vehicles, $30,385,000.

                          Postal Regulatory Commission

                              salaries and expenses

                          (including transfer of funds)

        For necessary expenses of the Postal Regulatory Commission in
    carrying out the provisions of the Postal Accountability and Enhancement
    Act (Public Law 109-435), $17,510,000, to be derived by transfer from
    the Postal Service Fund and expended as authorized by section 603(a) of
    such Act.

                   Privacy and Civil Liberties Oversight Board

                              salaries and expenses

        For necessary expenses of the Privacy and Civil Liberties Oversight
    Board, as authorized by section 1061 of the Intelligence Reform and
    Terrorism Prevention Act of 2004 (42 U.S.C. 2000ee), $9,800,000, to
    remain available until September 30, 2023.

                          Public Buildings Reform Board

                              salaries and expenses

        For salaries and expenses of the Public Buildings Reform Board in
    carrying out the Federal Assets Sale and Transfer Act of 2016 (Public
    Law 114-287), $3,605,000, to remain available until expended.

                       Securities and Exchange Commission

                              salaries and expenses

        For necessary expenses for the Securities and Exchange Commission,
    including services as authorized by 5 U.S.C. 3109, the rental of space
    (to include multiple year leases) in the District of Columbia and
    elsewhere, and not to exceed $3,500 for official reception and
    representation expenses, $1,988,550,000, to remain available until
    expended; of which not less than $17,649,400 shall be for the Office of
    Inspector General; of which not to exceed $75,000 shall be available for
    a permanent secretariat for the International Organization of Securities
    Commissions; and of which not to exceed $100,000 shall be available for
    expenses for consultations

    [[Page 136 STAT. 282]]

    and meetings hosted by the Commission with foreign governmental and
    other regulatory officials, members of their delegations and staffs to
    exchange views concerning securities matters, such expenses to include
    necessary logistic and administrative expenses and the expenses of
    Commission staff and foreign invitees in attendance including: (1)
    incidental expenses such as meals; (2) travel and transportation; and
    (3) related lodging or subsistence.
        In addition to the foregoing appropriation, for move, replication,
    and related costs associated with a replacement lease for the
    Commission's Fort Worth Regional Office facilities, not to exceed
    $6,746,000, to remain available until expended; and for move,
    replication, and related costs associated with a replacement lease for
    the Commission's San Francisco Regional Office facilities, not to exceed
    $4,367,000, to remain available until expended.
        For purposes of calculating the fee rate under section 31(j) of the
    Securities Exchange Act of 1934 (15 U.S.C. 78ee(j)) for fiscal year
    2022, all amounts appropriated under this heading shall be deemed to be
    the regular appropriation to the Commission for fiscal year 2022:
    Provided, That fees and charges authorized by section 31 of the
    Securities Exchange Act of 1934 (15 U.S.C. 78ee) shall be credited to
    this account as offsetting collections:  Provided further, That not to
    exceed $1,988,550,000 of such offsetting collections shall be available
    until expended for necessary expenses of this account; not to exceed
    $6,746,000 of such offsetting collections shall be available until
    expended for move, replication, and related costs under this heading
    associated with a replacement lease for the Commission's Fort Worth
    Regional Office facilities; and not to exceed $4,367,000 of such
    offsetting collections shall be available until expended for move,
    replication, and related costs under this heading associated with a
    replacement lease for the Commission's San Francisco Regional Office
    facilities:  Provided further, That the total amount appropriated under
    this heading from the general fund for fiscal year 2022 shall be reduced
    as such offsetting fees are received so as to result in a final total
    fiscal year 2022 appropriation from the general fund estimated at not
    more than $0:  Provided further, That if any amount of the appropriation
    for move, replication, and related costs associated with a replacement
    lease for the Commission's Fort Worth Regional Office facilities or if
    any amount of the appropriation for move, replication, and related costs
    associated with a replacement lease for the Commission's San Francisco
    Regional Office facilities is subsequently de-obligated by the
    Commission, such amount that was derived from the general fund shall be
    returned to the general fund, and such amounts that were derived from
    fees or assessments collected for such purpose shall be paid to each
    national securities exchange and national securities association,
    respectively, in proportion to any fees or assessments paid by such
    national securities exchange or national securities association under
    section 31 of the Securities Exchange Act of 1934 (15 U.S.C. 78ee) in
    fiscal year 2022.

                            Selective Service System

                              salaries and expenses

        For necessary expenses of the Selective Service System, including
    expenses of attendance at meetings and of training for uniformed
    personnel assigned to the Selective Service System, as

    [[Page 136 STAT. 283]]

    authorized by 5 U.S.C. 4101-4118 for civilian employees; hire of
    passenger motor vehicles; services as authorized by 5 U.S.C. 3109; and
    not to exceed $750 for official reception and representation expenses;
    $29,200,000:  Provided, <<NOTE: President.>>  That during the current
    fiscal year, the President may exempt this appropriation from the
    provisions of 31 U.S.C. 1341, whenever the President deems such action
    to be necessary in the interest of national defense:  Provided further,
    That none of the funds appropriated by this Act may be expended for or
    in connection with the induction of any person into the Armed Forces of
    the United States.

                          Small Business Administration

                              salaries and expenses

        For necessary expenses, not otherwise provided for, of the Small
    Business Administration, including hire of passenger motor vehicles as
    authorized by sections 1343 and 1344 of title 31, United States Code,
    and not to exceed $3,500 for official reception and representation
    expenses, $278,378,000, of which not less than $12,000,000 shall be
    available for examinations, reviews, and other lender oversight
    activities:  Provided, <<NOTE: Fees.>>  That the Administrator is
    authorized to charge fees to cover the cost of publications developed by
    the Small Business Administration, and certain loan program activities,
    including fees authorized by section 5(b) of the Small Business Act:
    Provided further, That, notwithstanding 31 U.S.C. 3302, revenues
    received from all such activities shall be credited to this account, to
    remain available until expended, for carrying out these purposes without
    further appropriations:  Provided further, That the Small Business
    Administration may accept gifts in an amount not to exceed $4,000,000
    and may co-sponsor activities, each in accordance with section 132(a) of
    division K of Public Law 108-447, during fiscal year 2022:  Provided
    further, That $6,100,000 shall be available for the Loan Modernization
    and Accounting System, to be available until September 30, 2023.

                      entrepreneurial development programs

        For necessary expenses of programs supporting entrepreneurial and
    small business development, $290,150,000, to remain available until
    September 30, 2023:  Provided, That $138,000,000 shall be available to
    fund grants for performance in fiscal year 2022 or fiscal year 2023 as
    authorized by section 21 of the Small Business Act:  Provided further,
    That $37,000,000 shall be for marketing, management, and technical
    assistance under section 7(m) of the Small Business Act (15 U.S.C.
    636(m)(4)) by intermediaries that make microloans under the microloan
    program:  Provided further, That $20,000,000 shall be available for
    grants to States to carry out export programs that assist small business
    concerns authorized under section 22(l) of the Small Business Act (15
    U.S.C. 649(l)).

                           office of inspector general

        For necessary expenses of the Office of Inspector General in
    carrying out the provisions of the Inspector General Act of 1978,
    $22,671,000.

    [[Page 136 STAT. 284]]

                               office of advocacy

        For necessary expenses of the Office of Advocacy in carrying out the
    provisions of title II of Public Law 94-305 (15 U.S.C. 634a et seq.) and
    the Regulatory Flexibility Act of 1980 (5 U.S.C. 601 et seq.),
    $9,466,000, to remain available until expended.

                         business loans program account

                          (including transfer of funds)

        For the cost of direct loans, $6,000,000, to remain available until
    expended:  Provided, That such costs, including the cost of modifying
    such loans, shall be as defined in section 502 of the Congressional
    Budget Act of 1974:  Provided further, That subject to section 502 of
    the Congressional Budget Act of 1974, during fiscal year 2022
    commitments to guarantee loans under section 503 of the Small Business
    Investment Act of 1958 shall not exceed $11,000,000,000:  Provided
    further, That during fiscal year 2022 commitments for general business
    loans authorized under paragraphs (1) through (35) of section 7(a) of
    the Small Business Act shall not exceed $30,000,000,000 for a
    combination of amortizing term loans and the aggregated maximum line of
    credit provided by revolving loans:  Provided further, That during
    fiscal year 2022 commitments for loans authorized under subparagraph (C)
    of section 502(7) of the Small Business Investment Act of 1958 (15
    U.S.C. 696(7)) shall not exceed $4,000,000,000:  Provided further, That
    during fiscal year 2022 commitments to guarantee loans for debentures
    under section 303(b) of the Small Business Investment Act of 1958 shall
    not exceed $5,000,000,000:  Provided further, That during fiscal year
    2022, guarantees of trust certificates authorized by section 5(g) of the
    Small Business Act shall not exceed a principal amount of
    $13,000,000,000. In addition, for administrative expenses to carry out
    the direct and guaranteed loan programs, $163,000,000, which may be
    transferred to and merged with the appropriations for Salaries and
    Expenses.

                         disaster loans program account

                         (including transfers of funds)

        For administrative expenses to carry out the direct loan program
    authorized by section 7(b) of the Small Business Act, $178,000,000, to
    be available until expended, of which $1,600,000 is for the Office of
    Inspector General of the Small Business Administration for audits and
    reviews of disaster loans and the disaster loan programs and shall be
    transferred to and merged with the appropriations for the Office of
    Inspector General; of which $168,000,000 is for direct administrative
    expenses of loan making and servicing to carry out the direct loan
    program, which may be transferred to and merged with the appropriations
    for Salaries and Expenses; and of which $8,400,000 is for indirect
    administrative expenses for the direct loan program, which may be
    transferred to and merged with the appropriations for Salaries and
    Expenses:  Provided, That, of the funds provided under this heading,
    $143,000,000 shall be for major disasters declared pursuant to the
    Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
    U.S.C. 5122(2)):  Provided further, That the amount for

    [[Page 136 STAT. 285]]

    major disasters under this heading is designated by Congress as being
    for disaster relief pursuant to section 4004(b)(6) and section 4005(f)
    of S. Con. Res. 14 (117th Congress), the concurrent resolution on the
    budget for fiscal year 2022.

            administrative provisions--small business administration

                         (including transfers of funds)

        Sec. 540.  Not to exceed 5 percent of any appropriation made
    available for the current fiscal year for the Small Business
    Administration in this Act may be transferred between such
    appropriations, but no such appropriation shall be increased by more
    than 10 percent by any such transfers:  Provided, That any transfer
    pursuant to this paragraph shall be treated as a reprogramming of funds
    under section 608 of this Act and shall not be available for obligation
    or expenditure except in compliance with the procedures set forth in
    that section.
        Sec. 541.  <<NOTE: Advance approval.>>  Not to exceed 3 percent of
    any appropriation made available in this Act for the Small Business
    Administration under the headings ``Salaries and Expenses'' and
    ``Business Loans Program Account'' may be transferred to the
    Administration's information technology system modernization and working
    capital fund (IT WCF), as authorized by section 1077(b)(1) of title X of
    division A of the National Defense Authorization Act for Fiscal Year
    2018, for the purposes specified in section 1077(b)(3) of such Act, upon
    the advance approval of the Committees on Appropriations of the House of
    Representatives and the Senate:  Provided, That amounts transferred to
    the IT WCF under this section shall remain available for obligation
    through September 30, 2025.

        Sec. 542.  For an additional amount for ``Small Business
    Administration--Salaries and Expenses'', $83,022,000, which shall be for
    initiatives related to small business development and entrepreneurship,
    including programmatic and construction activities, in the amounts and
    for the projects specified in the table that appears under the heading
    ``Administrative Provisions--Small Business Administration'' in the
    explanatory statement described in section 4 (in the matter preceding
    division A of this consolidated Act):
    Provided, <<NOTE: Grants. Contracts.>>  That, notwithstanding sections
    2701.92 and 2701.93 of title 2, Code of Federal Regulations, the
    Administrator of the Small Business Administration may permit awards to
    subrecipients for initiatives funded under this section:  Provided
    further, That none of the funds made available by this section may be
    transferred for any other purpose.

                          United States Postal Service

                       payment to the postal service fund

        For payment to the Postal Service Fund for revenue forgone on free
    and reduced rate mail, pursuant to subsections (c) and (d) of section
    2401 of title 39, United States Code, $52,570,000:
    Provided, <<NOTE: Mail.>>  That mail for overseas voting and mail for
    the blind shall continue to be free:  Provided further, That 6-day
    delivery and rural delivery of mail shall continue at not less than the
    1983 level:  Provided further, That none of the funds made available to
    the Postal Service by this Act shall be used to implement any rule,
    regulation, or policy of charging any officer or employee of

    [[Page 136 STAT. 286]]

    any State or local child support enforcement agency, or any individual
    participating in a State or local program of child support enforcement,
    a fee for information requested or provided concerning an address of a
    postal customer:  Provided further, That none of the funds provided in
    this Act shall be used to consolidate or close small rural and other
    small post offices:  Provided further, That the Postal Service may not
    destroy, and shall continue to offer for sale, any copies of the
    Multinational Species Conservation Funds Semipostal Stamp, as authorized
    under the Multinational Species Conservation Funds Semipostal Stamp Act
    of 2010 (Public Law 111-241).

                           office of inspector general

                              salaries and expenses

                          (including transfer of funds)

        For necessary expenses of the Office of Inspector General in
    carrying out the provisions of the Inspector General Act of 1978,
    $262,000,000, to be derived by transfer from the Postal Service Fund and
    expended as authorized by section 603(b)(3) of the Postal Accountability
    and Enhancement Act (Public Law 109-435).

                             United States Tax Court

                              salaries and expenses

        For necessary expenses, including contract reporting and other
    services as authorized by 5 U.S.C. 3109, and not to exceed $3,000 for
    official reception and representation expenses; $57,783,000, of which
    $1,000,000 shall remain available until expended:  Provided, That
    travel <<NOTE: Certificate.>> expenses of the judges shall be paid upon
    the written certificate of the judge.

                                    TITLE VI

                          GENERAL PROVISIONS--THIS ACT

                         (including rescission of funds)

        Sec. 601.  None of the funds in this Act shall be used for the
    planning or execution of any program to pay the expenses of, or
    otherwise compensate, non-Federal parties intervening in regulatory or
    adjudicatory proceedings funded in this Act.
        Sec. 602.  None of the funds appropriated in this Act shall remain
    available for obligation beyond the current fiscal year, nor may any be
    transferred to other appropriations, unless expressly so provided
    herein.
        Sec. 603.  <<NOTE: Contracts.>>  The expenditure of any
    appropriation under this Act for any consulting service through
    procurement contract pursuant to 5 U.S.C. 3109, shall be limited to
    those contracts where such expenditures are a matter of public record
    and available for public inspection, except where otherwise provided
    under existing law, or under existing Executive order issued pursuant to
    existing law.

        Sec. 604.  None of the funds made available in this Act may be
    transferred to any department, agency, or instrumentality of

    [[Page 136 STAT. 287]]

    the United States Government, except pursuant to a transfer made by, or
    transfer authority provided in, this Act or any other appropriations
    Act.
        Sec. 605.  None of the funds made available by this Act shall be
    available for any activity or for paying the salary of any Government
    employee where funding an activity or paying a salary to a Government
    employee would result in a decision, determination, rule, regulation, or
    policy that would prohibit the enforcement of section 307 of the Tariff
    Act of 1930 (19 U.S.C. 1307).
        Sec. 606.  <<NOTE: Compliance.>>  No funds appropriated pursuant to
    this Act may be expended by an entity unless the entity agrees that in
    expending the assistance the entity will comply with chapter 83 of title
    41, United States Code.

        Sec. 607.  No funds appropriated or otherwise made available under
    this Act shall be made available to any person or entity that has been
    convicted of violating chapter 83 of title 41, United States Code.
        Sec. 608.  <<NOTE: Advance approval.>>  Except as otherwise provided
    in this Act, none of the funds provided in this Act, provided by
    previous appropriations Acts to the agencies or entities funded in this
    Act that remain available for obligation or expenditure in fiscal year
    2022, or provided from any accounts in the Treasury derived by the
    collection of fees and available to the agencies funded by this Act,
    shall be available for obligation or expenditure through a reprogramming
    of funds that: (1) creates a new program; (2) eliminates a program,
    project, or activity; (3) increases funds or personnel for any program,
    project, or activity for which funds have been denied or restricted by
    the Congress; (4) proposes to use funds directed for a specific activity
    by the Committee on Appropriations of either the House of
    Representatives or the Senate for a different purpose; (5) augments
    existing programs, projects, or activities in excess of $5,000,000 or 10
    percent, whichever is less; (6) reduces existing programs, projects, or
    activities by $5,000,000 or 10 percent, whichever is less; or (7)
    creates or reorganizes offices, programs, or activities unless prior
    approval is received from the Committees on Appropriations of the House
    of Representatives and the Senate:  Provided, <<NOTE: Consultation.>>
    That prior to any significant reorganization, restructuring, relocation,
    or closing of offices, programs, or activities, each agency or entity
    funded in this Act shall consult with the Committees on Appropriations
    of the House of Representatives and the Senate:  Provided
    further, <<NOTE: Reports.>>  That not later than 60 days after the date
    of enactment of this Act, each agency funded by this Act shall submit a
    report to the Committees on Appropriations of the House of
    Representatives and the Senate to establish the baseline for application
    of reprogramming and transfer authorities for the current fiscal year:
    Provided further, <<NOTE: Applicability.>>  That at a minimum the report
    shall include: (1) a table for each appropriation, detailing both full-
    time employee equivalents and budget authority, with separate columns to
    display the prior year enacted level, the President's budget request,
    adjustments made by Congress, adjustments due to enacted rescissions, if
    appropriate, and the fiscal year enacted level; (2) a delineation in the
    table for each appropriation and its respective prior year enacted level
    by object class and program, project, and activity as detailed in this
    Act, in the accompanying report, or in the budget appendix for the
    respective appropriation, whichever is more detailed, and which shall
    apply to all items for which a dollar amount is specified and to all
    programs for

    [[Page 136 STAT. 288]]

    which new budget authority is provided, as well as to discretionary
    grants and discretionary grant allocations; and (3) an identification of
    items of special congressional interest:  Provided
    further, <<NOTE: Penalties.>>  That the amount appropriated or limited
    for salaries and expenses for an agency shall be reduced by $100,000 per
    day for each day after the required date that the report has not been
    submitted to the Congress.

        Sec. 609.  Except as otherwise specifically provided by law, not to
    exceed 50 percent of unobligated balances remaining available at the end
    of fiscal year 2022 from appropriations made available for salaries and
    expenses for fiscal year 2022 in this Act, shall remain available
    through September 30, 2023, for each such account for the purposes
    authorized:  Provided, <<NOTE: Approval request.>>  That a request shall
    be submitted to the Committees on Appropriations of the House of
    Representatives and the Senate for approval prior to the expenditure of
    such funds:  Provided further, <<NOTE: Compliance.>>  That these
    requests shall be made in compliance with reprogramming guidelines.

        Sec. 610. <<NOTE: Background investigations.>>  (a) None of the
    funds made available in this Act may be used by the Executive Office of
    the President to request--
                (1) any official background investigation report on any
            individual from the Federal Bureau of Investigation; or
                (2) <<NOTE: Determination. Tax exemption.>>  a determination
            with respect to the treatment of an organization as described in
            section 501(c) of the Internal Revenue Code of 1986 and exempt
            from taxation under section 501(a) of such Code from the
            Department of the Treasury or the Internal Revenue Service.

        (b) Subsection (a) shall not apply--
                (1) <<NOTE: Time period.>>  in the case of an official
            background investigation report, if such individual has given
            express written consent for such request not more than 6 months
            prior to the date of such request and during the same
            presidential administration; or
                (2) if such request is required due to extraordinary
            circumstances involving national security.

        Sec. 611.  The cost accounting standards promulgated under chapter
    15 of title 41, United States Code shall not apply with respect to a
    contract under the Federal Employees Health Benefits Program established
    under chapter 89 of title 5, United States Code.
        Sec. 612.  For the purpose of resolving litigation and implementing
    any settlement agreements regarding the nonforeign area cost-of-living
    allowance program, the Office of Personnel Management may accept and
    utilize (without regard to any restriction on unanticipated travel
    expenses imposed in an Appropriations Act) funds made available to the
    Office of Personnel Management pursuant to court approval.
        Sec. 613.  <<NOTE: Abortion.>>  No funds appropriated by this Act
    shall be available to pay for an abortion, or the administrative
    expenses in connection with any health plan under the Federal employees
    health benefits program which provides any benefits or coverage for
    abortions.

        Sec. 614.  The provision of section 613 shall not apply where the
    life of the mother would be endangered if the fetus were carried to
    term, or the pregnancy is the result of an act of rape or incest.
        Sec. 615.  In order to promote Government access to commercial
    information technology, the restriction on purchasing nondomestic
    articles, materials, and supplies set forth in chapter 83 of title 41,
    United States Code (popularly known as the Buy American Act), shall not
    apply to the acquisition by the Federal Government

    [[Page 136 STAT. 289]]

    of information technology (as defined in section 11101 of title 40,
    United States Code), that is a commercial item (as defined in section
    103 of title 41, United States Code).
        Sec. 616.  Notwithstanding section 1353 of title 31, United States
    Code, no officer or employee of any regulatory agency or commission
    funded by this Act may accept on behalf of that agency, nor may such
    agency or commission accept, payment or reimbursement from a non-Federal
    entity for travel, subsistence, or related expenses for the purpose of
    enabling an officer or employee to attend and participate in any meeting
    or similar function relating to the official duties of the officer or
    employee when the entity offering payment or reimbursement is a person
    or entity subject to regulation by such agency or commission, or
    represents a person or entity subject to regulation by such agency or
    commission, unless the person or entity is an organization described in
    section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from
    tax under section 501(a) of such Code.
        Sec. 617. <<NOTE: Contracts. Consultation.>>  (a)(1) Notwithstanding
    any other provision of law, an Executive agency covered by this Act
    otherwise authorized to enter into contracts for either leases or the
    construction or alteration of real property for office, meeting,
    storage, or other space must consult with the General Services
    Administration before issuing a solicitation for offers of new leases or
    construction contracts, and in the case of succeeding leases, before
    entering into negotiations with the current lessor.

        (2) <<NOTE: President.>>  Any such agency with authority to enter
    into an emergency lease may do so during any period declared by the
    President to require emergency leasing authority with respect to such
    agency.

        (b) <<NOTE: Definition.>>  For purposes of this section, the term
    ``Executive agency covered by this Act'' means any Executive agency
    provided funds by this Act, but does not include the General Services
    Administration or the United States Postal Service.

        Sec. 618. (a) There are appropriated for the following activities
    the amounts required under current law:
                (1) Compensation of the President (3 U.S.C. 102).
                (2) Payments to--
                        (A) the Judicial Officers' Retirement Fund (28
                    U.S.C. 377(o));
                        (B) the Judicial Survivors' Annuities Fund (28
                    U.S.C. 376(c)); and
                        (C) the United States Court of Federal Claims
                    Judges' Retirement Fund (28 U.S.C. 178(l)).
                (3) Payment of Government contributions--
                        (A) with respect to the health benefits of retired
                    employees, as authorized by chapter 89 of title 5,
                    United States Code, and the Retired Federal Employees
                    Health Benefits Act (74 Stat. 849); and
                        (B) with respect to the life insurance benefits for
                    employees retiring after December 31, 1989 (5 U.S.C. ch.
                    87).
                (4) Payment to finance the unfunded liability of new and
            increased annuity benefits under the Civil Service Retirement
            and Disability Fund (5 U.S.C. 8348).
                (5) Payment of annuities authorized to be paid from the
            Civil Service Retirement and Disability Fund by statutory
            provisions other than subchapter III of chapter 83 or chapter 84
            of title 5, United States Code.

    [[Page 136 STAT. 290]]

        (b) Nothing in this section may be construed to exempt any amount
    appropriated by this section from any otherwise applicable limitation on
    the use of funds contained in this Act.
        Sec. 619.  <<NOTE: Reports. Compliance.>>  None of the funds made
    available in this Act may be used by the Federal Trade Commission to
    complete the draft report entitled ``Interagency Working Group on Food
    Marketed to Children: Preliminary Proposed Nutrition Principles to Guide
    Industry Self-Regulatory Efforts'' unless the Interagency Working Group
    on Food Marketed to Children complies with Executive Order No. 13563.

        Sec. 620. (a) The head of each executive branch agency funded by
    this Act shall ensure that the Chief Information Officer of the agency
    has the authority to participate in decisions regarding the budget
    planning process related to information technology.
        (b) <<NOTE: Allocation. Consultation.>>  Amounts appropriated for
    any executive branch agency funded by this Act that are available for
    information technology shall be allocated within the agency, consistent
    with the provisions of appropriations Acts and budget guidelines and
    recommendations from the Director of the Office of Management and
    Budget, in such manner as specified by, or approved by, the Chief
    Information Officer of the agency in consultation with the Chief
    Financial Officer of the agency and budget officials.

        Sec. 621.  None of the funds made available in this Act may be used
    in contravention of chapter 29, 31, or 33 of title 44, United States
    Code.
        Sec. 622.  None of the funds made available in this Act may be used
    by a governmental entity to require the disclosure by a provider of
    electronic communication service to the public or remote computing
    service of the contents of a wire or electronic communication that is in
    electronic storage with the provider (as such terms are defined in
    sections 2510 and 2711 of title 18, United States Code) in a manner that
    violates the Fourth Amendment to the Constitution of the United States.
        Sec. 623.  None of the funds appropriated by this Act may be used by
    the Federal Communications Commission to modify, amend, or change the
    rules or regulations of the Commission for universal service high-cost
    support for competitive eligible telecommunications carriers in a way
    that is inconsistent with paragraph (e)(5) or (e)(6) of section 54.307
    of title 47, Code of Federal Regulations, as in effect on July 15, 2015:
     Provided, That this section shall not prohibit the Commission from
    considering, developing, or adopting other support mechanisms as an
    alternative to Mobility Fund Phase II:  Provided further, That any such
    alternative mechanism shall maintain existing high-cost support to
    competitive eligible telecommunications carriers until support under
    such mechanism commences.
        Sec. 624.  <<NOTE: Records.>>  No funds provided in this Act shall
    be used to deny an Inspector General funded under this Act timely access
    to any records, documents, or other materials available to the
    department or agency over which that Inspector General has
    responsibilities under the Inspector General Act of 1978, or to prevent
    or impede that Inspector General's access to such records, documents, or
    other materials, under any provision of law, except a provision of law
    that expressly refers to the Inspector General and expressly limits the
    Inspector General's right of access. A department or agency covered by
    this section shall provide its Inspector General with access to all such
    records, documents, and

    [[Page 136 STAT. 291]]

    other materials in a timely manner. <<NOTE: Compliance.>>  Each
    Inspector General shall ensure compliance with statutory limitations on
    disclosure relevant to the information provided by the establishment
    over which that Inspector General has responsibilities under the
    Inspector General Act of 1978. <<NOTE: Reports.>>  Each Inspector
    General covered by this section shall report to the Committees on
    Appropriations of the House of Representatives and the Senate within 5
    calendar days any failures to comply with this requirement.

        Sec. 625. <<NOTE: Pornography.>>  (a) None of the funds made
    available in this Act may be used to maintain or establish a computer
    network unless such network blocks the viewing, downloading, and
    exchanging of pornography.

        (b) Nothing in subsection (a) shall limit the use of funds necessary
    for any Federal, State, tribal, or local law enforcement agency or any
    other entity carrying out criminal investigations, prosecution,
    adjudication activities, or other law enforcement- or victim assistance-
    related activity.
        Sec. 626.  <<NOTE: Contracts. Determination.>>  None of the funds
    appropriated or other-wise made available by this Act may be used to pay
    award or incentive fees for contractors whose performance has been
    judged to be below satisfactory, behind schedule, over budget, or has
    failed to meet the basic requirements of a contract, unless the Agency
    determines that any such deviations are due to unforeseeable events,
    government-driven scope changes, or are not significant within the
    overall scope of the project and/or program and unless such awards or
    incentive fees are consistent with 16.401(e)(2) of the Federal
    Acquisition Regulation.

        Sec.
    627. <<NOTE: Conference attendees. Determinations. Notifications.>>  (a)
    None of the funds made available under this Act may be used to pay for
    travel and conference activities that result in a total cost to an
    Executive branch department, agency, board or commission funded by this
    Act of more than $500,000 at any single conference unless the agency or
    entity determines that such attendance is in the national interest and
    advance notice is transmitted to the Committees on Appropriations of the
    House of Representatives and the Senate that includes the basis of that
    determination.

        (b) None of the funds made available under this Act may be used to
    pay for the travel to or attendance of more than 50 employees, who are
    stationed in the United States, at any single conference occurring
    outside the United States unless the agency or entity determines that
    such attendance is in the national interest and advance notice is
    transmitted to the Committees on Appropriations of the House of
    Representatives and the Senate that includes the basis of that
    determination.
        Sec. 628.  None of the funds made available by this Act may be used
    for first-class or business-class travel by the employees of executive
    branch agencies funded by this Act in contravention of sections 301-
    10.122 through 301-10.125 of title 41, Code of Federal Regulations.
        Sec. 629.  In addition to any amounts appropriated or otherwise made
    available for expenses related to enhancements to www.oversight.gov,
    $850,000, to remain available until expended, shall be provided for an
    additional amount for such purpose to the Inspectors General Council
    Fund established pursuant to section 11(c)(3)(B) of the Inspector
    General Act of 1978 (5 U.S.C. App.):  Provided, That these amounts shall
    be in addition to any amounts or any authority available to the Council
    of the Inspectors General

    [[Page 136 STAT. 292]]

    on Integrity and Efficiency under section 11 of the Inspector General
    Act of 1978 (5 U.S.C. App.).
        Sec. 630.  <<NOTE: Notification.>>  None of the funds made available
    by this Act may be obligated on contracts in excess of $5,000 for public
    relations, as that term is defined in Office and Management and Budget
    Circular A-87 (revised May 10, 2004), unless advance notice of such an
    obligation is transmitted to the Committees on Appropriations of the
    House of Representatives and the Senate.

        Sec. 631.  <<NOTE: Requirement.>>  Federal agencies funded under
    this Act shall clearly state within the text, audio, or video used for
    advertising or educational purposes, including emails or Internet
    postings, that the communication is printed, published, or produced and
    disseminated at U.S. taxpayer expense. The funds used by a Federal
    agency to carry out this requirement shall be derived from amounts made
    available to the agency for advertising or other communications
    regarding the programs and activities of the agency.

        Sec. 632.  <<NOTE: Requirement.>>  When issuing statements, press
    releases, requests for proposals, bid solicitations and other documents
    describing projects or programs funded in whole or in part with Federal
    money, all grantees receiving Federal funds included in this Act, shall
    clearly state--
                (1) the percentage of the total costs of the program or
            project which will be financed with Federal money;
                (2) the dollar amount of Federal funds for the project or
            program; and
                (3) percentage and dollar amount of the total costs of the
            project or program that will be financed by non-governmental
            sources.

        Sec. 633.  None of the funds made available by this Act shall be
    used by the Securities and Exchange Commission to finalize, issue, or
    implement any rule, regulation, or order regarding the disclosure of
    political contributions, contributions to tax exempt organizations, or
    dues paid to trade associations.
        Sec. 634.  <<NOTE: Reports.>>  Not later than 45 days after the last
    day of each quarter, each agency funded in this Act shall submit to the
    Committees on Appropriations of the Senate and the House of
    Representatives a quarterly budget report that includes total
    obligations of the Agency for that quarter for each appropriation, by
    the source year of the appropriation.

        Sec. 635.  Of the unobligated balances available in the Department
    of the Treasury, Treasury Forfeiture Fund, established by section 9703
    of title 31, United States Code, $175,000,000 shall be permanently
    rescinded not later than September 30, 2022.
        Sec. 636. <<NOTE: Alabama.>>  (a) Designation.--The Federal building
    and courthouse located at 2005 University Boulevard in Tuscaloosa,
    Alabama, shall be known and designated as the ``Richard Shelby Federal
    Building and Courthouse''.

        (b) References.--Any reference in a law, map, regulation, document,
    paper, or other record of the United States to the Federal building and
    courthouse referred to in subsection (a) shall be deemed to be a
    reference to the ``Richard Shelby Federal Building and Courthouse''.

    [[Page 136 STAT. 293]]

                                    TITLE VII

                       GENERAL PROVISIONS--GOVERNMENT-WIDE

                     Departments, Agencies, and Corporations

                          (including transfer of funds)

        Sec. 701.  <<NOTE: Drug-free workplace.>>  No department, agency, or
    instrumentality of the United States receiving appropriated funds under
    this or any other Act for fiscal year 2022 shall obligate or expend any
    such funds, unless such department, agency, or instrumentality has in
    place, and will continue to administer in good faith, a written policy
    designed to ensure that all of its workplaces are free from the illegal
    use, possession, or distribution of controlled substances (as defined in
    the Controlled Substances Act (21 U.S.C. 802)) by the officers and
    employees of such department, agency, or instrumentality.

        Sec. 702.  <<NOTE: 31 USC 1343 note.>>  Unless otherwise
    specifically provided, the maximum amount allowable during the current
    fiscal year in accordance with subsection 1343(c) of title 31, United
    States Code, for the purchase of any passenger motor vehicle (exclusive
    of buses, ambulances, law enforcement vehicles, protective vehicles, and
    undercover surveillance vehicles), is hereby fixed at $19,947 except
    station wagons for which the maximum shall be $19,997:  Provided, That
    these limits may be exceeded by not to exceed $7,250 for police-type
    vehicles:  Provided further, That the limits set forth in this section
    may not be exceeded by more than 5 percent for electric or hybrid
    vehicles purchased for demonstration under the provisions of the
    Electric and Hybrid Vehicle Research, Development, and Demonstration Act
    of 1976:  Provided further, That the limits set forth in this section
    may be exceeded by the incremental cost of clean alternative fuels
    vehicles acquired pursuant to Public Law 101-549 over the cost of
    comparable conventionally fueled vehicles:  Provided further, That the
    limits set forth in this section shall not apply to any vehicle that is
    a commercial item and which operates on alternative fuel, including but
    not limited to electric, plug-in hybrid electric, and hydrogen fuel cell
    vehicles.

        Sec. 703.  Appropriations of the executive departments and
    independent establishments for the current fiscal year available for
    expenses of travel, or for the expenses of the activity concerned, are
    hereby made available for quarters allowances and cost-of-living
    allowances, in accordance with 5 U.S.C. 5922-5924.
        Sec. 704.  <<NOTE: 5 USC 3101 note.>>  Unless otherwise specified in
    law during the current fiscal year, no part of any appropriation
    contained in this or any other Act shall be used to pay the compensation
    of any officer or employee of the Government of the United States
    (including any agency the majority of the stock of which is owned by the
    Government of the United States) whose post of duty is in the
    continental United States unless such person: (1) is a citizen of the
    United States; (2) is a person who is lawfully admitted for permanent
    residence and is seeking citizenship as outlined in 8 U.S.C.
    1324b(a)(3)(B); (3) is a person who is admitted as a refugee under 8
    U.S.C. 1157 or is granted asylum under 8 U.S.C. 1158 and has filed a
    declaration of intention to become a lawful permanent resident and then
    a citizen when eligible; or (4) is a person

    [[Page 136 STAT. 294]]

    who owes allegiance to the United States:
    Provided, <<NOTE: Affidavits.>>  That for purposes of this section,
    affidavits signed by any such person shall be considered prima facie
    evidence that the requirements of this section with respect to his or
    her status are being complied with:  Provided
    further, <<NOTE: Affidavits.>>  That for purposes of subsections (2) and
    (3) such affidavits shall be submitted prior to employment and updated
    thereafter as necessary:  Provided further, <<NOTE: Penalties.>>  That
    any person making a false affidavit shall be guilty of a felony, and
    upon conviction, shall be fined no more than $4,000 or imprisoned for
    not more than 1 year, or both:  Provided further, That the above penal
    clause shall be in addition to, and not in substitution for, any other
    provisions of existing law:  Provided further, That any payment made to
    any officer or employee contrary to the provisions of this section shall
    be recoverable in action by the Federal Government:  Provided
    further, <<NOTE: Time period.>>  That this section shall not apply to
    any person who is an officer or employee of the Government of the United
    States on the date of enactment of this Act, or to international
    broadcasters employed by the Broadcasting Board of Governors, or to
    temporary employment of translators, or to temporary employment in the
    field service (not to exceed 60 days) as a result of emergencies:
    Provided further, <<NOTE: Time period.>>  That this section does not
    apply to the employment as Wildland firefighters for not more than 120
    days of nonresident aliens employed by the Department of the Interior or
    the USDA Forest Service pursuant to an agreement with another country.

        Sec. 705.  Appropriations available to any department or agency
    during the current fiscal year for necessary expenses, including
    maintenance or operating expenses, shall also be available for payment
    to the General Services Administration for charges for space and
    services and those expenses of renovation and alteration of buildings
    and facilities which constitute public improvements performed in
    accordance with the Public Buildings Act of 1959 (73 Stat. 479), the
    Public Buildings Amendments of 1972 (86 Stat. 216), or other applicable
    law.
        Sec. 706.  In addition to funds provided in this or any other Act,
    all Federal agencies are authorized to receive and use funds resulting
    from the sale of materials, including Federal records disposed of
    pursuant to a records schedule recovered through recycling or waste
    prevention programs. Such funds shall be available until expended for
    the following purposes:
                (1) Acquisition, waste reduction and prevention, and
            recycling programs as described in Executive Order No. 13834
            (May 17, 2018), including any such programs adopted prior to the
            effective date of the Executive order.
                (2) Other Federal agency environmental management programs,
            including, but not limited to, the development and
            implementation of hazardous waste management and pollution
            prevention programs.
                (3) Other employee programs as authorized by law or as
            deemed appropriate by the head of the Federal agency.

        Sec. 707.  <<NOTE: Applicability.>>  Funds made available by this or
    any other Act for administrative expenses in the current fiscal year of
    the corporations and agencies subject to chapter 91 of title 31, United
    States Code, shall be available, in addition to objects for which such
    funds are otherwise available, for rent in the District of Columbia;
    services in accordance with 5 U.S.C. 3109; and the objects specified
    under this head, all the provisions of which shall be applicable

    [[Page 136 STAT. 295]]

    to the expenditure of such funds unless otherwise specified in the Act
    by which they are made available:  Provided, That in the event any
    functions budgeted as administrative expenses are subsequently
    transferred to or paid from other funds, the limitations on
    administrative expenses shall be correspondingly reduced.

        Sec. 708.  No part of any appropriation contained in this or any
    other Act shall be available for interagency financing of boards (except
    Federal Executive Boards), commissions, councils, committees, or similar
    groups (whether or not they are interagency entities) which do not have
    a prior and specific statutory approval to receive financial support
    from more than one agency or instrumentality.
        Sec. 709.  None of the funds made available pursuant to the
    provisions of this or any other Act shall be used to implement,
    administer, or enforce any regulation which has been disapproved
    pursuant to a joint resolution duly adopted in accordance with the
    applicable law of the United States.
        Sec. 710.  <<NOTE: Notification.>>  During the period in which the
    head of any department or agency, or any other officer or civilian
    employee of the Federal Government appointed by the President of the
    United States, holds office, no funds may be obligated or expended in
    excess of $5,000 to furnish or redecorate the office of such department
    head, agency head, officer, or employee, or to purchase furniture or
    make improvements for any such office, unless advance notice of such
    furnishing or redecoration is transmitted to the Committees on
    Appropriations of the House of Representatives and the
    Senate. <<NOTE: Definition.>>  For the purposes of this section, the
    term ``office'' shall include the entire suite of offices assigned to
    the individual, as well as any other space used primarily by the
    individual or the use of which is directly controlled by the individual.

        Sec. 711.  Notwithstanding 31 U.S.C. 1346, or section 708 of this
    Act, funds made available for the current fiscal year by this or any
    other Act shall be available for the interagency funding of national
    security and emergency preparedness telecommunications initiatives which
    benefit multiple Federal departments, agencies, or entities, as provided
    by Executive Order No. 13618 (July 6, 2012).
        Sec. 712. <<NOTE: Certification.>>  (a) None of the funds made
    available by this or any other Act may be obligated or expended by any
    department, agency, or other instrumentality of the Federal Government
    to pay the salaries or expenses of any individual appointed to a
    position of a confidential or policy-determining character that is
    excepted from the competitive service under section 3302 of title 5,
    United States Code, (pursuant to schedule C of subpart C of part 213 of
    title 5 of the Code of Federal Regulations) unless the head of the
    applicable department, agency, or other instrumentality employing such
    schedule C individual certifies to the Director of the Office of
    Personnel Management that the schedule C position occupied by the
    individual was not created solely or primarily in order to detail the
    individual to the White House.

        (b) The provisions of this section shall not apply to Federal
    employees or members of the armed forces detailed to or from an element
    of the intelligence community (as that term is defined under section
    3(4) of the National Security Act of 1947 (50 U.S.C. 3003(4))).
        Sec. 713.  No part of any appropriation contained in this or any
    other Act shall be available for the payment of the salary of any
    officer or employee of the Federal Government, who--

    [[Page 136 STAT. 296]]

                (1) prohibits or prevents, or attempts or threatens to
            prohibit or prevent, any other officer or employee of the
            Federal Government from having any direct oral or written
            communication or contact with any Member, committee, or
            subcommittee of the Congress in connection with any matter
            pertaining to the employment of such other officer or employee
            or pertaining to the department or agency of such other officer
            or employee in any way, irrespective of whether such
            communication or contact is at the initiative of such other
            officer or employee or in response to the request or inquiry of
            such Member, committee, or subcommittee; or
                (2) removes, suspends from duty without pay, demotes,
            reduces in rank, seniority, status, pay, or performance or
            efficiency rating, denies promotion to, relocates, reassigns,
            transfers, disciplines, or discriminates in regard to any
            employment right, entitlement, or benefit, or any term or
            condition of employment of, any other officer or employee of the
            Federal Government, or attempts or threatens to commit any of
            the foregoing actions with respect to such other officer or
            employee, by reason of any communication or contact of such
            other officer or employee with any Member, committee, or
            subcommittee of the Congress as described in paragraph (1).

        Sec. 714. (a) None of the funds made available in this or any other
    Act may be obligated or expended for any employee training that--
                (1) does not meet identified needs for knowledge, skills,
            and abilities bearing directly upon the performance of official
            duties;
                (2) contains elements likely to induce high levels of
            emotional response or psychological stress in some participants;
                (3) does not require prior employee notification of the
            content and methods to be used in the training and written end
            of course evaluation;
                (4) contains any methods or content associated with
            religious or quasi-religious belief systems or ``new age''
            belief systems as defined in Equal Employment Opportunity
            Commission Notice N-915.022, dated September 2, 1988; or
                (5) is offensive to, or designed to change, participants'
            personal values or lifestyle outside the workplace.

        (b) Nothing in this section shall prohibit, restrict, or otherwise
    preclude an agency from conducting training bearing directly upon the
    performance of official duties.
        Sec. 715.  <<NOTE: Propaganda. Lobbying.>>  No part of any funds
    appropriated in this or any other Act shall be used by an agency of the
    executive branch, other than for normal and recognized executive-
    legislative relationships, for publicity or propaganda purposes, and for
    the preparation, distribution or use of any kit, pamphlet, booklet,
    publication, radio, television, or film presentation designed to support
    or defeat legislation pending before the Congress, except in
    presentation to the Congress itself.

        Sec. 716.  None of the funds appropriated by this or any other Act
    may be used by an agency to provide a Federal employee's home address to
    any labor organization except when the employee has authorized such
    disclosure or when such disclosure has been ordered by a court of
    competent jurisdiction.
        Sec. 717.  <<NOTE: Approval requirement.>>  None of the funds made
    available in this or any other Act may be used to provide any non-public
    information such

    [[Page 136 STAT. 297]]

    as mailing, telephone, or electronic mailing lists to any person or any
    organization outside of the Federal Government without the approval of
    the Committees on Appropriations of the House of Representatives and the
    Senate.

        Sec. 718.  <<NOTE: Propaganda.>>  No part of any appropriation
    contained in this or any other Act shall be used directly or indirectly,
    including by private contractor, for publicity or propaganda purposes
    within the United States not heretofore authorized by Congress.

        Sec. 719. <<NOTE: Definitions.>>  (a) In this section, the term
    ``agency''--
                (1) means an Executive agency, as defined under 5 U.S.C.
            105; and
                (2) includes a military department, as defined under section
            102 of such title, the United States Postal Service, and the
            Postal Regulatory Commission.

        (b) Unless authorized in accordance with law or regulations to use
    such time for other purposes, an employee of an agency shall use
    official time in an honest effort to perform official duties. An
    employee not under a leave system, including a Presidential appointee
    exempted under 5 U.S.C. 6301(2), has an obligation to expend an honest
    effort and a reasonable proportion of such employee's time in the
    performance of official duties.
        Sec. 720.  Notwithstanding 31 U.S.C. 1346 and section 708 of this
    Act, funds made available for the current fiscal year by this or any
    other Act to any department or agency, which is a member of the Federal
    Accounting Standards Advisory Board (FASAB), shall be available to
    finance an appropriate share of FASAB administrative costs.
        Sec. 721.  <<NOTE: Reimbursement. Approval.>>  Notwithstanding 31
    U.S.C. 1346 and section 708 of this Act, the head of each Executive
    department and agency is hereby authorized to transfer to or reimburse
    ``General Services Administration, Government-wide Policy'' with the
    approval of the Director of the Office of Management and Budget, funds
    made available for the current fiscal year by this or any other Act,
    including rebates from charge card and other contracts:  Provided,
    That <<NOTE: Consultation.>>  these funds shall be administered by the
    Administrator of General Services to support Government-wide and other
    multi-agency financial, information technology, procurement, and other
    management innovations, initiatives, and activities, including improving
    coordination and reducing duplication, as approved by the Director of
    the Office of Management and Budget, in consultation with the
    appropriate interagency and multi-agency groups designated by the
    Director (including the President's Management Council for overall
    management improvement initiatives, the Chief Financial Officers Council
    for financial management initiatives, the Chief Information Officers
    Council for information technology initiatives, the Chief Human Capital
    Officers Council for human capital initiatives, the Chief Acquisition
    Officers Council for procurement initiatives, and the Performance
    Improvement Council for performance improvement initiatives):  Provided
    further, That the total funds transferred or reimbursed shall not exceed
    $15,000,000 to improve coordination, reduce duplication, and for other
    activities related to Federal Government Priority Goals established by
    31 U.S.C. 1120, and not to exceed $17,000,000 for Government-wide
    innovations, initiatives, and activities:  Provided further, That the
    funds transferred to or for reimbursement of ``General Services
    Administration, Government-wide Policy'' during fiscal year 2022 shall
    remain available for obligation through September 30, 2023:

    [[Page 136 STAT. 298]]

     Provided further, <<NOTE: Time period. Notification.>>  That such
    transfers or reimbursements may only be made after 15 days following
    notification of the Committees on Appropriations of the House of
    Representatives and the Senate by the Director of the Office of
    Management and Budget.

        Sec. 722.  <<NOTE: Breastfeeding.>>  Notwithstanding any other
    provision of law, a woman may breastfeed her child at any location in a
    Federal building or on Federal property, if the woman and her child are
    otherwise authorized to be present at the location.

        Sec. 723.  Notwithstanding 31 U.S.C. 1346 , or section 708 of this
    Act, funds made available for the current fiscal year by this or any
    other Act shall be available for the interagency funding of specific
    projects, workshops, studies, and similar efforts to carry out the
    purposes of the National Science and Technology Council (authorized by
    Executive Order No. 12881), which benefit multiple Federal departments,
    agencies, or entities:  Provided, <<NOTE: Reports.>>  That the Office of
    Management and Budget shall provide a report describing the budget of
    and resources connected with the National Science and Technology Council
    to the Committees on Appropriations, the House Committee on Science,
    Space, and Technology, and the Senate Committee on Commerce, Science,
    and Transportation 90 days after enactment of this Act.

        Sec. 724.  <<NOTE: Compliance.>>  Any request for proposals,
    solicitation, grant application, form, notification, press release, or
    other publications involving the distribution of Federal funds shall
    comply with any relevant requirements in part 200 of title 2, Code of
    Federal Regulations:  Provided, <<NOTE: Applicability.>>  That this
    section shall apply to direct payments, formula funds, and grants
    received by a State receiving Federal funds.

        Sec. 725. (a) Prohibition of Federal Agency Monitoring of
    Individuals' Internet Use.--None of the funds made available in this or
    any other Act may be used by any Federal agency--
                (1) <<NOTE: Data.>>  to collect, review, or create any
            aggregation of data, derived from any means, that includes any
            personally identifiable information relating to an individual's
            access to or use of any Federal Government Internet site of the
            agency; or
                (2) <<NOTE: Contracts.>>  to enter into any agreement with a
            third party (including another government agency) to collect,
            review, or obtain any aggregation of data, derived from any
            means, that includes any personally identifiable information
            relating to an individual's access to or use of any
            nongovernmental Internet site.

        (b) Exceptions.--The limitations established in subsection (a) shall
    not apply to--
                (1) any record of aggregate data that does not identify
            particular persons;
                (2) any voluntary submission of personally identifiable
            information;
                (3) any action taken for law enforcement, regulatory, or
            supervisory purposes, in accordance with applicable law; or
                (4) any action described in subsection (a)(1) that is a
            system security action taken by the operator of an Internet site
            and is necessarily incident to providing the Internet site
            services or to protecting the rights or property of the provider
            of the Internet site.

        (c) Definitions.--For the purposes of this section:
                (1) The term ``regulatory'' means agency actions to
            implement, interpret or enforce authorities provided in law.

    [[Page 136 STAT. 299]]

                (2) The term ``supervisory'' means examinations of the
            agency's supervised institutions, including assessing safety and
            soundness, overall financial condition, management practices and
            policies and compliance with applicable standards as provided in
            law.

        Sec. 726. <<NOTE: Contracts. Drugs and drug
    abuse. Contraceptives.>>  (a) None of the funds appropriated by this Act
    may be used to enter into or renew a contract which includes a provision
    providing prescription drug coverage, except where the contract also
    includes a provision for contraceptive coverage.

        (b) <<NOTE: Religion.>>  Nothing in this section shall apply to a
    contract with--
                (1) any of the following religious plans:
                        (A) Personal Care's HMO; and
                        (B) OSF HealthPlans, Inc.; and
                (2) any existing or future plan, if the carrier for the plan
            objects to such coverage on the basis of religious beliefs.

        (c) <<NOTE: Discrimination.>>  In implementing this section, any
    plan that enters into or renews a contract under this section may not
    subject any individual to discrimination on the basis that the
    individual refuses to prescribe or otherwise provide for contraceptives
    because such activities would be contrary to the individual's religious
    beliefs or moral convictions.

        (d) <<NOTE: Abortion.>>  Nothing in this section shall be construed
    to require coverage of abortion or abortion-related services.

        Sec. 727.  <<NOTE: Anti-doping.>>  The United States is committed to
    ensuring the health of its Olympic, Pan American, and Paralympic
    athletes, and supports the strict adherence to anti-doping in sport
    through testing, adjudication, education, and research as performed by
    nationally recognized oversight authorities.

        Sec. 728.  Notwithstanding any other provision of law, funds
    appropriated for official travel to Federal departments and agencies may
    be used by such departments and agencies, if consistent with Office of
    Management and Budget Circular A-126 regarding official travel for
    Government personnel, to participate in the fractional aircraft
    ownership pilot program.
        Sec. 729.  Notwithstanding any other provision of law, none of the
    funds appropriated or made available under this or any other
    appropriations Act may be used to implement or enforce restrictions or
    limitations on the Coast Guard Congressional Fellowship Program, or to
    implement the proposed regulations of the Office of Personnel Management
    to add sections 300.311 through 300.316 to part 300 of title 5 of the
    Code of Federal Regulations, published in the Federal Register, volume
    68, number 174, on September 9, 2003 (relating to the detail of
    executive branch employees to the legislative branch).
        Sec. 730.  <<NOTE: Contracts. Advance approval.>>  Notwithstanding
    any other provision of law, no executive branch agency shall purchase,
    construct, or lease any additional facilities, except within or
    contiguous to existing locations, to be used for the purpose of
    conducting Federal law enforcement training without the advance approval
    of the Committees on Appropriations of the House of Representatives and
    the Senate, except that the Federal Law Enforcement Training Centers is
    authorized to obtain the temporary use of additional facilities by
    lease, contract, or other agreement for training which cannot be
    accommodated in existing Centers facilities.

        Sec. 731.  <<NOTE: News stories.>>  Unless otherwise authorized by
    existing law, none of the funds provided in this or any other Act may be
    used by an executive branch agency to produce any prepackaged news story

    [[Page 136 STAT. 300]]

    intended for broadcast or distribution in the United States, unless the
    story includes a clear notification within the text or audio of the
    prepackaged news story that the prepackaged news story was prepared or
    funded by that executive branch agency.

        Sec. 732.  None of the funds made available in this Act may be used
    in contravention of section 552a of title 5, United States Code
    (popularly known as the Privacy Act), and regulations implementing that
    section.
        Sec. 733. <<NOTE: Contracts.>>  (a) In General.--None of the funds
    appropriated or otherwise made available by this or any other Act may be
    used for any Federal Government contract with any foreign incorporated
    entity which is treated as an inverted domestic corporation under
    section 835(b) of the Homeland Security Act of 2002 (6 U.S.C. 395(b)) or
    any subsidiary of such an entity.

        (b) Waivers.--
                (1) In general. <<NOTE: Determination.>> --Any Secretary
            shall waive subsection (a) with respect to any Federal
            Government contract under the authority of such Secretary if the
            Secretary determines that the waiver is required in the interest
            of national security.
                (2) Report to congress.--Any Secretary issuing a waiver
            under paragraph (1) shall report such issuance to Congress.

        (c) Exception.--This section shall not apply to any Federal
    Government contract entered into before the date of the enactment of
    this Act, or to any task order issued pursuant to such contract.
        Sec. 734.  During fiscal year 2022, for each employee who--
                (1) retires under section 8336(d)(2) or 8414(b)(1)(B) of
            title 5, United States Code; or
                (2) retires under any other provision of subchapter III of
            chapter 83 or chapter 84 of such title 5 and receives a payment
            as an incentive to separate, the separating agency shall remit
            to the Civil Service Retirement and Disability Fund an amount
            equal to the Office of Personnel Management's average unit cost
            of processing a retirement claim for the preceding fiscal year.
            Such amounts shall be available until expended to the Office of
            Personnel Management and shall be deemed to be an administrative
            expense under section 8348(a)(1)(B) of title 5, United States
            Code.

        Sec. 735. <<NOTE: Contracts.>>  (a) None of the funds made available
    in this or any other Act may be used to recommend or require any entity
    submitting an offer for a Federal contract to disclose any of the
    following information as a condition of submitting the offer:
                (1) Any payment consisting of a contribution, expenditure,
            independent expenditure, or disbursement for an electioneering
            communication that is made by the entity, its officers or
            directors, or any of its affiliates or subsidiaries to a
            candidate for election for Federal office or to a political
            committee, or that is otherwise made with respect to any
            election for Federal office.
                (2) Any disbursement of funds (other than a payment
            described in paragraph (1)) made by the entity, its officers or
            directors, or any of its affiliates or subsidiaries to any
            person with the intent or the reasonable expectation that the
            person will use the funds to make a payment described in
            paragraph (1).

        (b) <<NOTE: Definitions.>>  In this section, each of the terms
    ``contribution'', ``expenditure'', ``independent expenditure'',
    ``electioneering communication'', ``candidate'', ``election'', and
    ``Federal office'' has the meaning given

    [[Page 136 STAT. 301]]

    such term in the Federal Election Campaign Act of 1971 (52 U.S.C. 30101
    et seq.).

        Sec. 736.  None of the funds made available in this or any other Act
    may be used to pay for the painting of a portrait of an officer or
    employee of the Federal Government, including the President, the Vice
    President, a member of Congress (including a Delegate or a Resident
    Commissioner to Congress), the head of an executive branch agency (as
    defined in section 133 of title 41, United States Code), or the head of
    an office of the legislative branch.
        Sec. 737. <<NOTE: Time periods. 5 USC 5343 note.>>  (a)(1)
    Notwithstanding any other provision of law, and except as otherwise
    provided in this section, no part of any of the funds appropriated for
    fiscal year 2022, by this or any other Act, may be used to pay any
    prevailing rate employee described in section 5342(a)(2)(A) of title 5,
    United States Code--
                (A) during the period from the date of expiration of the
            limitation imposed by the comparable section for the previous
            fiscal years until the normal effective date of the applicable
            wage survey adjustment that is to take effect in fiscal year
            2022, in an amount that exceeds the rate payable for the
            applicable grade and step of the applicable wage schedule in
            accordance with such section; and
                (B) during the period consisting of the remainder of fiscal
            year 2022, in an amount that exceeds, as a result of a wage
            survey adjustment, the rate payable under subparagraph (A) by
            more than the sum of--
                        (i) the percentage adjustment taking effect in
                    fiscal year 2022 under section 5303 of title 5, United
                    States Code, in the rates of pay under the General
                    Schedule; and
                        (ii) the difference between the overall average
                    percentage of the locality-based comparability payments
                    taking effect in fiscal year 2022 under section 5304 of
                    such title (whether by adjustment or otherwise), and the
                    overall average percentage of such payments which was
                    effective in the previous fiscal year under such
                    section.

        (2) Notwithstanding any other provision of law, no prevailing rate
    employee described in subparagraph (B) or (C) of section 5342(a)(2) of
    title 5, United States Code, and no employee covered by section 5348 of
    such title, may be paid during the periods for which paragraph (1) is in
    effect at a rate that exceeds the rates that would be payable under
    paragraph (1) were paragraph (1) applicable to such employee.
        (3) <<NOTE: Determination. Regulations.>>  For the purposes of this
    subsection, the rates payable to an employee who is covered by this
    subsection and who is paid from a schedule not in existence on September
    30, 2021, shall be determined under regulations prescribed by the Office
    of Personnel Management.

        (4) <<NOTE: Determination.>>  Notwithstanding any other provision of
    law, rates of premium pay for employees subject to this subsection may
    not be changed from the rates in effect on September 30, 2021, except to
    the extent determined by the Office of Personnel Management to be
    consistent with the purpose of this subsection.

        (5) <<NOTE: Applicability.>>  This subsection shall apply with
    respect to pay for service performed after September 30, 2021.

    [[Page 136 STAT. 302]]

        (6) For the purpose of administering any provision of law (including
    any rule or regulation that provides premium pay, retirement, life
    insurance, or any other employee benefit) that requires any deduction or
    contribution, or that imposes any requirement or limitation on the basis
    of a rate of salary or basic pay, the rate of salary or basic pay
    payable after the application of this subsection shall be treated as the
    rate of salary or basic pay.

        (7) Nothing in this subsection shall be considered to permit or
    require the payment to any employee covered by this subsection at a rate
    in excess of the rate that would be payable were this subsection not in
    effect.
        (8) <<NOTE: Determination.>>  The Office of Personnel Management may
    provide for exceptions to the limitations imposed by this subsection if
    the Office determines that such exceptions are necessary to ensure the
    recruitment or retention of qualified employees.

        (b) <<NOTE: Locality pay.>>  Notwithstanding subsection (a), the
    adjustment in rates of basic pay for the statutory pay systems that take
    place in fiscal year 2022 under sections 5344 and 5348 of title 5,
    United States Code, shall be--
                (1) not less than the percentage received by employees in
            the same location whose rates of basic pay are adjusted pursuant
            to the statutory pay systems under sections 5303 and 5304 of
            title 5, United States Code:  Provided, That prevailing rate
            employees at locations where there are no employees whose pay is
            increased pursuant to sections 5303 and 5304 of title 5, United
            States Code, and prevailing rate employees described in section
            5343(a)(5) of title 5, United States Code, shall be considered
            to be located in the pay locality designated as ``Rest of United
            States'' pursuant to section 5304 of title 5, United States
            Code, for purposes of this subsection; and
                (2) <<NOTE: Effective date.>>  effective as of the first day
            of the first applicable pay period beginning after September 30,
            2021.

        Sec. 738. <<NOTE: Reports. Contracts.>>  (a) The head of any
    Executive branch department, agency, board, commission, or office funded
    by this or any other appropriations Act shall submit annual reports to
    the Inspector General or senior ethics official for any entity without
    an Inspector General, regarding the costs and contracting procedures
    related to each conference held by any such department, agency, board,
    commission, or office during fiscal year 2022 for which the cost to the
    United States Government was more than $100,000.

        (b) Each report submitted shall include, for each conference
    described in subsection (a) held during the applicable period--
                (1) a description of its purpose;
                (2) the number of participants attending;
                (3) <<NOTE: Cost statement.>>  a detailed statement of the
            costs to the United States Government, including--
                        (A) the cost of any food or beverages;
                        (B) the cost of any audio-visual services;
                        (C) the cost of employee or contractor travel to and
                    from the conference; and
                        (D) a discussion of the methodology used to
                    determine which costs relate to the conference; and
                (4) a description of the contracting procedures used
            including--
                        (A) whether contracts were awarded on a competitive
                    basis; and

    [[Page 136 STAT. 303]]

                        (B) a discussion of any cost comparison conducted by
                    the departmental component or office in evaluating
                    potential contractors for the conference.

        (c) <<NOTE: Deadline. Time period. Notification.>>  Within 15 days
    after the end of a quarter, the head of any such department, agency,
    board, commission, or office shall notify the Inspector General or
    senior ethics official for any entity without an Inspector General, of
    the date, location, and number of employees attending a conference held
    by any Executive branch department, agency, board, commission, or office
    funded by this or any other appropriations Act during fiscal year 2022
    for which the cost to the United States Government was more than
    $20,000.

        (d) <<NOTE: Grants. Contracts.>>  A grant or contract funded by
    amounts appropriated by this or any other appropriations Act may not be
    used for the purpose of defraying the costs of a conference described in
    subsection (c) that is not directly and programmatically related to the
    purpose for which the grant or contract was awarded, such as a
    conference held in connection with planning, training, assessment,
    review, or other routine purposes related to a project funded by the
    grant or contract.

        (e) None of the funds made available in this or any other
    appropriations Act may be used for travel and conference activities that
    are not in compliance with Office of Management and Budget Memorandum M-
    12-12 dated May 11, 2012 or any subsequent revisions to that memorandum.
        Sec. 739.  None of the funds made available in this or any other
    appropriations Act may be used to increase, eliminate, or reduce funding
    for a program, project, or activity as proposed in the President's
    budget request for a fiscal year until such proposed change is
    subsequently enacted in an appropriation Act, or unless such change is
    made pursuant to the reprogramming or transfer provisions of this or any
    other appropriations Act.
        Sec. 740.  None of the funds made available by this or any other Act
    may be used to implement, administer, enforce, or apply the rule
    entitled ``Competitive Area'' published by the Office of Personnel
    Management in the Federal Register on April 15, 2008 (73 Fed. Reg. 20180
    et seq.).
        Sec. 741.  None of the funds appropriated or otherwise made
    available by this or any other Act may be used to begin or announce a
    study or public-private competition regarding the conversion to
    contractor performance of any function performed by Federal employees
    pursuant to Office of Management and Budget Circular A-76 or any other
    administrative regulation, directive, or policy.
        Sec. 742. <<NOTE: Contracts. Grants. Confidentiality agreements.>>
    (a) None of the funds appropriated or otherwise made available by this
    or any other Act may be available for a contract, grant, or cooperative
    agreement with an entity that requires employees or contractors of such
    entity seeking to report fraud, waste, or abuse to sign internal
    confidentiality agreements or statements prohibiting or otherwise
    restricting such employees or contractors from lawfully reporting such
    waste, fraud, or abuse to a designated investigative or law enforcement
    representative of a Federal department or agency authorized to receive
    such information.

        (b) The limitation in subsection (a) shall not contravene
    requirements applicable to Standard Form 312, Form 4414, or any other
    form issued by a Federal department or agency governing the
    nondisclosure of classified information.

    [[Page 136 STAT. 304]]

        Sec. 743. <<NOTE: Nondisclosure agreements.>>  (a) No funds
    appropriated in this or any other Act may be used to implement or
    enforce the agreements in Standard Forms 312 and 4414 of the Government
    or any other nondisclosure policy, form, or agreement if such policy,
    form, or agreement does not contain the following provisions: ``These
    provisions are consistent with and do not supersede, conflict with, or
    otherwise alter the employee obligations, rights, or liabilities created
    by existing statute or Executive order relating to (1) classified
    information, (2) communications to Congress, (3) the reporting to an
    Inspector General or the Office of Special Counsel of a violation of any
    law, rule, or regulation, or mismanagement, a gross waste of funds, an
    abuse of authority, or a substantial and specific danger to public
    health or safety, or (4) any other whistleblower protection. The
    definitions, requirements, obligations, rights, sanctions, and
    liabilities created by controlling Executive orders and statutory
    provisions are incorporated into this agreement and are controlling.'':
    Provided, That notwithstanding the preceding provision of this section,
    a nondisclosure policy form or agreement that is to be executed by a
    person connected with the conduct of an intelligence or intelligence-
    related activity, other than an employee or officer of the United States
    Government, may contain provisions appropriate to the particular
    activity for which such document is to be used. Such form or agreement
    shall, at a minimum, require that the person will not disclose any
    classified information received in the course of such activity unless
    specifically authorized to do so by the United States Government. Such
    nondisclosure forms shall also make it clear that they do not bar
    disclosures to Congress, or to an authorized official of an executive
    agency or the Department of Justice, that are essential to reporting a
    substantial violation of law.

        (b) A nondisclosure agreement may continue to be implemented and
    enforced notwithstanding subsection (a) if it complies with the
    requirements for such agreement that were in effect when the agreement
    was entered into.
        (c) No funds appropriated in this or any other Act may be used to
    implement or enforce any agreement entered into during fiscal year 2014
    which does not contain substantially similar language to that required
    in subsection (a).
        Sec. 744.
    <<NOTE: Contracts. Memorandums. Grants. Loans. Corporations. Tax
    liability. Determination.>>  None of the funds made available by this or
    any other Act may be used to enter into a contract, memorandum of
    understanding, or cooperative agreement with, make a grant to, or
    provide a loan or loan guarantee to, any corporation that has any unpaid
    Federal tax liability that has been assessed, for which all judicial and
    administrative remedies have been exhausted or have lapsed, and that is
    not being paid in a timely manner pursuant to an agreement with the
    authority responsible for collecting the tax liability, where the
    awarding agency is aware of the unpaid tax liability, unless a Federal
    agency has considered suspension or debarment of the corporation and has
    made a determination that this further action is not necessary to
    protect the interests of the Government.

        Sec. 745.
    None <<NOTE: Contracts. Memorandums. Grants. Loans. Corporations. Crimina
    l violations. Time period. Determination.>>  of the funds made available
    by this or any other Act may be used to enter into a contract,
    memorandum of understanding, or cooperative agreement with, make a grant
    to, or provide a loan or loan guarantee to, any corporation that was
    convicted of a felony criminal violation under any Federal law within
    the preceding 24 months, where the awarding agency

    [[Page 136 STAT. 305]]

    is aware of the conviction, unless a Federal agency has considered
    suspension or debarment of the corporation and has made a determination
    that this further action is not necessary to protect the interests of
    the Government.

        Sec. 746. (a) <<NOTE: Notification.>>  During fiscal year 2022, on
    the date on which a request is made for a transfer of funds in
    accordance with section 1017 of Public Law 111-203, the Bureau of
    Consumer Financial Protection shall notify the Committees on
    Appropriations of the House of Representatives and the Senate, the
    Committee on Financial Services of the House of Representatives, and the
    Committee on Banking, Housing, and Urban Affairs of the Senate of such
    request.

        (b) <<NOTE: Public information. Web posting. Effective date. 5 USC
    5303 note.>>  Any notification required by this section shall be made
    available on the Bureau's public website.

        Sec. 747. (a) Notwithstanding any official rate adjusted under
    section 104 of title 3, United States Code, the rate payable to the Vice
    President during calendar year 2022 shall be the rate payable to the
    Vice President on December 31, 2021, by operation of section 748 of
    division E of Public Law 116-260.
        (b) <<NOTE: Effective date.>>  Notwithstanding any official rate
    adjusted under section 5318 of title 5, United States Code, or any other
    provision of law, the payable rate during calendar year 2022 for an
    employee serving in an Executive Schedule position, or in a position for
    which the rate of pay is fixed by statute at an Executive Schedule rate,
    shall be the rate payable for the applicable Executive Schedule level on
    December 31, 2021, by operation of section 748 of division E of Public
    Law 116-260. Such an employee may not receive a rate increase during
    calendar year 2022, except as provided in subsection (i).

        (c) Notwithstanding section 401 of the Foreign Service Act of 1980
    (Public Law 96-465) or any other provision of law, a chief of mission or
    ambassador at large is subject to subsection (b) in the same manner as
    other employees who are paid at an Executive Schedule rate.
        (d)(1) <<NOTE: Applicability.>>  This subsection applies to--
                (A) a noncareer appointee in the Senior Executive Service
            paid a rate of basic pay at or above the official rate for level
            IV of the Executive Schedule; or
                (B) a limited term appointee or limited emergency appointee
            in the Senior Executive Service serving under a political
            appointment and paid a rate of basic pay at or above the
            official rate for level IV of the Executive Schedule.

        (2) Notwithstanding sections 5382 and 5383 of title 5, United States
    Code, an employee described in paragraph (1) may not receive a pay rate
    increase during calendar year 2022, except as provided in subsection
    (i).
        (e) Notwithstanding any other provision of law, any employee paid a
    rate of basic pay (including any locality- based payments under section
    5304 of title 5, United States Code, or similar authority) at or above
    the official rate for level IV of the Executive Schedule who serves
    under a political appointment may not receive a pay rate increase during
    calendar year 2022, except as provided in subsection (i). This
    subsection does not apply to employees in the General Schedule pay
    system or the Foreign Service pay system, to employees appointed under
    section 3161 of title 5, United States Code, or to employees in another
    pay system whose position would

    [[Page 136 STAT. 306]]

    be classified at GS-15 or below if chapter 51 of title 5, United States
    Code, applied to them.
        (f) Nothing in subsections (b) through (e) shall prevent employees
    who do not serve under a political appointment from receiving pay
    increases as otherwise provided under applicable law.
        (g) This section does not apply to an individual who makes an
    election to retain Senior Executive Service basic pay under section
    3392(c) of title 5, United States Code, for such time as that election
    is in effect.
        (h) This section does not apply to an individual who makes an
    election to retain Senior Foreign Service pay entitlements under section
    302(b) of the Foreign Service Act of 1980 (Public Law 96-465) for such
    time as that election is in effect.
        (i) Notwithstanding subsections (b) through (e), an employee in a
    covered position may receive a pay rate increase upon an authorized
    movement to a different covered position only if that new position has
    higher-level duties and a pre-established level or range of pay higher
    than the level or range for the position held immediately before the
    movement. <<NOTE: Effective date.>>  Any such increase must be based on
    the rates of pay and applicable limitations on payable rates of pay in
    effect on December 31, 2021, by operation of section 748 of division E
    of Public Law 116-260.

        (j) <<NOTE: Effective date.>>  Notwithstanding any other provision
    of law, for an individual who is newly appointed to a covered position
    during the period of time subject to this section, the initial pay rate
    shall be based on the rates of pay and applicable limitations on payable
    rates of pay in effect on December 31, 2021, by operation of section 748
    of division E of Public Law 116-260.

        (k) <<NOTE: Applicability.>>  If an employee affected by this
    section is subject to a biweekly pay period that begins in calendar year
    2022 but ends in calendar year 2023, the bar on the employee's receipt
    of pay rate increases shall apply through the end of that pay period.

        (l) <<NOTE: Definition.>>  For the purpose of this section, the term
    ``covered position'' means a position occupied by an employee whose pay
    is restricted under this section.

        (m) <<NOTE: Effective date.>>  This section takes effect on the
    first day of the first applicable pay period beginning on or after
    January 1, 2022.

        Sec. 748. <<NOTE: Notification. Apportionments.>>  (a) Each
    department or agency of the executive branch of the United States
    Government shall notify the Committees on Appropriations and the Budget
    of the House of Representatives and the Senate and any other appropriate
    congressional committees if--
                (1) an apportionment is not made in the required time period
            provided in section 1513(b) of title 31, United States Code;
                (2) an approved apportionment received by the department or
            agency conditions the availability of an appropriation on
            further action; or
                (3) an approved apportionment received by the department or
            agency may hinder the prudent obligation of such appropriation
            or the execution of a program, project, or activity by such
            department or agency.

        (b) Any notification submitted to a congressional committee pursuant
    to this section shall contain information identifying the bureau,
    account name, appropriation name, and Treasury Appropriation Fund Symbol
    or fund account.

    [[Page 136 STAT. 307]]

        Sec. 749. (a) Any non-Federal entity receiving funds provided in
    this or any other appropriations Act for fiscal year 2022 that are
    specified in the disclosure table submitted in compliance with clause 9
    of rule XXI of the Rules of the House of Representatives or Rule XLIV of
    the Standing Rules of the Senate that is included in the report or
    explanatory statement accompanying any such Act shall be deemed to be a
    recipient of a Federal award with respect to such funds for purposes of
    the requirements of 2 C.F.R. 200.334, regarding records retention, and 2
    C.F.R. 200.337, regarding access by the Comptroller General of the
    United States.
        (b) Nothing in this section shall be construed to limit, amend,
    supersede, or restrict in any manner any requirements otherwise
    applicable to non-Federal entities described in paragraph (1) or any
    existing authority of the Comptroller General.
        Sec. 750.  Section 15010(a)(6) of division B of the Coronavirus Aid,
    Relief, and Economic Security Act (Public Law 116-136) <<NOTE: 5 USC
    app. 11 note.>>  is amended--
                (1) in subparagraph (D), by striking ``or'';
                (2) in subparagraph (E), by striking ``; and'' and inserting
            ``; or''; and
                (3) by inserting after subparagraph (E), the following:
                        ``(F) the American Rescue Plan Act of 2021 (Public
                    Law 117-2); and''.

        Sec. 751.  Notwithstanding section 1346 of title 31, United States
    Code, or section 708 of this Act, funds made available by this or any
    other Act to any Federal agency may be used by that Federal agency for
    interagency funding for coordination with, participation in, or
    recommendations involving, activities of the U.S. Army Medical Research
    and Development Command, the Congressionally Directed Medical Research
    Programs and the National Institutes of Health research programs.
        Sec. 752.  Except as expressly provided otherwise, any reference to
    ``this Act'' contained in any title other than title IV or VIII shall
    not apply to such title IV or VIII.

                                   TITLE VIII

                    GENERAL PROVISIONS--DISTRICT OF COLUMBIA

                         (including transfers of funds)

        Sec. 801.  There are appropriated from the applicable funds of the
    District of Columbia such sums as may be necessary for making refunds
    and for the payment of legal settlements or judgments that have been
    entered against the District of Columbia government.
        Sec. 802.  <<NOTE: Propaganda. Lobbying.>>  None of the Federal
    funds provided in this Act shall be used for publicity or propaganda
    purposes or implementation of any policy including boycott designed to
    support or defeat legislation pending before Congress or any State
    legislature.

        Sec. 803. (a) None of the Federal funds provided under this Act to
    the agencies funded by this Act, both Federal and District government
    agencies, that remain available for obligation or expenditure in fiscal
    year 2022, or provided from any accounts in the Treasury of the United
    States derived by the collection

    [[Page 136 STAT. 308]]

    of fees available to the agencies funded by this Act, shall be available
    for obligation or expenditures for an agency through a reprogramming of
    funds which--
                (1) creates new programs;
                (2) eliminates a program, project, or responsibility center;
                (3) establishes or changes allocations specifically denied,
            limited or increased under this Act;
                (4) increases funds or personnel by any means for any
            program, project, or responsibility center for which funds have
            been denied or restricted;
                (5) re-establishes any program or project previously
            deferred through reprogramming;
                (6) augments any existing program, project, or
            responsibility center through a reprogramming of funds in excess
            of $3,000,000 or 10 percent, whichever is less; or
                (7) <<NOTE: Advance approval.>>  increases by 20 percent or
            more personnel assigned to a specific program, project or
            responsibility center, unless prior approval is received from
            the Committees on Appropriations of the House of Representatives
            and the Senate.

        (b) <<NOTE: Termination date.>>  The District of Columbia government
    is authorized to approve and execute reprogramming and transfer requests
    of local funds under this title through November 7, 2022.

        Sec. 804.  None of the Federal funds provided in this Act may be
    used by the District of Columbia to provide for salaries, expenses, or
    other costs associated with the offices of United States Senator or
    United States Representative under section 4(d) of the District of
    Columbia Statehood Constitutional Convention Initiatives of 1979 (D.C.
    Law 3-171; D.C. Official Code, sec. 1-123).
        Sec. 805.  Except as otherwise provided in this section, none of the
    funds made available by this Act or by any other Act may be used to
    provide any officer or employee of the District of Columbia with an
    official vehicle unless the officer or employee uses the vehicle only in
    the performance of the officer's or employee's official
    duties. <<NOTE: Definition.>> For purposes of this section, the term
    ``official duties'' does not include travel between the officer's or
    employee's residence and workplace, except in the case of--
                (1) an officer or employee of the Metropolitan Police
            Department who resides in the District of Columbia or is
            otherwise designated by the Chief of the Department;
                (2) at the discretion of the Fire Chief, an officer or
            employee of the District of Columbia Fire and Emergency Medical
            Services Department who resides in the District of Columbia and
            is on call 24 hours a day;
                (3) at the discretion of the Director of the Department of
            Corrections, an officer or employee of the District of Columbia
            Department of Corrections who resides in the District of
            Columbia and is on call 24 hours a day;
                (4) at the discretion of the Chief Medical Examiner, an
            officer or employee of the Office of the Chief Medical Examiner
            who resides in the District of Columbia and is on call 24 hours
            a day;
                (5) at the discretion of the Director of the Homeland
            Security and Emergency Management Agency, an officer or employee
            of the Homeland Security and Emergency Management Agency who
            resides in the District of Columbia and is on call 24 hours a
            day;
                (6) the Mayor of the District of Columbia; and

    [[Page 136 STAT. 309]]

                (7) the Chairman of the Council of the District of Columbia.

        Sec. 806. <<NOTE: Voting rights.>>  (a) None of the Federal funds
    contained in this Act may be used by the District of Columbia Attorney
    General or any other officer or entity of the District government to
    provide assistance for any petition drive or civil action which seeks to
    require Congress to provide for voting representation in Congress for
    the District of Columbia.

        (b) Nothing in this section bars the District of Columbia Attorney
    General from reviewing or commenting on briefs in private lawsuits, or
    from consulting with officials of the District government regarding such
    lawsuits.
        Sec. 807.  <<NOTE: Needle distribution.>>  None of the Federal funds
    contained in this Act may be used to distribute any needle or syringe
    for the purpose of preventing the spread of blood borne pathogens in any
    location that has been determined by the local public health or local
    law enforcement authorities to be inappropriate for such distribution.

        Sec. 808.  <<NOTE: Contraceptives. Conscience exception.>>  Nothing
    in this Act may be construed to prevent the Council or Mayor of the
    District of Columbia from addressing the issue of the provision of
    contraceptive coverage by health insurance plans, but it is the intent
    of Congress that any legislation enacted on such issue should include a
    ``conscience clause'' which provides exceptions for religious beliefs
    and moral convictions.

        Sec. 809. <<NOTE: Penalties. Drugs and drug abuse.>>  (a) None of
    the Federal funds contained in this Act may be used to enact or carry
    out any law, rule, or regulation to legalize or otherwise reduce
    penalties associated with the possession, use, or distribution of any
    schedule I substance under the Controlled Substances Act (21 U.S.C. 801
    et seq.) or any tetrahydrocannabinols derivative.

        (b) No funds available for obligation or expenditure by the District
    of Columbia government under any authority may be used to enact any law,
    rule, or regulation to legalize or otherwise reduce penalties associated
    with the possession, use, or distribution of any schedule I substance
    under the Controlled Substances Act (21 U.S.C. 801 et seq.) or any
    tetrahydrocannabinols derivative for recreational purposes.
        Sec. 810.  <<NOTE: Abortion.>>  No funds available for obligation or
    expenditure by the District of Columbia government under any authority
    shall be expended for any abortion except where the life of the mother
    would be endangered if the fetus were carried to term or where the
    pregnancy is the result of an act of rape or incest.

        Sec. 811. <<NOTE: Deadline. Operating budget.>>  (a) No later than
    30 calendar days after the date of the enactment of this Act, the Chief
    Financial Officer for the District of Columbia shall submit to the
    appropriate committees of Congress, the Mayor, and the Council of the
    District of Columbia, a revised appropriated funds operating budget in
    the format of the budget that the District of Columbia government
    submitted pursuant to section 442 of the District of Columbia Home Rule
    Act (D.C. Official Code, sec. 1-204.42), for all agencies of the
    District of Columbia government for fiscal year 2022 that is in the
    total amount of the approved appropriation and that realigns all
    budgeted data for personal services and other-than-personal services,
    respectively, with anticipated actual expenditures.

        (b) <<NOTE: Applicability. Certification.>>  This section shall
    apply only to an agency for which the Chief Financial Officer for the
    District of Columbia certifies that a reallocation is required to
    address unanticipated changes in program requirements.

    [[Page 136 STAT. 310]]

        Sec. 812.  <<NOTE: Deadline. Operating budget.>>  No later than 30
    calendar days after the date of the enactment of this Act, the Chief
    Financial Officer for the District of Columbia shall submit to the
    appropriate committees of Congress, the Mayor, and the Council for the
    District of Columbia, a revised appropriated funds operating budget for
    the District of Columbia Public Schools that aligns schools budgets to
    actual enrollment. The revised appropriated funds budget shall be in the
    format of the budget that the District of Columbia government submitted
    pursuant to section 442 of the District of Columbia Home Rule Act (D.C.
    Official Code, sec. 1-204.42).

        Sec. 813. (a) Amounts appropriated in this Act as operating funds
    may be transferred to the District of Columbia's enterprise and capital
    funds and such amounts, once transferred, shall retain appropriation
    authority consistent with the provisions of this Act.
        (b) <<NOTE: Time period.>>  The District of Columbia government is
    authorized to reprogram or transfer for operating expenses any local
    funds transferred or reprogrammed in this or the four prior fiscal years
    from operating funds to capital funds, and such amounts, once
    transferred or reprogrammed, shall retain appropriation authority
    consistent with the provisions of this Act.

        (c) The District of Columbia government may not transfer or
    reprogram for operating expenses any funds derived from bonds, notes, or
    other obligations issued for capital projects.
        Sec. 814.  None of the Federal funds appropriated in this Act shall
    remain available for obligation beyond the current fiscal year, nor may
    any be transferred to other appropriations, unless expressly so provided
    herein.
        Sec. 815.  Except as otherwise specifically provided by law or under
    this Act, not to exceed 50 percent of unobligated balances remaining
    available at the end of fiscal year 2022 from appropriations of Federal
    funds made available for salaries and expenses for fiscal year 2022 in
    this Act, shall remain available through September 30, 2023, for each
    such account for the purposes authorized:  Provided, <<NOTE: Advance
    approval.>>  That a request shall be submitted to the Committees on
    Appropriations of the House of Representatives and the Senate for
    approval prior to the expenditure of such funds:  Provided further, That
    these <<NOTE: Compliance.>>  requests shall be made in compliance with
    reprogramming guidelines outlined in section 803 of this Act.

        Sec. 816. (a)(1) <<NOTE: Time period.>>  During fiscal year 2023,
    during a period in which neither a District of Columbia continuing
    resolution or a regular District of Columbia appropriation bill is in
    effect, local funds are appropriated in the amount provided for any
    project or activity for which local funds are provided in the Act
    referred to in paragraph (2) (subject to any modifications enacted by
    the District of Columbia as of the beginning of the period during which
    this subsection is in effect) at the rate set forth by such Act.

        (2) The Act referred to in this paragraph is the Act of the Council
    of the District of Columbia pursuant to which a proposed budget is
    approved for fiscal year 2023 which (subject to the requirements of the
    District of Columbia Home Rule Act) will constitute the local portion of
    the annual budget for the District of Columbia government for fiscal
    year 2023 for purposes of section 446 of the District of Columbia Home
    Rule Act (sec. 1-204.46, D.C. Official Code).
        (b) Appropriations made by subsection (a) shall cease to be
    available--

    [[Page 136 STAT. 311]]

                (1) during any period in which a District of Columbia
            continuing resolution for fiscal year 2023 is in effect; or
                (2) upon the enactment into law of the regular District of
            Columbia appropriation bill for fiscal year 2023.

        (c) An appropriation made by subsection (a) is provided under the
    authority and conditions as provided under this Act and shall be
    available to the extent and in the manner that would be provided by this
    Act.
        (d) <<NOTE: Applicability.>>  An appropriation made by subsection
    (a) shall cover all obligations or expenditures incurred for such
    project or activity during the portion of fiscal year 2023 for which
    this section applies to such project or activity.

        (e) This section shall not apply to a project or activity during any
    period of fiscal year 2023 if any other provision of law (other than an
    authorization of appropriations)--
                (1) makes an appropriation, makes funds available, or grants
            authority for such project or activity to continue for such
            period; or
                (2) specifically provides that no appropriation shall be
            made, no funds shall be made available, or no authority shall be
            granted for such project or activity to continue for such
            period.

        (f) Nothing in this section shall be construed to affect obligations
    of the government of the District of Columbia mandated by other law.
        Sec. 817. (a) Section 244 of the Revised Statutes of the United
    States relating to the District of Columbia (sec. 9-1201.03, D.C.
    Official Code) does not apply with respect to any railroads installed
    pursuant to the Long Bridge Project.
        (b) <<NOTE: Definition. Virginia.>>  In this section, the term
    ``Long Bridge Project'' means the project carried out by the District of
    Columbia and the Commonwealth of Virginia to construct a new Long Bridge
    adjacent to the existing Long Bridge over the Potomac River, including
    related infrastructure and other related projects, to expand commuter
    and regional passenger rail service and to provide bike and pedestrian
    access crossings over the Potomac River.

        Sec. 818.  <<NOTE: Time period. Reports.>>  Not later than 45 days
    after the last day of each quarter, each Federal and District government
    agency appropriated Federal funds in this Act shall submit to the
    Committees on Appropriations of the House of Representatives and the
    Senate a quarterly budget report that includes total obligations of the
    Agency for that quarter for each Federal funds appropriation provided in
    this Act, by the source year of the appropriation.

        Sec. 819.  Except as expressly provided otherwise, any reference to
    ``this Act'' contained in this title or in title IV shall be treated as
    referring only to the provisions of this title or of title IV.
        This division may be cited as the ``Financial Services and General
    Government Appropriations Act, 2022''.

    [[Page 136 STAT. 312]]

     DIVISION F <<NOTE: Department of Homeland Security Appropriations Act,
    2022.>> --DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2022

                                     TITLE I

        DEPARTMENTAL MANAGEMENT, OPERATIONS, INTELLIGENCE, AND OVERSIGHT

                Office of the Secretary and Executive Management

                             operations and support

        For necessary expenses of the Office of the Secretary and for
    executive management for operations and support, $236,053,000; of which
    $23,204,000 shall be for the Office of the Ombudsman for Immigration
    Detention, of which $5,000,000 shall remain available until September
    30, 2023:  Provided, That not to exceed $30,000 shall be for official
    reception and representation expenses:  Provided
    further, <<NOTE: Submission.>>  That $5,000,000 shall be withheld from
    obligation until the Secretary submits, to the Committees on
    Appropriations of the Senate and the House of Representatives, responses
    to all questions for the record for each hearing on the fiscal year 2023
    budget submission for the Department of Homeland Security held by such
    Committees prior to July 1.

                               federal assistance

                          (including transfer of funds)

        For necessary expenses of the Office of the Secretary and for
    executive management for Federal assistance through grants, contracts,
    cooperative agreements, and other activities, $35,000,000, which shall
    be transferred to ``Federal Emergency Management Agency--Federal
    Assistance'', of which $20,000,000 shall be for targeted violence and
    terrorism prevention grants and of which $15,000,000 shall be for an
    Alternatives to Detention Case Management pilot program, to remain
    available until September 30, 2023:  Provided, That the amounts made
    available for the pilot program shall be awarded as described in the
    first proviso under this heading in title I of division F of Public Law
    116-260 and services shall be provided as described in the second and
    third such provisos.

                             Management Directorate

                             operations and support

        For necessary expenses of the Management Directorate for operations
    and support, including vehicle fleet modernization, $1,637,009,000, of
    which $33,500,000 shall remain available until September 30, 2023:
    Provided, That not to exceed $2,000 shall be for official reception and
    representation expenses.

                   procurement, construction, and improvements

        For necessary expenses of the Management Directorate for
    procurement, construction, and improvements, $491,816,000, of which
    $132,116,000 shall remain available until September 30,

    [[Page 136 STAT. 313]]

    2024, and of which $359,700,000 shall remain available until September
    30, 2026.

                           federal protective service

        The revenues and collections of security fees credited to this
    account shall be available until expended for necessary expenses related
    to the protection of federally owned and leased buildings and for the
    operations of the Federal Protective Service.

               Intelligence, Analysis, and Operations Coordination

                             operations and support

        For necessary expenses of the Office of Intelligence and Analysis
    and the Office of Operations Coordination for operations and support,
    $298,171,000, of which $89,672,000 shall remain available until
    September 30, 2023:  Provided, That not to exceed $3,825 shall be for
    official reception and representation expenses and not to exceed
    $2,000,000 is available for facility needs associated with secure space
    at fusion centers, including improvements to buildings.

                         Office of the Inspector General

                             operations and support

        For necessary expenses of the Office of the Inspector General for
    operations and support, $205,359,000:  Provided, That not to exceed
    $300,000 may be used for certain confidential operational expenses,
    including the payment of informants, to be expended at the direction of
    the Inspector General.

                            Administrative Provisions

        Sec. 101. <<NOTE: Reports. Grants. Contracts. Time period.>>  (a)
    The Secretary of Homeland Security shall submit a report not later than
    October 15, 2022, to the Inspector General of the Department of Homeland
    Security listing all grants and contracts awarded by any means other
    than full and open competition during fiscal years 2021 or 2022.

        (b) <<NOTE: Review. Assessment. Compliance.>>  The Inspector General
    shall review the report required by subsection (a) to assess
    departmental compliance with applicable laws and regulations and report
    the results of that review to the Committees on Appropriations of the
    Senate and the House of Representatives not later than February 15,
    2023.

        Sec. 102.  <<NOTE: Budget. Reports.>>  Not later than 30 days after
    the last day of each month, the Chief Financial Officer of the
    Department of Homeland Security shall submit to the Committees on
    Appropriations of the Senate and the House of Representatives a monthly
    budget and staffing report that includes total obligations of the
    Department for that month and for the fiscal year at the appropriation
    and program, project, and activity levels, by the source year of the
    appropriation.

        Sec. 103.  <<NOTE: Contracts. Award fees.>>  The Secretary of
    Homeland Security shall require that all contracts of the Department of
    Homeland Security that provide award fees link such fees to successful
    acquisition outcomes, which shall be specified in terms of cost,
    schedule, and performance.

        Sec. 104. <<NOTE: Consultation. Notifications.>>  (a) The Secretary
    of Homeland Security, in consultation with the Secretary of the
    Treasury, shall notify the Committees

    [[Page 136 STAT. 314]]

    on Appropriations of the Senate and the House of Representatives of any
    proposed transfers of funds available under section 9705(g)(4)(B) of
    title 31, United States Code, from the Department of the Treasury
    Forfeiture Fund to any agency within the Department of Homeland
    Security.

        (b) None of the funds identified for such a transfer may be
    obligated until the Committees on Appropriations of the Senate and the
    House of Representatives are notified of the proposed transfer.
        Sec. 105.  All official costs associated with the use of Government
    aircraft by Department of Homeland Security personnel to support
    official travel of the Secretary and the Deputy Secretary shall be paid
    from amounts made available for the Office of the Secretary.
        Sec. 106. <<NOTE: Briefing. Deadline. Contracts.>>  (a) The Under
    Secretary for Management shall brief the Committees on Appropriations of
    the Senate and the House of Representatives not later than 30 days after
    the end of each fiscal quarter on all Level 1 and Level 2 acquisition
    programs on the Master Acquisition Oversight list between Acquisition
    Decision Event 1 and Full Operational Capability, including programs
    that have been removed from such list during the preceding quarter.

        (b) For each such program without a department-approved acquisition
    program baseline, the briefing described in subsection (a) shall
    include--
                (1) a description of the purpose of the program, including
            the capabilities being acquired and the component(s) sponsoring
            the acquisition; and
                (2) the Acquisition Review Board status, including--
                        (A) the current acquisition phase;
                        (B) the date and purpose of the most recent review;
                    and
                        (C) whether the program has been paused or is in
                    breach status.

        (c) For each such program with a department-approved acquisition
    program baseline, the briefing described in subsection (a) shall
    include--
                (1) a description of the purpose of the program, including
            the capabilities being acquired and the component(s) sponsoring
            the acquisition;
                (2) the total number of units, as appropriate, to be
            acquired annually until procurement is complete under the
            current acquisition program baseline;
                (3) the Acquisition Review Board status, including--
                        (A) the current acquisition phase by increment, as
                    applicable;
                        (B) the date of the most recent review; and
                        (C) whether the program has been paused or is in
                    breach status;
                (4) a comparison between the initial Department-approved
            acquisition program baseline cost, schedule, and performance
            thresholds and objectives and the program's current such
            thresholds and objectives, if applicable;
                (5) <<NOTE: Cost estimate.>>  the lifecycle cost estimate,
            including--
                        (A) the confidence level for the estimate;
                        (B) the fiscal years included in the estimate; and
                        (C) a description of and rationale for any changes
                    to the estimate during the prior fiscal year;

    [[Page 136 STAT. 315]]

                (6) <<NOTE: Summary.>>  a summary of the findings of any
            independent verification and validation of the items to be
            acquired or an explanation for why no such verification and
            validation has been performed;
                (7) <<NOTE: Estimates.>>  a table displaying the obligation
            of all program funds by prior fiscal year, the estimated
            obligation of funds for the current fiscal year, and an estimate
            for the planned carryover of funds into the subsequent fiscal
            year;
                (8) <<NOTE: Listing.>>  a listing of prime contractors and
            major subcontractors; and
                (9) narrative descriptions of risks to cost, schedule, or
            performance that could result in a program breach if not
            successfully mitigated.

        (d) <<NOTE: Memorandums. Deadline.>>  The Under Secretary for
    Management shall submit each approved Acquisition Decision Memoranda for
    programs described in this section to the Committees on Appropriations
    of the Senate and the House of Representatives not later than five
    business days after the date of approval of such memorandum by the Under
    Secretary for Management or the designee of the Under Secretary.

        Sec. 107. <<NOTE: Time period.>>  (a) No Federal funds made
    available to the Department of Homeland Security may be obligated for
    any pilot or demonstration program that uses more than 5 full-time
    equivalents or costs in excess of $1,000,000 until 30 days after the
    date on which the Under Secretary for Management of the Department of
    Homeland Security provides the following to the Committees on
    Appropriations of the Senate and the House of Representatives for such
    program:
                (1) Objectives that are well-defined and measurable;
                (2) <<NOTE: Assessment.>>  An assessment methodology that
            details--
                        (A) the type and source of assessment data;
                        (B) the methods for and frequency of collecting such
                    data; and
                        (C) how such data will be analyzed;
                (3) <<NOTE: Implementation plan. Cost estimate. Schedule.>>
            An implementation plan, including milestones, a cost estimate,
            and schedule, including an end date; and
                (4) <<NOTE: Contracts. Memorandums.>>  A signed interagency
            agreement or memorandum of agreement for any pilot or
            demonstration program involving the participation of more than
            one Department of Homeland Security component or that of an
            entity not part of such Department.

        (b) <<NOTE: Reports.>>  Not later than 30 days after the date of
    completion of a pilot or demonstration program described in subsection
    (a), the Under Secretary for Management of the Department of Homeland
    Security shall provide a report to the Committees on Appropriations of
    the Senate and the House of Representatives detailing lessons learned,
    actual costs, and any planned expansion or continuation of the pilot or
    demonstration program.

        (c) For the purposes of this section, a pilot or demonstration
    program is a policy implementation, study, demonstration, experimental
    program, or trial that is a small-scale, short-term experiment conducted
    in order to evaluate feasibility, duration, costs, or adverse events,
    and improve upon the design of an effort prior to implementation of a
    larger scale effort.
        Sec. 108. <<NOTE: Reimbursements. Time period.>>  (a) Amounts
    provided in title II of division B of Public Law 117-70 for ``Office of
    the Secretary and Executive Management--Operations and Support'' are
    available for providing reimbursement to airports and airport operators
    for costs incurred

    [[Page 136 STAT. 316]]

    between August 1, 2021, and September 30, 2022, for activities directly
    and demonstrably related to Operation Allies Welcome.

        (b) Each amount repurposed by this section that was previously
    designated by the Congress as an emergency requirement pursuant to the
    Balanced Budget and Emergency Deficit Control Act of 1985 or a
    concurrent resolution on the budget is designated by the Congress as an
    emergency requirement pursuant to section 4001(a)(1) and section 4001(b)
    of S. Con. Res. 14 (117th Congress), the concurrent resolution on the
    budget for fiscal year 2022.

                                    TITLE II

                    SECURITY, ENFORCEMENT, AND INVESTIGATIONS

                       U.S. Customs and Border Protection

                             operations and support

                          (including transfer of funds)

        For necessary expenses of U.S. Customs and Border Protection for
    operations and support, including the transportation of unaccompanied
    alien minors; the provision of air and marine support to Federal, State,
    local, and international agencies in the enforcement or administration
    of laws enforced by the Department of Homeland Security; at the
    discretion of the Secretary of Homeland Security, the provision of such
    support to Federal, State, and local agencies in other law enforcement
    and emergency humanitarian efforts; the purchase and lease of up to
    7,500 (6,500 for replacement only) police-type vehicles; the purchase,
    maintenance, or operation of marine vessels, aircraft, and unmanned
    aerial systems; and contracting with individuals for personal services
    abroad; $13,756,194,000; of which $3,274,000 shall be derived from the
    Harbor Maintenance Trust Fund for administrative expenses related to the
    collection of the Harbor Maintenance Fee pursuant to section 9505(c)(3)
    of the Internal Revenue Code of 1986 (26 U.S.C. 9505(c)(3)) and
    notwithstanding section 1511(e)(1) of the Homeland Security Act of 2002
    (6 U.S.C. 551(e)(1)); of which $700,000,000 shall be available until
    September 30, 2023; and of which such sums as become available in the
    Customs User Fee Account, except sums subject to section 13031(f)(3) of
    the Consolidated Omnibus Budget Reconciliation Act of 1985 (19 U.S.C.
    58c(f)(3)), shall be derived from that account:  Provided, That not to
    exceed $34,425 shall be for official reception and representation
    expenses:  Provided further, That not to exceed $150,000 shall be
    available for payment for rental space in connection with preclearance
    operations:  Provided further, That not to exceed $2,000,000 shall be
    for awards of compensation to informants, to be accounted for solely
    under the certificate of the Secretary of Homeland Security:  Provided
    further, That not to exceed $5,000,000 may be transferred to the Bureau
    of Indian Affairs for the maintenance and repair of roads on Native
    American reservations used by the U.S. Border Patrol.

                   procurement, construction, and improvements

        For necessary expenses of U.S. Customs and Border Protection for
    procurement, construction, and improvements, including

    [[Page 136 STAT. 317]]

    procurement of marine vessels, aircraft, and unmanned aerial systems,
    $572,083,000, of which $93,425,000 shall remain available until
    September 30, 2024; and of which $478,658,000 shall remain available
    until September 30, 2026.

                    U.S. Immigration and Customs Enforcement

                             operations and support

        For necessary expenses of U.S. Immigration and Customs Enforcement
    for operations and support, including the purchase and lease of up to
    3,790 (2,350 for replacement only) police-type vehicles; overseas vetted
    units; and maintenance, minor construction, and minor leasehold
    improvements at owned and leased facilities; $8,206,526,000; of which
    not less than $6,000,000 shall remain available until expended for
    efforts to enforce laws against forced child labor; of which $46,696,000
    shall remain available until September 30, 2023; of which not less than
    $1,500,000 is for paid apprenticeships for participants in the Human
    Exploitation Rescue Operative Child-Rescue Corps; of which not less than
    $15,000,000 shall be available for investigation of intellectual
    property rights violations, including operation of the National
    Intellectual Property Rights Coordination Center; and of which not less
    than $4,175,786,000 shall be for enforcement, detention, and removal
    operations, including transportation of unaccompanied alien minors:
    Provided, That not to exceed $11,475 shall be for official reception and
    representation expenses:  Provided further, That not to exceed
    $10,000,000 shall be available until expended for conducting special
    operations under section 3131 of the Customs Enforcement Act of 1986 (19
    U.S.C. 2081):  Provided further, That not to exceed $2,000,000 shall be
    for awards of compensation to informants, to be accounted for solely
    under the certificate of the Secretary of Homeland Security:  Provided
    further, <<NOTE: Reimbursements.>>  That not to exceed $11,216,000 shall
    be available to fund or reimburse other Federal agencies for the costs
    associated with the care, maintenance, and repatriation of smuggled
    aliens unlawfully present in the United States:  Provided
    further, <<NOTE: Reports.>>  That of the amounts made available under
    this heading in this Act for Executive Leadership and Oversight,
    $5,000,000 shall not be available for obligation until the reports
    directed under this heading by the explanatory statements accompanying
    Public Laws 116-6, 116-93, and 116-260 have been submitted to the
    Committees on Appropriations of the Senate and the House of
    Representatives.

                   procurement, construction, and improvements

        For necessary expenses of U.S. Immigration and Customs Enforcement
    for procurement, construction, and improvements, $51,700,000, of which
    $34,321,000 shall remain available until September 30, 2024, and of
    which $17,379,000 shall remain available until September 30, 2026.

    [[Page 136 STAT. 318]]

                     Transportation Security Administration

                             operations and support

        For necessary expenses of the Transportation Security Administration
    for operations and support, $8,091,193,000, to remain available until
    September 30, 2023:  Provided, That not to exceed $7,650 shall be for
    official reception and representation expenses:  Provided further, That
    security service fees authorized under section 44940 of title 49, United
    States Code, shall be credited to this appropriation as offsetting
    collections and shall be available only for aviation security:  Provided
    further, That the sum appropriated under this heading from the general
    fund shall be reduced on a dollar-for-dollar basis as such offsetting
    collections are received during fiscal year 2022 so as to result in a
    final fiscal year appropriation from the general fund estimated at not
    more than $5,981,193,000.

                   procurement, construction, and improvements

        For necessary expenses of the Transportation Security Administration
    for procurement, construction, and improvements, $160,736,000, to remain
    available until September 30, 2024.

                            research and development

        For necessary expenses of the Transportation Security Administration
    for research and development, $35,532,000, to remain available until
    September 30, 2023.

                                   Coast Guard

                             operations and support

        For necessary expenses of the Coast Guard for operations and support
    including the Coast Guard Reserve; purchase or lease of not to exceed 25
    passenger motor vehicles, which shall be for replacement only; purchase
    or lease of small boats for contingent and emergent requirements (at a
    unit cost of not more than $700,000) and repairs and service-life
    replacements, not to exceed a total of $31,000,000; purchase, lease, or
    improvements of boats necessary for overseas deployments and activities;
    payments pursuant to section 156 of Public Law 97-377 (42 U.S.C. 402
    note; 96 Stat. 1920); and recreation and welfare; $9,162,120,000, of
    which $530,000,000 shall be for defense-related activities; of which
    $24,500,000 shall be derived from the Oil Spill Liability Trust Fund to
    carry out the purposes of section 1012(a)(5) of the Oil Pollution Act of
    1990 (33 U.S.C. 2712(a)(5)); of which $5,000,000 shall remain available
    until September 30, 2024; of which $27,456,000 shall remain available
    until September 30, 2026, for environmental compliance and restoration;
    and of which $70,000,000 shall remain available until September 30,
    2023, which shall only be available for vessel depot level maintenance:
    Provided, That not to exceed $23,000 shall be for official reception and
    representation expenses.

    [[Page 136 STAT. 319]]

                   procurement, construction, and improvements

        For necessary expenses of the Coast Guard for procurement,
    construction, and improvements, including aids to navigation, shore
    facilities (including facilities at Department of Defense installations
    used by the Coast Guard), and vessels and aircraft, including equipment
    related thereto, $2,030,100,000, to remain available until September 30,
    2026; of which $20,000,000 shall be derived from the Oil Spill Liability
    Trust Fund to carry out the purposes of section 1012(a)(5) of the Oil
    Pollution Act of 1990 (33 U.S.C. 2712(a)(5)); and of which such sums as
    were deposited into the Coast Guard Housing Fund prior to fiscal year
    2021 that remain unavailable for obligation shall be available to carry
    out the purposes of section 2946 of title 14, United States Code, in
    addition to amounts otherwise available for such purposes, and shall be
    derived from such deposits.

                            research and development

        For necessary expenses of the Coast Guard for research and
    development; and for maintenance, rehabilitation, lease, and operation
    of facilities and equipment; $7,476,000, to remain available until
    September 30, 2024, of which $500,000 shall be derived from the Oil
    Spill Liability Trust Fund to carry out the purposes of section
    1012(a)(5) of the Oil Pollution Act of 1990 (33 U.S.C. 2712(a)(5)):
    Provided, That there may be credited to and used for the purposes of
    this appropriation funds received from State and local governments,
    other public authorities, private sources, and foreign countries for
    expenses incurred for research, development, testing, and evaluation.

                                   retired pay

        For retired pay, including the payment of obligations otherwise
    chargeable to lapsed appropriations for this purpose, payments under the
    Retired Serviceman's Family Protection and Survivor Benefits Plans,
    payment for career status bonuses, payment of continuation pay under
    section 356 of title 37, United States Code, concurrent receipts,
    combat-related special compensation, and payments for medical care of
    retired personnel and their dependents under chapter 55 of title 10,
    United States Code, $1,963,519,000, to remain available until expended.

                          United States Secret Service

                             operations and support

        For necessary expenses of the United States Secret Service for
    operations and support, including purchase of not to exceed 652 vehicles
    for police-type use; hire of passenger motor vehicles; purchase of
    motorcycles made in the United States; hire of aircraft; rental of
    buildings in the District of Columbia; fencing, lighting, guard booths,
    and other facilities on private or other property not in Government
    ownership or control, as may be necessary to perform protective
    functions; conduct of and participation in firearms matches;
    presentation of awards; conduct of behavioral

    [[Page 136 STAT. 320]]

    research in support of protective intelligence and operations; payment
    in advance for commercial accommodations as may be necessary to perform
    protective functions; and payment, without regard to section 5702 of
    title 5, United States Code, of subsistence expenses of employees who
    are on protective missions, whether at or away from their duty stations;
    $2,554,729,000; of which $53,321,000 shall remain available until
    September 30, 2023, and of which $6,000,000 shall be for a grant for
    activities related to investigations of missing and exploited children;
    and of which up to $17,000,000 may be for calendar year 2021 premium pay
    in excess of the annual equivalent of the limitation on the rate of pay
    contained in section 5547(a) of title 5, United States Code, pursuant to
    section 2 of the Overtime Pay for Protective Services Act of 2016 (5
    U.S.C. 5547 note), as last amended by Public Law 116-269:  Provided,
    That not to exceed $19,125 shall be for official reception and
    representation expenses:  Provided further, That not to exceed $100,000
    shall be to provide technical assistance and equipment to foreign law
    enforcement organizations in criminal investigations within the
    jurisdiction of the United States Secret Service.

                   procurement, construction, and improvements

        For necessary expenses of the United States Secret Service for
    procurement, construction, and improvements, $54,849,000, to remain
    available until September 30, 2024.

                            research and development

        For necessary expenses of the United States Secret Service for
    research and development, $2,310,000, to remain available until
    September 30, 2023.

                            Administrative Provisions

        Sec. 201.  <<NOTE: Applicability.>>  Section 201 of the Department
    of Homeland Security Appropriations Act, 2018 (division F of Public Law
    115-141), related to overtime compensation limitations, shall apply with
    respect to funds made available in this Act in the same manner as such
    section applied to funds made available in that Act, except that
    ``fiscal year 2022'' shall be substituted for ``fiscal year 2018''.

        Sec. 202.  Funding made available under the headings ``U.S. Customs
    and Border Protection--Operations and Support'' and ``U.S. Customs and
    Border Protection--Procurement, Construction, and Improvements'' shall
    be available for customs expenses when necessary to maintain operations
    and prevent adverse personnel actions in Puerto Rico and the U.S. Virgin
    Islands, in addition to funding provided by sections 740 and 1406i of
    title 48, United States Code.
        Sec. 203.  As authorized by section 601(b) of the United States-
    Colombia Trade Promotion Agreement Implementation Act (Public Law 112-
    42), fees collected from passengers arriving from Canada, Mexico, or an
    adjacent island pursuant to section 13031(a)(5) of the Consolidated
    Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c(a)(5)) shall be
    available until expended.
        Sec. 204. (a) For an additional amount for ``U.S. Customs and Border
    Protection--Operations and Support'', $31,000,000, to remain available
    until expended, to be reduced by amounts collected and credited to this
    appropriation in fiscal year 2022 from amounts

    [[Page 136 STAT. 321]]

    authorized to be collected by section 286(i) of the Immigration and
    Nationality Act (8 U.S.C. 1356(i)), section 10412 of the Farm Security
    and Rural Investment Act of 2002 (7 U.S.C. 8311), and section 817 of the
    Trade Facilitation and Trade Enforcement Act of 2015 (Public Law 114-
    25), or other such authorizing language.
        (b) To the extent that amounts realized from such collections exceed
    $31,000,000, those amounts in excess of $31,000,000 shall be credited to
    this appropriation, to remain available until expended.
        Sec. 205.  <<NOTE: Drugs and drug abuse.>>  None of the funds made
    available in this Act for U.S. Customs and Border Protection may be used
    to prevent an individual not in the business of importing a prescription
    drug (within the meaning of section 801(g) of the Federal Food, Drug,
    and Cosmetic Act) from importing a prescription drug from Canada that
    complies with the Federal Food, Drug, and Cosmetic Act:
    Provided, <<NOTE: Applicability. Time period.>>  That this section shall
    apply only to individuals transporting on their person a personal-use
    quantity of the prescription drug, not to exceed a 90-day supply:
    Provided further, That the prescription drug may not be--
                (1) a controlled substance, as defined in section 102 of the
            Controlled Substances Act (21 U.S.C. 802); or
                (2) a biological product, as defined in section 351 of the
            Public Health Service Act (42 U.S.C. 262).

        Sec. 206. <<NOTE: Consultation.>>  (a) Notwithstanding any other
    provision of law, none of the funds provided in this or any other Act
    shall be used to approve a waiver of the navigation and vessel-
    inspection laws pursuant to section 501(b) of title 46, United States
    Code, for the transportation of crude oil distributed from and to the
    Strategic Petroleum Reserve until the Secretary of Homeland Security,
    after consultation with the Secretaries of the Departments of Energy and
    Transportation and representatives from the United States flag maritime
    industry, takes adequate measures to ensure the use of United States
    flag vessels.

        (b) <<NOTE: Notification. Deadline. Waivers.>>  The Secretary shall
    notify the Committees on Appropriations of the Senate and the House of
    Representatives, the Committee on Commerce, Science, and Transportation
    of the Senate, and the Committee on Transportation and Infrastructure of
    the House of Representatives within 2 business days of any request for
    waivers of navigation and vessel-inspection laws pursuant to section
    501(b) of title 46, United States Code, with respect to such
    transportation, and the disposition of such requests.

        Sec. 207. <<NOTE: Effective date.>>  (a) Beginning on the date of
    enactment of this Act, the Secretary of Homeland Security shall not--
                (1) establish, collect, or otherwise impose any new border
            crossing fee on individuals crossing the Southern border or the
            Northern border at a land port of entry; or
                (2) conduct any study relating to the imposition of a border
            crossing fee.

        (b) <<NOTE: Definition.>>  In this section, the term ``border
    crossing fee'' means a fee that every pedestrian, cyclist, and driver
    and passenger of a private motor vehicle is required to pay for the
    privilege of crossing the Southern border or the Northern border at a
    land port of entry.

        Sec. 208. <<NOTE: Deadline. Expenditure plan.>>  (a) Not later than
    90 days after the date of enactment of this Act, the Secretary of
    Homeland Security shall submit an expenditure plan for any amounts made
    available for ``U.S. Customs

    [[Page 136 STAT. 322]]

    and Border Protection--Procurement, Construction, and Improvements'' in
    this Act and prior Acts to the Committees on Appropriations of the
    Senate and the House of Representatives.

        (b) No such amounts may be obligated prior to the submission of such
    plan.
        Sec. 209.  Of the total amount made available under ``U.S. Customs
    and Border Protection--Procurement, Construction, and Improvements'',
    $572,083,000 shall be available only as follows:
                (1) $276,000,000 for the acquisition and deployment of
            border security technologies;
                (2) $99,653,000 for trade and travel assets and
            infrastructure;
                (3) $93,425,000 for facility construction and improvements;
                (4) $72,395,000 for integrated operations assets and
            infrastructure; and
                (5) $30,610,000 for mission support and infrastructure.

        Sec. 210.  <<NOTE: Applicability.>>  Section 211 of the Department
    of Homeland Security Appropriations Act, 2021 (division F of Public Law
    116-260), prohibiting the use of funds for the construction of fencing
    in certain areas, shall apply with respect to funds made available in
    this Act in the same manner as such section applied to funds made
    available in that Act.

        Sec. 211. (a) Funds made available in this Act may be used to alter
    operations within the National Targeting Center of U.S. Customs and
    Border Protection.
        (b) None of the funds provided by this Act, provided by previous
    appropriations Acts that remain available for obligation or expenditure
    in fiscal year 2022, or provided from any accounts in the Treasury of
    the United States derived by the collection of fees available to the
    components funded by this Act, may be used to reduce anticipated or
    planned vetting operations at existing locations unless specifically
    authorized by a statute enacted after the date of enactment of this Act.
        Sec. 212.  Section 411(o)(3) of the Homeland Security Act of 2002 (6
    U.S.C. 211(o)(3)), is amended by striking ``170'' and inserting ``250''.
        Sec. 213.  For an additional amount for ``U.S. Customs and Border
    Protection--Operations and Support'', $100,000,000, to remain available
    until September 30, 2023, in addition to amounts otherwise available for
    such purposes, for Border Patrol hiring and contractors, retention and
    relocation incentives and contract support.
        Sec. 214.  <<NOTE: Determination.>>  None of the funds provided
    under the heading ``U.S. Immigration and Customs Enforcement--Operations
    and Support'' may be used to continue a delegation of law enforcement
    authority authorized under section 287(g) of the Immigration and
    Nationality Act (8 U.S.C. 1357(g)) if the Department of Homeland
    Security Inspector General determines that the terms of the agreement
    governing the delegation of authority have been materially violated.

        Sec. 215. <<NOTE: Contracts. 6 USC 211 note.>>  (a) None of the
    funds provided under the heading ``U.S. Immigration and Customs
    Enforcement--Operations and Support'' may be used to continue any
    contract for the provision of detention services if the two most recent
    overall performance evaluations received by the contracted facility are
    less than ``adequate'' or the equivalent median score in any subsequent
    performance evaluation system.

    [[Page 136 STAT. 323]]

        (b) The performance evaluations referenced in subsection (a) shall
    be conducted by the U.S. Immigration and Customs Enforcement Office of
    Professional Responsibility.
        Sec. 216.  <<NOTE: Aliens.>>  Without regard to the limitation as to
    time and condition of section 503(d) of this Act, the Secretary may
    reprogram within and transfer funds to ``U.S. Immigration and Customs
    Enforcement--Operations and Support'' as necessary to ensure the
    detention of aliens prioritized for removal.

        Sec. 217.  <<NOTE: Time period. Applicability. 8 USC 1378a note.>>
    The reports required to be submitted under section 216 of the Department
    of Homeland Security Appropriations Act, 2021 (division F of Public Law
    116-260) shall continue to be submitted semimonthly and each matter
    required to be included in such report by such section 216 shall apply
    in the same manner and to the same extent during the period described in
    this section.

        Sec. 218.  <<NOTE: Applicability.>>  The terms and conditions of
    sections 216 and 217 of the Department of Homeland Security
    Appropriations Act, 2020 (division D of Public Law 116-93) shall apply
    to this Act.

        Sec. 219.  Members of the United States House of Representatives and
    the United States Senate, including the leadership; the heads of Federal
    agencies and commissions, including the Secretary, Deputy Secretary,
    Under Secretaries, and Assistant Secretaries of the Department of
    Homeland Security; the United States Attorney General, Deputy Attorney
    General, Assistant Attorneys General, and the United States Attorneys;
    and senior members of the Executive Office of the President, including
    the Director of the Office of Management and Budget, shall not be exempt
    from Federal passenger and baggage screening.
        Sec. 220.  <<NOTE: Explosives detection system.>>  Any award by the
    Transportation Security Administration to deploy explosives detection
    systems shall be based on risk, the airport's current reliance on other
    screening solutions, lobby congestion resulting in increased security
    concerns, high injury rates, airport readiness, and increased cost
    effectiveness.

        Sec. 221.  <<NOTE: Contracts. Explosives detection system.>>
    Notwithstanding section 44923 of title 49, United States Code, for
    fiscal year 2022, any funds in the Aviation Security Capital Fund
    established by section 44923(h) of title 49, United States Code, may be
    used for the procurement and installation of explosives detection
    systems or for the issuance of other transaction agreements for the
    purpose of funding projects described in section 44923(a) of such title.

        Sec. 222.  <<NOTE: Reports. Plans.>>  Not later than 30 days after
    the submission of the President's budget proposal, the Administrator of
    the Transportation Security Administration shall submit to the
    Committees on Appropriations and Commerce, Science, and Transportation
    of the Senate and the Committees on Appropriations and Homeland Security
    in the House of Representatives a single report that fulfills the
    following requirements:
                (1) a Capital Investment Plan that includes a plan for
            continuous and sustained capital investment in new, and the
            replacement of aged, transportation security equipment;
                (2) the 5-year technology investment plan as required by
            section 1611 of title XVI of the Homeland Security Act of 2002,
            as amended by section 3 of the Transportation Security
            Acquisition Reform Act (Public Law 113-245); and
                (3) the Advanced Integrated Passenger Screening Technologies
            report as required by the Senate Report accompanying the
            Department of Homeland Security Appropriations Act, 2019 (Senate
            Report 115-283).

    [[Page 136 STAT. 324]]

        Sec. 223. <<NOTE: Vessels.>>  (a) None of the funds made available
    by this Act under the heading ``Coast Guard--Operations and Support''
    shall be for expenses incurred for recreational vessels under section
    12114 of title 46, United States Code, except to the extent fees are
    collected from owners of yachts and credited to the appropriation made
    available by this Act under the heading ``Coast Guard--Operations and
    Support''.

        (b) To the extent such fees are insufficient to pay expenses of
    recreational vessel documentation under such section 12114, and there is
    a backlog of recreational vessel applications, personnel performing non-
    recreational vessel documentation functions under subchapter II of
    chapter 121 of title 46, United States Code, may perform documentation
    under section 12114.
        Sec. 224.  Without regard to the limitation as to time and condition
    of section 503(d) of this Act, after June 30, in accordance with the
    notification requirement described in subsection (b) of such section, up
    to the following amounts may be reprogrammed within ``Coast Guard--
    Operations and Support''--
                (1) $10,000,000 to or from the ``Military Personnel''
            funding category; and
                (2) $10,000,000 between the ``Field Operations'' funding
            subcategories.

        Sec. 225.  <<NOTE: Investment plan. Requirements.>>  Notwithstanding
    any other provision of law, the Commandant of the Coast Guard shall
    submit to the Committees on Appropriations of the Senate and the House
    of Representatives a future-years capital investment plan as described
    in the second proviso under the heading ``Coast Guard--Acquisition,
    Construction, and Improvements'' in the Department of Homeland Security
    Appropriations Act, 2015 (Public Law 114-4), which shall be subject to
    the requirements in the third and fourth provisos under such heading.

        Sec. 226.  Of the funds made available for defense-related
    activities under the heading ``Coast Guard--Operations and Support'', up
    to $190,000,000 that are used for enduring overseas missions in support
    of the global fight against terrorism may be reallocated by program,
    project, and activity, notwithstanding section 503 of this Act.
        Sec. 227.  None of the funds in this Act shall be used to reduce the
    Coast Guard's legacy Operations Systems Center mission or its
    government-employed or contract staff levels.
        Sec. 228.  None of the funds appropriated by this Act may be used to
    conduct, or to implement the results of, a competition under Office of
    Management and Budget Circular A-76 for activities performed with
    respect to the Coast Guard National Vessel Documentation Center.
        Sec. 229.  Funds made available in this Act may be used to alter
    operations within the Civil Engineering Program of the Coast Guard
    nationwide, including civil engineering units, facilities design and
    construction centers, maintenance and logistics commands, and the Coast
    Guard Academy, except that none of the funds provided in this Act may be
    used to reduce operations within any civil engineering unit unless
    specifically authorized by a statute enacted after the date of enactment
    of this Act.
        Sec. 230.  Amounts deposited into the Coast Guard Housing Fund in
    fiscal year 2022 shall be available until expended to carry out the
    purposes of section 2946 of title 14, United States Code,

    [[Page 136 STAT. 325]]

    and shall be in addition to funds otherwise available for such purposes.
        Sec. 231. (a) Notwithstanding section 2110 of title 46, United
    States Code, none of the funds made available in this Act shall be used
    to charge a fee for an inspection of a towing vessel, as defined in 46
    CFR Section 136.110, that utilizes the Towing Safety Management System
    option for a Certificate of Inspection issued under subchapter M of
    title 46, Code of Federal Regulations.
        (b) <<NOTE: Determination.>>  Subsection (a) shall not apply after
    the date the Commandant of the Coast Guard makes a determination under
    section 815(a) of the Frank LoBiondo Coast Guard Authorization Act of
    2018 (Public Law 115-282) and, as necessary based on such determination,
    carries out the requirements of subsection 815(b) of such Act.

        Sec. 232. (a) For an additional amount for ``Coast Guard--
    Procurement, Construction, and Improvements'', $50,000,000, to remain
    available until expended, which shall be distributed as a grant for the
    National Coast Guard Museum to carry out activities under section 316(d)
    of title 14, United States Code.
        (b) The Coast Guard shall not be responsible for the execution of
    any contracts, planning, or execution of work to accomplish any
    activities outlined in section 316(d) of title 14, United States Code.
        Sec. 233.  <<NOTE: Reimbursements.>>  The United States Secret
    Service is authorized to obligate funds in anticipation of
    reimbursements from executive agencies, as defined in section 105 of
    title 5, United States Code, for personnel receiving training sponsored
    by the James J. Rowley Training Center, except that total obligations at
    the end of the fiscal year shall not exceed total budgetary resources
    available under the heading ``United States Secret Service--Operations
    and Support'' at the end of the fiscal year.

        Sec. 234. (a) None of the funds made available to the United States
    Secret Service by this Act or by previous appropriations Acts may be
    made available for the protection of the head of a Federal agency other
    than the Secretary of Homeland Security.
        (b) <<NOTE: Contracts. Reimbursement.>>  The Director of the United
    States Secret Service may enter into agreements to provide such
    protection on a fully reimbursable basis.

        Sec. 235.  For purposes of section 503(a)(3) of this Act, up to
    $15,000,000 may be reprogrammed within ``United States Secret Service--
    Operations and Support''.
        Sec. 236.  <<NOTE: Notification. Time period.>>  Funding made
    available in this Act for ``United States Secret Service--Operations and
    Support'' is available for travel of United States Secret Service
    employees on protective missions without regard to the limitations on
    such expenditures in this or any other Act if the Director of the United
    States Secret Service or a designee notifies the Committees on
    Appropriations of the Senate and the House of Representatives 10 or more
    days in advance, or as early as practicable, prior to such expenditures.

    [[Page 136 STAT. 326]]

                                    TITLE III

                PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY

                Cybersecurity and Infrastructure Security Agency

                             operations and support

        For necessary expenses of the Cybersecurity and Infrastructure
    Security Agency for operations and support, $1,992,527,000, of which
    $36,293,000, shall remain available until September 30, 2023:  Provided,
    That not to exceed $3,825 shall be for official reception and
    representation expenses.

                   procurement, construction, and improvements

        For necessary expenses of the Cybersecurity and Infrastructure
    Security Agency for procurement, construction, and improvements,
    $590,698,000, to remain available until September 30, 2024.

                            research and development

        For necessary expenses of the Cybersecurity and Infrastructure
    Security Agency for research and development, $10,431,000, to remain
    available until September 30, 2023.

                       Federal Emergency Management Agency

                             operations and support

        For necessary expenses of the Federal Emergency Management Agency
    for operations and support, $1,245,859,000:  Provided, That not to
    exceed $2,250 shall be for official reception and representation
    expenses.

                   procurement, construction, and improvements

        For necessary expenses of the Federal Emergency Management Agency
    for procurement, construction, and improvements, $209,985,000, of which
    $98,775,000 shall remain available until September 30, 2024, and of
    which $111,210,000 shall remain available until September 30, 2026:
    Provided, That the Administrator of the Federal Emergency Management
    Agency may use up to $10,400,000 of the amounts made available under
    this heading to acquire and develop real property adjacent to any
    existing training facility currently funded within the Education,
    Training, and Exercises program, project, or activity:  Provided
    further, <<NOTE: Real property.>>  That such acquisition and development
    of real property is only for the purposes of establishing a multi-use
    training facility:  Provided further, That none of the funds made
    available in the first proviso may be used for the management costs
    associated with such real property:  Provided
    further, <<NOTE: Management costs.>>  That such management costs shall
    be made available from funds provided under the heading ``Federal
    Emergency Management Agency--Operations and Support''.

    [[Page 136 STAT. 327]]

                               federal assistance

                          (including transfer of funds)

        For activities of the Federal Emergency Management Agency for
    Federal assistance through grants, contracts, cooperative agreements,
    and other activities, $3,633,199,000, which shall be allocated as
    follows:
                (1) $645,000,000 for the State Homeland Security Grant
            Program under section 2004 of the Homeland Security Act of 2002
            (6 U.S.C. 605), of which $90,000,000 shall be for Operation
            Stonegarden, $15,000,000 shall be for Tribal Homeland Security
            Grants under section 2005 of the Homeland Security Act of 2002
            (6 U.S.C. 606), and $125,000,000 shall be for organizations (as
            described under section 501(c)(3) of the Internal Revenue Code
            of 1986 and exempt from tax under section 501(a) of such code)
            determined by the Secretary of Homeland Security to be at high
            risk of a terrorist attack:  Provided, That <<NOTE: Puerto
            Rico.>>  notwithstanding subsection (c)(4) of such section 2004,
            for fiscal year 2022, the Commonwealth of Puerto Rico shall make
            available to local and tribal governments amounts provided to
            the Commonwealth of Puerto Rico under this paragraph in
            accordance with subsection (c)(1) of such section 2004.
                (2) $740,000,000 for the Urban Area Security Initiative
            under section 2003 of the Homeland Security Act of 2002 (6
            U.S.C. 604), of which $125,000,000 shall be for organizations
            (as described under section 501(c)(3) of the Internal Revenue
            Code of 1986 and exempt from tax under section 501(a) of such
            code) determined by the Secretary of Homeland Security to be at
            high risk of a terrorist attack.
                (3) $105,000,000 for Public Transportation Security
            Assistance, Railroad Security Assistance, and Over-the-Road Bus
            Security Assistance under sections 1406, 1513, and 1532 of the
            Implementing Recommendations of the 9/11 Commission Act of 2007
            (6 U.S.C. 1135, 1163, and 1182), of which $10,000,000 shall be
            for Amtrak security and $2,000,000 shall be for Over-the-Road
            Bus Security:  Provided, That such public transportation
            security assistance shall be provided directly to public
            transportation agencies.
                (4) $100,000,000 for Port Security Grants in accordance with
            section 70107 of title 46, United States Code.
                (5) $720,000,000, to remain available until September 30,
            2023, of which $360,000,000 shall be for Assistance to
            Firefighter Grants and $360,000,000 shall be for Staffing for
            Adequate Fire and Emergency Response Grants under sections 33
            and 34 respectively of the Federal Fire Prevention and Control
            Act of 1974 (15 U.S.C. 2229 and 2229a).
                (6) $355,000,000 for emergency management performance grants
            under the National Flood Insurance Act of 1968 (42 U.S.C. 4001
            et seq.), the Robert T. Stafford Disaster Relief and Emergency
            Assistance Act (42 U.S.C. 5121), the Earthquake Hazards
            Reduction Act of 1977 (42 U.S.C. 7701), section 762 of title 6,
            United States Code, and Reorganization Plan No. 3 of 1978 (5
            U.S.C. App.).
                (7) $275,500,000 for necessary expenses for Flood Hazard
            Mapping and Risk Analysis, in addition to and to supplement

    [[Page 136 STAT. 328]]

            any other sums appropriated under the National Flood Insurance
            Fund, and such additional sums as may be provided by States or
            other political subdivisions for cost-shared mapping activities
            under section 1360(f)(2) of the National Flood Insurance Act of
            1968 (42 U.S.C. 4101(f)(2)), to remain available until expended.
                (8) $12,000,000 for Regional Catastrophic Preparedness
            Grants.
                (9) $12,000,000 for Rehabilitation of High Hazard Potential
            Dams under section 8A of the National Dam Safety Program Act (33
            U.S.C. 467f-2).
                (10) $130,000,000 for the emergency food and shelter program
            under title III of the McKinney-Vento Homeless Assistance Act
            (42 U.S.C. 11331), to remain available until expended:
            Provided, That not to exceed 3.5 percent shall be for total
            administrative costs.
                (11) $40,000,000 for the Next Generation Warning System.
                (12) $205,098,811 for Community Project Funding and
            Congressionally Directed Spending grants, which shall be for the
            purposes, and the amounts, specified in the table entitled
            ``Community Project Funding and Congressionally Directed
            Spending'' under this heading in the explanatory statement
            described in section 4 (in the matter preceding division A of
            this consolidated Act), of which--
                        (A) $150,000, in addition to amounts otherwise made
                    available for such purpose, is for a nonprofit security
                    grant under sections 2003 and 2004 of the Homeland
                    Security Act of 2002 (6 U.S.C. 604 and 605);
                        (B) $49,026,403, in addition to amounts otherwise
                    made available for such purpose, is for emergency
                    operations center grants under section 614 of the Robert
                    T. Stafford Disaster Relief and Emergency Assistance Act
                    (42 U.S.C. 5196c);
                        (C) $153,922,408, in addition to amounts otherwise
                    made available for such purpose, is for pre-disaster
                    mitigation grants under section 203 of the Robert T.
                    Stafford Disaster Relief and Emergency Assistance Act
                    (42 U.S.C. 5133(e), notwithstanding subsections (f),
                    (g), and (l) of that section (42 U.S.C. 5133(f), (g),
                    (l)); and
                        (D) $2,000,000 shall be transferred to ``Federal
                    Emergency Management Agency--Operations and Support'',
                    to manage and administer Community Project Funding and
                    Congressionally Directed Spending grants.
                (13) $293,600,000 to sustain current operations for
            training, exercises, technical assistance, and other programs.

                              disaster relief fund

        For necessary expenses in carrying out the Robert T. Stafford
    Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.),
    $18,799,000,000, to remain available until expended, shall be for major
    disasters declared pursuant to the Robert T. Stafford Disaster Relief
    and Emergency Assistance Act (42 U.S.C. 5121 et seq.) and is designated
    by the Congress as being for disaster relief pursuant to section
    4004(b)(6) and section 4005(f) of S. Con. Res. 14 (117th Congress), the
    concurrent resolution on the budget for fiscal year 2022:  Provided,
    That of the amount provided under

    [[Page 136 STAT. 329]]

    this heading, up to $3,000,000 may be transferred to the Disaster
    Assistance Direct Loan Program Account for administrative expenses
    related to direct loans as authorized under section 417 of the Robert T.
    Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5184).

                          national flood insurance fund

        For activities under the National Flood Insurance Act of 1968 (42
    U.S.C. 4001 et seq.), the Flood Disaster Protection Act of 1973 (42
    U.S.C. 4001 et seq.), the Biggert-Waters Flood Insurance Reform Act of
    2012 (Public Law 112-141, 126 Stat. 916), and the Homeowner Flood
    Insurance Affordability Act of 2014 (Public Law 113-89; 128 Stat. 1020),
    $214,706,000, to remain available until September 30, 2023, which shall
    be derived from offsetting amounts collected under section 1308(d) of
    the National Flood Insurance Act of 1968 (42 U.S.C. 4015(d)); of which
    $15,706,000 shall be available for mission support associated with flood
    management; and of which $199,000,000 shall be available for flood plain
    management and flood mapping:  Provided, That any additional fees
    collected pursuant to section 1308(d) of the National Flood Insurance
    Act of 1968 (42 U.S.C. 4015(d)) shall be credited as offsetting
    collections to this account, to be available for flood plain management
    and flood mapping:  Provided further, That in fiscal year 2022, no funds
    shall be available from the National Flood Insurance Fund under section
    1310 of the National Flood Insurance Act of 1968 (42 U.S.C. 4017) in
    excess of--
                (1) $197,393,000 for operating expenses and salaries and
            expenses associated with flood insurance operations;
                (2) $876,743,000 for commissions and taxes of agents;
                (3) such sums as are necessary for interest on Treasury
            borrowings; and
                (4) $175,000,000, which shall remain available until
            expended, for flood mitigation actions and for flood mitigation
            assistance under section 1366 of the National Flood Insurance
            Act of 1968 (42 U.S.C. 4104c), notwithstanding sections 1366(e)
            and 1310(a)(7) of such Act (42 U.S.C. 4104c(e), 4017):

      Provided further, That the amounts collected under section 102 of the
    Flood Disaster Protection Act of 1973 (42 U.S.C. 4012a) and section
    1366(e) of the National Flood Insurance Act of 1968 (42 U.S.C.
    4104c(e)), shall be deposited in the National Flood Insurance Fund to
    supplement other amounts specified as available for section 1366 of the
    National Flood Insurance Act of 1968, notwithstanding section 102(f)(8),
    section 1366(e) of the National Flood Insurance Act of 1968, and
    paragraphs (1) through (3) of section 1367(b) of such Act (42 U.S.C.
    4012a(f)(8), 4104c(e), 4104d(b)(1)-(3)):  Provided further, That total
    administrative costs shall not exceed 4 percent of the total
    appropriation:  Provided further, That up to $5,000,000 is available to
    carry out section 24 of the Homeowner Flood Insurance Affordability Act
    of 2014 (42 U.S.C. 4033).

                            Administrative Provisions

        Sec. 301. <<NOTE: Awards.>>  (a) Funds made available under the
    heading ``Cybersecurity and Infrastructure Security Agency--Operations
    and Support'' may be made available for the necessary expenses of
    carrying out the competition specified in section 2(e) of Executive
    Order

    [[Page 136 STAT. 330]]

    No. 13870 (May 2, 2019), including the provision of monetary and non-
    monetary awards for Federal civilian employees and members of the
    uniformed services, the necessary expenses for the honorary recognition
    of any award recipients, and activities to encourage participation in
    the competition, including promotional items.

        (b) Any awards made pursuant to this section shall be of the same
    type and amount as those authorized under sections 4501 through 4505 of
    title 5, United States Code.
        Sec. 302.  Funds made available under the heading ``Cybersecurity
    and Infrastructure Security Agency--Operations and Support'' may be made
    available for the necessary expenses of procuring or providing access to
    cybersecurity threat feeds for branches, agencies, independent agencies,
    corporations, establishments, and instrumentalities of the Federal
    government of the United States, state, local, tribal, and territorial
    government entities, fusion centers as described in section 210A of the
    Homeland Security Act (6 U.S.C. 124h), and Information Sharing and
    Analysis Organizations.
        Sec. 303. <<NOTE: Grants.>>  (a) Notwithstanding section 2008(a)(12)
    of the Homeland Security Act of 2002 (6 U.S.C. 609(a)(12)) or any other
    provision of law, not more than 5 percent of the amount of a grant made
    available in paragraphs (1) through (4) under ``Federal Emergency
    Management Agency--Federal Assistance'', may be used by the recipient
    for expenses directly related to administration of the grant.

        (b) <<NOTE: Applicability. Determination.>>  The authority provided
    in subsection (a) shall also apply to a recipient for the administration
    of a grant under such paragraphs (1) and (2) for organizations described
    under section 501(c)(3) of the Internal Revenue Code of 1986 and exempt
    from tax under section 501(a) of such code that are determined by the
    Secretary of Homeland Security to be at high risk of a terrorist attack.

        Sec. 304.  <<NOTE: Grants. Deadlines.>>  Applications for grants
    under the heading ``Federal Emergency Management Agency--Federal
    Assistance'', for paragraphs (1) through (4), shall be made available to
    eligible applicants not later than 60 days after the date of enactment
    of this Act, eligible applicants shall submit applications not later
    than 80 days after the grant announcement, and the Administrator of the
    Federal Emergency Management Agency shall act within 65 days after the
    receipt of an application.

        Sec. 305.  <<NOTE: Grants. Briefing. Time period. Public
    information.>>  Under the heading ``Federal Emergency Management
    Agency--Federal Assistance'', for grants under paragraphs (1) through
    (4), (8), and (9), the Administrator of the Federal Emergency Management
    Agency shall brief the Committees on Appropriations of the Senate and
    the House of Representatives 5 full business days in advance of
    announcing publicly the intention of making an award.

        Sec. 306.  <<NOTE: Grants.>>  Under the heading ``Federal Emergency
    Management Agency--Federal Assistance'', for grants under paragraphs (1)
    and (2), the installation of communications towers is not considered
    construction of a building or other physical facility.

        Sec. 307.  <<NOTE: Applicability.>>  The reporting requirements in
    paragraphs (1) and (2) under the heading ``Federal Emergency Management
    Agency--Disaster Relief Fund'' in the Department of Homeland Security
    Appropriations Act, 2015 (Public Law 114-4) shall be applied in fiscal
    year 2022 with respect to budget year 2023 and current fiscal year 2022,
    respectively--
                (1) in paragraph (1) by substituting ``fiscal year 2023''
            for ``fiscal year 2016''; and

    [[Page 136 STAT. 331]]

                (2) in paragraph (2) by inserting ``business'' after
            ``fifth''.

        Sec. 308.  <<NOTE: Grants. Waiver authority.>>  In making grants
    under the heading ``Federal Emergency Management Agency--Federal
    Assistance'', for Staffing for Adequate Fire and Emergency Response
    grants, the Administrator of the Federal Emergency Management Agency may
    grant waivers from the requirements in subsections (a)(1)(A), (a)(1)(B),
    (a)(1)(E), (c)(1), (c)(2), and (c)(4) of section 34 of the Federal Fire
    Prevention and Control Act of 1974 (15 U.S.C. 2229a).

        Sec. 309. <<NOTE: Fees.>>  (a) The aggregate charges assessed during
    fiscal year 2022 , as authorized in title III of the Departments of
    Veterans Affairs and Housing and Urban Development, and Independent
    Agencies Appropriations Act, 1999 (42 U.S.C. 5196e), shall not be less
    than 100 percent of the amounts anticipated by the Department of
    Homeland Security to be necessary for its Radiological Emergency
    Preparedness Program for the next fiscal year.

        (b) The methodology for assessment and collection of fees shall be
    fair and equitable and shall reflect costs of providing such services,
    including administrative costs of collecting such fees.
        (c) <<NOTE: Effective date.>>  Such fees shall be deposited in a
    Radiological Emergency Preparedness Program account as offsetting
    collections and will become available for authorized purposes on October
    1, 2022, and remain available until expended.

        Sec. 310.  <<NOTE: Grants. Waiver authority.>>  In making grants
    under the heading ``Federal Emergency Management Agency--Federal
    Assistance'', for Assistance to Firefighter Grants, the Administrator of
    the Federal Emergency Management Agency may waive subsection (k) of
    section 33 of the Federal Fire Prevention and Control Act of 1974 (15
    U.S.C. 2229).

        Sec. 311. <<NOTE: Time period.>>  (a) Notwithstanding sections
    403(b), 403(c)(4), 404(a), 406(b), 407(d), 408(g)(2), 428(e)(2)(B), and
    503(a) of the Robert T. Stafford Disaster Relief and Emergency
    Assistance Act (42 U.S.C. 5121 et seq.), for any emergency or major
    disaster declared by the President under such Act with a declaration
    occurring or an incident period beginning between January 1, 2020, and
    December 31, 2021, the Federal share of assistance, including direct
    Federal assistance, provided under such sections shall be not less than
    90 percent of the eligible cost of such assistance.

        (b) Amounts repurposed pursuant to this section that were previously
    designated by the Congress as an emergency requirement or as being for
    disaster relief pursuant to the Balanced Budget and Emergency Deficit
    Control Act of 1985 or a concurrent resolution on the budget are
    designated by the Congress as being for an emergency requirement
    pursuant to section 4001(a)(1) and section 4001(b) of S. Con. Res. 14
    (117th Congress), the concurrent resolution on the budget for fiscal
    year 2022, or as being for disaster relief pursuant to section
    4004(b)(6) and section 4005(f) of S. Con. Res. 14 (117th Congress), the
    concurrent resolution on the budget for fiscal year 2022.
        (c) <<NOTE: Applicability.>>  Subsection (a) shall apply with
    respect to fiscal year 2022 and each fiscal year thereafter.

    [[Page 136 STAT. 332]]

                                    TITLE IV

                  RESEARCH, DEVELOPMENT, TRAINING, AND SERVICES

                    U.S. Citizenship and Immigration Services

                             operations and support

        For necessary expenses of U.S. Citizenship and Immigration Services
    for operations and support, including for the E-Verify Program,
    application processing, the reduction of backlogs within asylum, field,
    and service center offices, and support of the refugee program;
    $389,504,000, of which $87,619,000 shall remain available until
    September 30, 2023:  Provided, That such amounts shall be in addition to
    any other amounts made available for such purposes, and shall not be
    construed to require any reduction of any fee described in section
    286(m) of the Immigration and Nationality Act (8 U.S.C. 1356(m)):
    Provided further, That not to exceed $2,500 shall be for official
    reception and representation expenses.

                               federal assistance

        For necessary expenses of U.S. Citizenship and Immigration Services
    for Federal assistance for the Citizenship and Integration Grant
    Program, $20,000,000.

                    Federal Law Enforcement Training Centers

                             operations and support

        For necessary expenses of the Federal Law Enforcement Training
    Centers for operations and support, including the purchase of not to
    exceed 117 vehicles for police-type use and hire of passenger motor
    vehicles, and services as authorized by section 3109 of title 5, United
    States Code, $322,436,000, of which $61,618,000 shall remain available
    until September 30, 2023:  Provided, That not to exceed $7,180 shall be
    for official reception and representation expenses.

                   procurement, construction, and improvements

        For necessary expenses of the Federal Law Enforcement Training
    Centers for procurement, construction, and improvements, $33,200,000, to
    remain available until September 30, 2026, for acquisition of necessary
    additional real property and facilities, construction and ongoing
    maintenance, facility improvements and related expenses of the Federal
    Law Enforcement Training Centers.

                       Science and Technology Directorate

                             operations and support

        For necessary expenses of the Science and Technology Directorate for
    operations and support, including the purchase or lease of not to exceed
    5 vehicles, $330,590,000, of which $196,624,000 shall remain available
    until September 30, 2023:  Provided, That not to exceed $10,000 shall be
    for official reception and representation expenses.

    [[Page 136 STAT. 333]]

                   procurement, construction, and improvements

        For necessary expenses of the Science and Technology Directorate for
    procurement, construction, and improvements, $12,859,000, to remain
    available until September 30, 2026.

                            research and development

        For necessary expenses of the Science and Technology Directorate for
    research and development, $542,954,000, to remain available until
    September 30, 2024.

                  Countering Weapons of Mass Destruction Office

                             operations and support

        For necessary expenses of the Countering Weapons of Mass Destruction
    Office for operations and support, $176,750,000, of which $50,156,000
    shall remain available until September 30, 2023:  Provided, That not to
    exceed $2,250 shall be for official reception and representation
    expenses.

                   procurement, construction, and improvements

        For necessary expenses of the Countering Weapons of Mass Destruction
    Office for procurement, construction, and improvements, $76,604,000, to
    remain available until September 30, 2024.

                            research and development

        For necessary expenses of the Countering Weapons of Mass Destruction
    Office for research and development, $65,709,000, to remain available
    until September 30, 2024.

                               federal assistance

        For necessary expenses of the Countering Weapons of Mass Destruction
    Office for Federal assistance through grants, contracts, cooperative
    agreements, and other activities, $132,948,000, to remain available
    until September 30, 2024.

                            Administrative Provisions

        Sec. 401. (a) Notwithstanding any other provision of law, funds
    otherwise made available to U.S. Citizenship and Immigration Services
    may be used to acquire, operate, equip, and dispose of up to 5 vehicles,
    for replacement only, for areas where the Administrator of General
    Services does not provide vehicles for lease.
        (b) The Director of U.S. Citizenship and Immigration Services may
    authorize employees who are assigned to those areas to use such vehicles
    to travel between the employees' residences and places of employment.
        Sec. 402.  None of the funds appropriated by this Act may be used to
    process or approve a competition under Office of Management and Budget
    Circular A-76 for services provided by employees (including employees
    serving on a temporary or term basis) of U.S. Citizenship and
    Immigration Services of the Department of Homeland Security who are
    known as Immigration Information

    [[Page 136 STAT. 334]]

    Officers, Immigration Service Analysts, Contact Representatives,
    Investigative Assistants, or Immigration Services Officers.
        Sec. 403.  <<NOTE: Applicability. 8 USC 1377a note.>>  The terms and
    conditions of section 403 of the Department of Homeland Security
    Appropriations Act, 2020 (division D of Public Law 116-93) shall apply
    to this Act.

        Sec. 404.  <<NOTE: Biometrics.>>  Notwithstanding the seventh
    proviso under the heading ``Immigration and Naturalization Service--
    Salaries and Expenses'' in Public Law 105-119 (relating to FD-258
    fingerprint cards), or any other provision of law, any Federal funds
    made available to U.S. Citizenship and Immigration Services may be used
    for the collection and use of biometrics taken at a U.S. Citizenship and
    Immigration Services Application Support Center that is overseen
    virtually by U.S. Citizenship and Immigration Services personnel using
    appropriate technology.

        Sec. 405.  The Director of the Federal Law Enforcement Training
    Centers is authorized to distribute funds to Federal law enforcement
    agencies for expenses incurred participating in training accreditation.
        Sec. 406.  The Federal Law Enforcement Training Accreditation Board,
    including representatives from the Federal law enforcement community and
    non-Federal accreditation experts involved in law enforcement training,
    shall lead the Federal law enforcement training accreditation process to
    continue the implementation of measuring and assessing the quality and
    effectiveness of Federal law enforcement training programs, facilities,
    and instructors.
        Sec. 407. (a) The Director of the Federal Law Enforcement Training
    Centers may accept transfers to its ``Procurement, Construction, and
    Improvements'' account from Government agencies requesting the
    construction of special use facilities, as authorized by the Economy Act
    (31 U.S.C. 1535(b)).
        (b) The Federal Law Enforcement Training Centers shall maintain
    administrative control and ownership upon completion of such facilities.
        Sec. 408.  The functions of the Federal Law Enforcement Training
    Centers instructor staff shall be classified as inherently governmental
    for purposes of the Federal Activities Inventory Reform Act of 1998 (31
    U.S.C. 501 note).

                                     TITLE V

                               GENERAL PROVISIONS

                 (including transfers and rescissions of funds)

        Sec. 501.  No part of any appropriation contained in this Act shall
    remain available for obligation beyond the current fiscal year unless
    expressly so provided herein.
        Sec. 502.  Subject to the requirements of section 503 of this Act,
    the unexpended balances of prior appropriations provided for activities
    in this Act may be transferred to appropriation accounts for such
    activities established pursuant to this Act, may be merged with funds in
    the applicable established accounts, and thereafter may be accounted for
    as one fund for the same time period as originally enacted.
        Sec. 503. <<NOTE: Notifications. Time periods.>>  (a) None of the
    funds provided by this Act, provided by previous appropriations Acts to
    the components in or transferred to the Department of Homeland Security
    that remain available

    [[Page 136 STAT. 335]]

    for obligation or expenditure in fiscal year 2022, or provided from any
    accounts in the Treasury of the United States derived by the collection
    of fees available to the components funded by this Act, shall be
    available for obligation or expenditure through a reprogramming of funds
    that--
                (1) creates or eliminates a program, project, or activity,
            or increases funds for any program, project, or activity for
            which funds have been denied or restricted by the Congress;
                (2) <<NOTE: Contracts.>>  contracts out any function or
            activity presently performed by Federal employees or any new
            function or activity proposed to be performed by Federal
            employees in the President's budget proposal for fiscal year
            2022 for the Department of Homeland Security;
                (3) augments funding for existing programs, projects, or
            activities in excess of $5,000,000 or 10 percent, whichever is
            less;
                (4) reduces funding for any program, project, or activity,
            or numbers of personnel, by 10 percent or more; or
                (5) results from any general savings from a reduction in
            personnel that would result in a change in funding levels for
            programs, projects, or activities as approved by the Congress.

        (b) Subsection (a) shall not apply if the Committees on
    Appropriations of the Senate and the House of Representatives are
    notified at least 15 days in advance of such reprogramming.
        (c) Up to 5 percent of any appropriation made available for the
    current fiscal year for the Department of Homeland Security by this Act
    or provided by previous appropriations Acts may be transferred between
    such appropriations if the Committees on Appropriations of the Senate
    and the House of Representatives are notified at least 30 days in
    advance of such transfer, but no such appropriation, except as otherwise
    specifically provided, shall be increased by more than 10 percent by
    such transfer.
        (d) <<NOTE: Termination date.>>  Notwithstanding subsections (a),
    (b), and (c), no funds shall be reprogrammed within or transferred
    between appropriations based upon an initial notification provided after
    June 30, except in extraordinary circumstances that imminently threaten
    the safety of human life or the protection of property.

        (e) <<NOTE: Applicability.>>  The notification thresholds and
    procedures set forth in subsections (a), (b), (c), and (d) shall apply
    to any use of deobligated balances of funds provided in previous
    Department of Homeland Security Appropriations Acts that remain
    available for obligation in the current year.

        (f) Notwithstanding subsection (c), the Secretary of Homeland
    Security may transfer to the fund established by 8 U.S.C. 1101 note, up
    to $20,000,000 from appropriations available to the Department of
    Homeland Security:  Provided, That the Secretary shall notify the
    Committees on Appropriations of the Senate and the House of
    Representatives at least 5 days in advance of such transfer.
        Sec. 504. <<NOTE: Applicability. 31 USC 501 note.>>  (a) Section 504
    of the Department of Homeland Security Appropriations Act, 2017
    (division F of Public Law 115-31), related to the operations of a
    working capital fund, shall apply with respect to funds made available
    in this Act in the same manner as such section applied to funds made
    available in that Act.

        (b) Funds from such working capital fund may be obligated and
    expended in anticipation of reimbursements from components of the
    Department of Homeland Security.

    [[Page 136 STAT. 336]]

        Sec. 505. <<NOTE: Deadline.>>  (a) Except as otherwise specifically
    provided by law, not to exceed 50 percent of unobligated balances
    remaining available at the end of fiscal year 2022, as recorded in the
    financial records at the time of a reprogramming notification, but not
    later than June 30, 2023, from appropriations for ``Operations and
    Support'' for fiscal year 2022 in this Act shall remain available
    through September 30, 2023, in the account and for the purposes for
    which the appropriations were provided.

        (b) <<NOTE: Notification.>>  Prior to the obligation of such funds,
    a notification shall be submitted to the Committees on Appropriations of
    the Senate and the House of Representatives in accordance with section
    503 of this Act.

        Sec. 506. (a) Funds made available by this Act for intelligence
    activities are deemed to be specifically authorized by the Congress for
    purposes of section 504 of the National Security Act of 1947 (50 U.S.C.
    414) during fiscal year 2022 until the enactment of an Act authorizing
    intelligence activities for fiscal year 2022.
        (b) Amounts described in subsection (a) made available for
    ``Intelligence, Analysis, and Operations Coordination--Operations and
    Support'' that exceed the amounts in such authorization for such account
    shall be transferred to and merged with amounts made available under the
    heading ``Management Directorate--Operations and Support''.
        (c) <<NOTE: Briefing. Plan.>>  Prior to the obligation of any funds
    transferred under subsection (b), the Management Directorate shall brief
    the Committees on Appropriations of the Senate and the House of
    Representatives on a plan for the use of such funds.

        Sec.
    507. <<NOTE: Notifications. Deadlines. Grants. Contracts. Public
    information.>>  (a) The Secretary of Homeland Security, or the designee
    of the Secretary, shall notify the Committees on Appropriations of the
    Senate and the House of Representatives at least 3 full business days in
    advance of--
                (1) making or awarding a grant allocation or grant in excess
            of $1,000,000;
                (2) making or awarding a contract, other transaction
            agreement, or task or delivery order on a Department of Homeland
            Security multiple award contract, or to issue a letter of intent
            totaling in excess of $4,000,000;
                (3) awarding a task or delivery order requiring an
            obligation of funds in an amount greater than $10,000,000 from
            multi-year Department of Homeland Security funds;
                (4) making a sole-source grant award; or
                (5) announcing publicly the intention to make or award items
            under paragraph (1), (2), (3), or (4), including a contract
            covered by the Federal Acquisition Regulation.

        (b) <<NOTE: Determination. Deadline.>>  If the Secretary of Homeland
    Security determines that compliance with this section would pose a
    substantial risk to human life, health, or safety, an award may be made
    without notification, and the Secretary shall notify the Committees on
    Appropriations of the Senate and the House of Representatives not later
    than 5 full business days after such an award is made or letter issued.

        (c) A notification under this section--
                (1) may not involve funds that are not available for
            obligation; and
                (2) shall include the amount of the award; the fiscal year
            for which the funds for the award were appropriated; the type of
            contract; and the account from which the funds are being drawn.

    [[Page 136 STAT. 337]]

        Sec. 508.  <<NOTE: Notification. Contracts.>>  Notwithstanding any
    other provision of law, no agency shall purchase, construct, or lease
    any additional facilities, except within or contiguous to existing
    locations, to be used for the purpose of conducting Federal law
    enforcement training without advance notification to the Committees on
    Appropriations of the Senate and the House of Representatives, except
    that the Federal Law Enforcement Training Centers is authorized to
    obtain the temporary use of additional facilities by lease, contract, or
    other agreement for training that cannot be accommodated in existing
    Centers' facilities.

        Sec. 509.  None of the funds appropriated or otherwise made
    available by this Act may be used for expenses for any construction,
    repair, alteration, or acquisition project for which a prospectus
    otherwise required under chapter 33 of title 40, United States Code, has
    not been approved, except that necessary funds may be expended for each
    project for required expenses for the development of a proposed
    prospectus.
        Sec. 510.  <<NOTE: Applicability.>>  Sections 520, 522, and 530 of
    the Department of Homeland Security Appropriations Act, 2008 (division E
    of Public Law 110-161; 121 Stat. 2073 and 2074) shall apply with respect
    to funds made available in this Act in the same manner as such sections
    applied to funds made available in that Act.

        Sec. 511. (a) None of the funds made available in this Act may be
    used in contravention of the applicable provisions of the Buy American
    Act.
        (b) <<NOTE: Definition.>>  For purposes of subsection (a), the term
    ``Buy American Act'' means chapter 83 of title 41, United States Code.

        Sec. 512.  None of the funds made available in this Act may be used
    to amend the oath of allegiance required by section 337 of the
    Immigration and Nationality Act (8 U.S.C. 1448).
        Sec. 513. (a) None of the funds provided or otherwise made available
    in this Act shall be available to carry out section 872 of the Homeland
    Security Act of 2002 (6 U.S.C. 452) unless explicitly authorized by the
    Congress.
        (b) Subsection (a) shall not apply to--
                (1) the use of such section 872 to establish an office
            within the Office of the Secretary that shall, for departmental
            workforce health, safety, and medical functions and activities--
                        (A) develop departmental policies;
                        (B) establish standards;
                        (C) provide technical assistance;
                        (D) conduct oversight; and
                        (E) serve as the primary liaison and coordinator;
                    and
                (2) the reallocation to an office established under
            paragraph (1) of--
                        (A) the position and responsibilities of the Chief
                    Medical Officer and related personnel from the
                    Countering Weapons of Mass Destruction Office;
                        (B) the personnel, functions, and responsibilities
                    related to departmental workforce health and medical
                    activities from the Under Secretary for Management as
                    authorized in section 710 of the Homeland Security Act,
                    and related safety activities; and
                        (C) the responsibility of carrying out the program
                    authorized by section 528 of the Homeland Security Act
                    and related personnel.

    [[Page 136 STAT. 338]]

        (c) The Secretary of Homeland Security may transfer funds made
    available in this Act under the headings ``Management Directorate'' and
    ``Countering Weapons of Mass Destruction Office'' consistent with the
    establishment of the office and the reallocations of functions,
    positions, and responsibilities described in subsection (b).
        (d) <<NOTE: Notification. Time period.>>  The Secretary shall submit
    a notification to the Committees on Appropriations of the Senate and the
    House of Representatives, the Committee on Homeland Security of the
    House of Representatives, and the Homeland Security and Governmental
    Affairs Committee of the Senate at least 15 days prior to the
    establishment of the office described in subsection (b).

        (e) The functions of the office described in subsection (b) shall
    not include chemical, biological, radiological, and nuclear programs of
    the Countering Weapons of Mass Destruction Office and the transfer of
    funds described in subsection (c) shall not include funding appropriated
    for such programs.
        Sec. 514.  <<NOTE: National identification card.>>  None of the
    funds made available in this Act may be used for planning, testing,
    piloting, or developing a national identification card.

        Sec. 515.  <<NOTE: Delegation authority.>>  Any official that is
    required by this Act to report or to certify to the Committees on
    Appropriations of the Senate and the House of Representatives may not
    delegate such authority to perform that act unless specifically
    authorized herein.

        Sec. 516.  None of the funds made available in this Act may be used
    for first-class travel by the employees of agencies funded by this Act
    in contravention of sections 301-10.122 through 301-10.124 of title 41,
    Code of Federal Regulations.
        Sec. 517.  None of the funds made available in this Act may be used
    to employ workers described in section 274A(h)(3) of the Immigration and
    Nationality Act (8 U.S.C. 1324a(h)(3)).
        Sec. 518.  <<NOTE: Contracts.>>  Notwithstanding any other provision
    of this Act, none of the funds appropriated or otherwise made available
    by this Act may be used to pay award or incentive fees for contractor
    performance that has been judged to be below satisfactory performance or
    performance that does not meet the basic requirements of a contract.

        Sec. 519.  <<NOTE: Contracts.>>  None of the funds appropriated or
    otherwise made available by this Act may be used by the Department of
    Homeland Security to enter into any Federal contract unless such
    contract is entered into in accordance with the requirements of subtitle
    I of title 41, United States Code, or chapter 137 of title 10, United
    States Code, and the Federal Acquisition Regulation, unless such
    contract is otherwise authorized by statute to be entered into without
    regard to the above referenced statutes.

        Sec. 520. <<NOTE: Pornography.>>  (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.  <<NOTE: Firearms.>>  None of the funds made available in
    this Act may be used by a Federal law enforcement officer to facilitate
    the transfer of an operable firearm to an individual if the Federal law
    enforcement officer knows or suspects that the individual is

    [[Page 136 STAT. 339]]

    an agent of a drug cartel unless law enforcement personnel of the United
    States continuously monitor or control the firearm at all times.

        Sec. 522. <<NOTE: Conference
    attendees. Determination. Notification. Deadline.>>  (a) None of the
    funds made available in this Act may be used to pay for the travel to or
    attendance of more than 50 employees of a single component of the
    Department of Homeland Security, who are stationed in the United States,
    at a single international conference unless the Secretary of Homeland
    Security, or a designee, determines that such attendance is in the
    national interest and notifies the Committees on Appropriations of the
    Senate and the House of Representatives within at least 10 days of that
    determination and the basis for that determination.

        (b) <<NOTE: Definition.>>  For purposes of this section the term
    ``international conference'' shall mean a conference occurring outside
    of the United States attended by representatives of the United States
    Government and of foreign governments, international organizations, or
    nongovernmental organizations.

        (c) The total cost to the Department of Homeland Security of any
    such conference shall not exceed $500,000.
        (d) Employees who attend a conference virtually without travel away
    from their permanent duty station within the United States shall not be
    counted for purposes of this section, and the prohibition contained in
    this section shall not apply to payments for the costs of attendance for
    such employees.
        Sec. 523.  None of the funds made available in this Act may be used
    to reimburse any Federal department or agency for its participation in a
    National Special Security Event.
        Sec. 524. <<NOTE: Pay reform. Employment positions. Time
    period. Effective date. Notification.>>  (a) None of the funds made
    available to the Department of Homeland Security by this or any other
    Act may be obligated for the implementation of any structural pay reform
    or the introduction of any new position classification that will affect
    more than 100 full-time positions or costs more than $5,000,000 in a
    single year before the end of the 30-day period beginning on the date on
    which the Secretary of Homeland Security submits to Congress a
    notification that includes--
                (1) the number of full-time positions affected by such
            change;
                (2) funding required for such change for the current fiscal
            year and through the Future Years Homeland Security Program;
                (3) justification for such change; and
                (4) <<NOTE: Analysis.>>  for a structural pay reform, an
            analysis of compensation alternatives to such change that were
            considered by the Department.

        (b) Subsection (a) shall not apply to such change if--
                (1) it was proposed in the President's budget proposal for
            the fiscal year funded by this Act; and
                (2) funds for such change have not been explicitly denied or
            restricted in this Act.

        Sec. 525. <<NOTE: Web posting. Public
    information. Reports. Determination.>>  (a) Any agency receiving funds
    made available in this Act shall, subject to subsections (b) and (c),
    post on the public website of that agency any report required to be
    submitted by the Committees on Appropriations of the Senate and the
    House of Representatives in this Act, upon the determination by the head
    of the agency that it shall serve the national interest.

        (b) Subsection (a) shall not apply to a report if--

    [[Page 136 STAT. 340]]

                (1) the public posting of the report compromises homeland or
            national security; or
                (2) the report contains proprietary information.

        (c) <<NOTE: Time period.>>  The head of the agency posting such
    report shall do so only after such report has been made available to the
    Committees on Appropriations of the Senate and the House of
    Representatives for not less than 45 days except as otherwise specified
    in law.

        Sec. 526. (a) Funding provided in this Act for ``Operations and
    Support'' may be used for minor procurement, construction, and
    improvements.
        (b) For purposes of subsection (a), ``minor'' refers to end items
    with a unit cost of $250,000 or less for personal property, and
    $2,000,000 or less for real property.
        Sec. 527.  <<NOTE: Continuation.>>  The authority provided by
    section 532 of the Department of Homeland Security Appropriations Act,
    2018 (Public Law 115-141) regarding primary and secondary schooling of
    dependents shall continue in effect during fiscal year 2022.

        Sec. 528. (a) For an additional amount for ``Federal Emergency
    Management Agency--Federal Assistance'', $3,000,000, to remain available
    until September 30, 2023, exclusively for providing reimbursement of
    extraordinary law enforcement or other emergency personnel costs for
    protection activities directly and demonstrably associated with any
    residence of the President that is designated or identified to be
    secured by the United States Secret Service.
        (b) <<NOTE: Applicability.>>  Subsections (b) through (f) of section
    534 of the Department of Homeland Security Appropriations Act, 2018
    (Public Law 115-141), shall be applied with respect to amounts made
    available by subsection (a) of this section by substituting ``October 1,
    2022'' for ``October 1, 2018'' and ``October 1, 2021'' for ``October 1,
    2017''.

        Sec. 529. <<NOTE: Applicability. 6 USC 391 note.>>  (a) Section 831
    of the Homeland Security Act of 2002 (6 U.S.C. 391) shall be applied--
                (1) In subsection (a), by substituting ``September 30,
            2022,'' for ``September 30, 2017,''; and
                (2) In subsection (c)(1), by substituting ``September 30,
            2022,'' for ``September 30, 2017''.

        (b) The Secretary of Homeland Security, under the authority of
    section 831 of the Homeland Security Act of 2002 (6 U.S.C. 391(a)), may
    carry out prototype projects under section 2371b of title 10, United
    States Code, and the Secretary shall perform the functions of the
    Secretary of Defense as prescribed.
        (c) The Secretary of Homeland Security under section 831 of the
    Homeland Security Act of 2002 (6 U.S.C. 391(d)) may use the definition
    of nontraditional government contractor as defined in section 2371b(e)
    of title 10, United States Code.
        Sec. 530. <<NOTE: Aliens.>>  (a) None of the funds appropriated or
    otherwise made available to the Department of Homeland Security by this
    Act may be used to prevent any of the following persons from entering,
    for the purpose of conducting oversight, any facility operated by or for
    the Department of Homeland Security used to detain or otherwise house
    aliens, or to make any temporary modification at any such facility that
    in any way alters what is observed by a visiting Member of Congress or
    such designated employee, compared to what would be observed in the
    absence of such modification:
                (1) A Member of Congress.

    [[Page 136 STAT. 341]]

                (2) An employee of the United States House of
            Representatives or the United States Senate designated by such a
            Member for the purposes of this section.

        (b) Nothing in this section may be construed to require a Member of
    Congress to provide prior notice of the intent to enter a facility
    described in subsection (a) for the purpose of conducting oversight.
        (c) <<NOTE: Time period.>>  With respect to individuals described in
    subsection (a)(2), the Department of Homeland Security may require that
    a request be made at least 24 hours in advance of an intent to enter a
    facility described in subsection (a).

        Sec. 531. <<NOTE: Pregnant women. Determinations.>>  (a) Except as
    provided in subsection (b), none of the funds made available in this Act
    may be used to place restraints on a woman in the custody of the
    Department of Homeland Security (including during transport, in a
    detention facility, or at an outside medical facility) who is pregnant
    or in post-delivery recuperation.

        (b) Subsection (a) shall not apply with respect to a pregnant woman
    if--
                (1) an appropriate official of the Department of Homeland
            Security makes an individualized determination that the woman--
                        (A) is a serious flight risk, and such risk cannot
                    be prevented by other means; or
                        (B) poses an immediate and serious threat to harm
                    herself or others that cannot be prevented by other
                    means; or
                (2) a medical professional responsible for the care of the
            pregnant woman determines that the use of therapeutic restraints
            is appropriate for the medical safety of the woman.

        (c) If a pregnant woman is restrained pursuant to subsection (b),
    only the safest and least restrictive restraints, as determined by the
    appropriate medical professional treating the woman, may be used. In no
    case may restraints be used on a woman who is in active labor or
    delivery, and in no case may a pregnant woman be restrained in a face-
    down position with four-point restraints, on her back, or in a restraint
    belt that constricts the area of the pregnancy. A pregnant woman who is
    immobilized by restraints shall be positioned, to the maximum extent
    feasible, on her left side.
        Sec. 532. <<NOTE: Records.>>  (a) None of the funds made available
    by this Act may be used to destroy any document, recording, or other
    record pertaining to any--
                (1) death of,
                (2) potential sexual assault or abuse perpetrated against,
            or
                (3) allegation of abuse, criminal activity, or disruption
            committed by

    an individual held in the custody of the Department of Homeland
    Security.
        (b) The records referred to in subsection (a) shall be made
    available, in accordance with applicable laws and regulations, and
    Federal rules governing disclosure in litigation, to an individual who
    has been charged with a crime, been placed into segregation, or
    otherwise punished as a result of an allegation described in paragraph
    (3), upon the request of such individual.
        Sec. 533.  <<NOTE: Applicability.>>  Section 519 of division F of
    Public Law 114-113, regarding a prohibition on funding for any position
    designated

    [[Page 136 STAT. 342]]

    as a Principal Federal Official, shall apply with respect to any Federal
    funds in the same manner as such section applied to funds made available
    in that Act.

        Sec. 534.  <<NOTE: Deadline. Budget submission. Proposals.>>  Within
    60 days of any budget submission for the Department of Homeland Security
    for fiscal year 2023 that assumes revenues or proposes a reduction from
    the previous year based on user fees proposals that have not been
    enacted into law prior to the submission of the budget, the Secretary of
    Homeland Security shall provide the Committees on Appropriations of the
    Senate and the House of Representatives specific reductions in proposed
    discretionary budget authority commensurate with the revenues assumed in
    such proposals in the event that they are not enacted prior to October
    1, 2022.

        Sec. 535.  <<NOTE: Resolution.>>  None of the funds made available
    by this Act may be obligated or expended to implement the Arms Trade
    Treaty until the Senate approves a resolution of ratification for the
    Treaty.

        Sec. 536. <<NOTE: Reports.>>  (a) Not later than 10 days after the
    date on which the budget of the President for a fiscal year is submitted
    to Congress pursuant to section 1105(a) of title 31, United States Code,
    the Under Secretary for Management of Homeland Security shall submit to
    the Committees on Appropriations of the Senate and the House of
    Representatives a report on the unfunded priorities, for the Department
    of Homeland Security and separately for each departmental component, for
    which discretionary funding would be classified as budget function 050.

        (b) Each report under this section shall specify, for each such
    unfunded priority--
                (1) <<NOTE: Summary.>>  a summary description, including the
            objectives to be achieved if such priority is funded (whether in
            whole or in part);
                (2) the description, including the objectives to be achieved
            if such priority is funded (whether in whole or in part);
                (3) account information, including the following (as
            applicable):
                        (A) appropriation account; and
                        (B) program, project, or activity name; and
                (4) the additional number of full-time or part-time
            positions to be funded as part of such priority.

        (c) <<NOTE: Definition.>>  In this section, the term ``unfunded
    priority'', in the case of a fiscal year, means a requirement that--
                (1) is not funded in the budget referred to in subsection
            (a);
                (2) is necessary to fulfill a requirement associated with an
            operational or contingency plan for the Department; and
                (3) would have been recommended for funding through the
            budget referred to in subsection (a) if--
                        (A) additional resources had been available for the
                    budget to fund the requirement;
                        (B) the requirement has emerged since the budget was
                    formulated; or
                        (C) the requirement is necessary to sustain prior-
                    year investments.

        Sec.
    537. <<NOTE: Deadlines. Determination. President. Evaluation. Notificatio
    ns. Threat assessments.>>  (a) Not later than 10 days after a
    determination is made by the President to evaluate and initiate
    protection under any authority for a former or retired Government
    official or employee, or for an individual who, during the duration of
    the directed protection, will become a former or retired Government

    [[Page 136 STAT. 343]]

    official or employee (referred to in this section as a ``covered
    individual''), the Secretary of Homeland Security shall submit a
    notification to congressional leadership and the Committees on
    Appropriations of the Senate and the House of Representatives, the
    Committees on the Judiciary of the Senate and the House of
    Representatives, the Committee on Homeland Security and Governmental
    Affairs of the Senate, the Committee on Homeland Security of the House
    of Representatives, and the Committee on Oversight and Reform of the
    House of Representatives (referred to in this section as the
    ``appropriate congressional committees'').

        (b) <<NOTE: Consultation.>>  Such notification may be submitted in
    classified form, if necessary, and in consultation with the Director of
    National Intelligence or the Director of the Federal Bureau of
    Investigation, as appropriate, and shall include the threat assessment,
    scope of the protection, and the anticipated cost and duration of such
    protection.

        (c) Not later than 15 days before extending, or 30 days before
    terminating, protection for a covered individual, the Secretary of
    Homeland Security shall submit a notification regarding the extension or
    termination and any change to the threat assessment to the congressional
    leadership and the appropriate congressional committees.
        (d) <<NOTE: Reports.>>  Not later than 45 days after the date of
    enactment of this Act, and quarterly thereafter, the Secretary shall
    submit a report to the congressional leadership and the appropriate
    congressional committees, which may be submitted in classified form, if
    necessary, detailing each covered individual, and the scope and
    associated cost of protection.

        Sec. 538. <<NOTE: 6 USC 103a.>>  (a) There is hereby established in
    the Treasury of the United States a fund to be known as the ``Department
    of Homeland Security Nonrecurring Expenses Fund'' (the Fund).

        (b) <<NOTE: Deadline.>>  Unobligated balances of expired
    discretionary funds appropriated for this or any succeeding fiscal year
    from the General Fund of the Treasury to the Department of Homeland
    Security by this or any other Act may be transferred (not later than the
    end of the fifth fiscal year after the last fiscal year for which such
    funds are available for the purposes for which appropriated) into the
    Fund.

        (c) Amounts deposited in the Fund shall be available until expended,
    and in addition to such other funds as may be available for such
    purposes, for information technology system modernization and facilities
    infrastructure improvements necessary for the operation of the
    Department, subject to approval by the Office of Management and Budget.
        (d) <<NOTE: Notification. Time period.>>  Amounts in the Fund may be
    obligated only after the Committees on Appropriations of the House of
    Representatives and the Senate are notified at least 15 days in advance
    of the planned use of funds.

        Sec. 539. <<NOTE: Proposals.>>  (a) None of the funds provided to
    the Department of Homeland Security in this or any prior Act may be used
    by an agency to submit an initial project proposal to the Technology
    Modernization Fund (as authorized by section 1078 of subtitle G of Title
    X of the National Defense Authorization Act for Fiscal Year 2018 (Public
    Law 115-91)) unless, concurrent with the submission of an initial
    project proposal to the Technology Modernization Board, the head of the
    agency--

    [[Page 136 STAT. 344]]

                (1) <<NOTE: Notification.>>  notifies the Committees on
            Appropriations of the Senate and the House of Representatives of
            the proposed submission of the project proposal;
                (2) <<NOTE: Records.>>  submits to the Committees on
            Appropriations a copy of the project proposal; and
                (3) <<NOTE: Analysis.>>  provides a detailed analysis of how
            the proposed project funding would supplement or supplant
            funding requested as part of the Department's most recent budget
            submission.

        (b) <<NOTE: Time period. Reports.>>  None of the funds provided to
    the Department of Homeland Security by the Technology Modernization Fund
    shall be available for obligation until 15 days after a report on such
    funds has been transmitted to the Committees on Appropriations of the
    Senate and the House of Representatives.

        (c) The report described in subsection (b) shall include--
                (1) the full project proposal submitted to and approved by
            the Fund's Technology Modernization Board;
                (2) <<NOTE: Contracts.>>  the finalized interagency
            agreement between the Department and the Fund including the
            project's deliverables and repayment terms, as applicable;
                (3) <<NOTE: Analysis.>>  a detailed analysis of how the
            project will supplement or supplant existing funding available
            to the Department for similar activities;
                (4) <<NOTE: Repayment plan.>>  a plan for how the Department
            will repay the Fund, including specific planned funding sources,
            as applicable; and
                (5) <<NOTE: Determination.>>  other information as
            determined by the Secretary.

        Sec. 540.  <<NOTE: Khalid Sheikh Mohammed. Detainees.>>  None of the
    funds appropriated or otherwise made available in this or any other Act
    may be used to transfer, release, or assist in the transfer or release
    to or within the United States, its territories, or possessions Khalid
    Sheikh Mohammed or any other detainee who--
                (1) is not a United States citizen or a member of the Armed
            Forces of the United States; and
                (2) <<NOTE: Cuba.>>  is or was held on or after June 24,
            2009, at the United States Naval Station, Guantanamo Bay, Cuba,
            by the Department of Defense.

        Sec. 541.  <<NOTE: Applicability. 6 USC 320 note.>>  Subsection (c)
    of section 16005 of title VI of division B of the Coronavirus Aid,
    Relief, and Economic Security Act (Public Law 116-136) shall be applied
    as if the language read as follows: ``Subsection (a) shall apply until
    September 30, 2022.''.

        Sec. 542.  For necessary expenses related to providing customs and
    immigration inspection and pre-inspection services at, or in support of
    ports of entry, pursuant to section 1356 of title 8, United States Code,
    and section 58c(f) of title 19, United States Code, and in addition to
    any other funds made available for this purpose, there is appropriated,
    out of any money in the Treasury not otherwise appropriated,
    $650,000,000, to offset the loss resulting from the coronavirus pandemic
    of Immigration User Fee receipts collected pursuant to section 286(h) of
    the Immigration and Nationality Act (8 U.S.C. 1356(h)), and fees for
    certain customs services collected pursuant to paragraphs 1 through 8
    and paragraph 10 of subsection (a) of section 13031 of the Consolidated
    Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c(a)(1)-(8) and
    (a)(10)).
        Sec. 543. (a) For an additional amount for the accounts, in the
    amounts, and for the purposes specified, in addition to amounts
    otherwise made available for such purposes--

    [[Page 136 STAT. 345]]

                (1) ``U.S. Customs and Border Protection--Operations and
            Support'', $993,792,000 for border management requirements of
            the U.S. Border Patrol;
                (2) ``U.S. Immigration and Customs Enforcement--Operations
            and Support'', $239,658,000 for non-detention border management
            requirements; and
                (3) ``Federal Emergency Management Agency--Federal
            Assistance'', $150,000,000, to be available for the emergency
            food and shelter program for the purposes of providing shelter
            and other services to families and individuals encountered by
            the Department of Homeland Security.

        (b) <<NOTE: Deadline. Expenditure plan.>>  Not later than 30 days
    after the date of enactment of this Act, the Under Secretary for
    Management shall provide an expenditure plan for the use of the funds
    made available in subsection (a).

                             (rescissions of funds)

        Sec. 544. (a) Of the unobligated balances from amounts made
    available under the heading ``U.S. Customs and Border Protection--
    Procurement, Construction, and Improvements'' by section 230(a)(3) of
    division A of the Consolidated Appropriations Act, 2019 (Public Law 116-
    6) for construction and facility improvements, $90,500,000 are hereby
    rescinded.
        (b) Of the unobligated balances from amounts made available under
    the heading ``U.S. Customs and Border Protection--Procurement,
    Construction, and Improvements'' by section 209(2) of division F of the
    Consolidated Appropriations Act, 2021 (Public Law 116-260) for facility
    construction and improvements, $40,000,000 are hereby rescinded.
        (c) For an additional amount for ``Management Directorate--
    Procurement, Construction, and Improvements'', $130,500,000, to remain
    available until September 30, 2025, in addition to any amounts otherwise
    available for such purposes, for the development of joint processing
    centers.
        Sec. 545. (a) Of the unobligated balances from amounts made
    available under the heading ``U.S. Customs and Border Protection--
    Procurement, Construction, and Improvements'' by the Emergency
    Supplemental Appropriations for Humanitarian Assistance and Security at
    the Southern Border Act, 2019 (Public Law 116-26) for the development of
    a joint processing center, $49,500,000 are hereby rescinded:  Provided,
    That the amounts rescinded by this subsection that were previously
    designated by the Congress as an emergency requirement pursuant to
    section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit
    Control Act of 1985 are designated by the Congress as an emergency
    requirement pursuant to section 4001(a)(1) and section 4001(b) of S.
    Con. Res. 14 (117th Congress), the concurrent resolution on the budget
    for fiscal year 2022.
        (b) For an additional amount for ``Management Directorate--
    Procurement, Construction, and Improvements'', $49,500,000, to remain
    available until September 30, 2025, in addition to any amounts otherwise
    available for such purposes, for the development of joint processing
    centers:  Provided, That such amount is designated by the Congress as
    being for an emergency requirement pursuant to section 4001(a)(1) and
    section 4001(b) of S. Con. Res.

    [[Page 136 STAT. 346]]

    14 (117th Congress), the concurrent resolution on the budget for fiscal
    year 2022.
        Sec. 546.  Of the funds appropriated to the Department of Homeland
    Security, the following funds are hereby rescinded from the following
    accounts and programs in the specified amounts:  Provided, That no
    amounts may be rescinded from amounts that were designated by the
    Congress as an emergency requirement pursuant to a concurrent resolution
    on the budget or the Balanced Budget and Emergency Deficit Control Act
    of 1985 (Public Law 99-177):
                (1) $21,650 from the unobligated balances available in the
            ``Office of the Executive Secretary--Operations and Support''
            account (70 X 0100).
                (2) $1,810 from the unobligated balances available in the
            ``Office of the Undersecretary for Management'' account (70 X
            0112).
                (3) $12,628,523 from the unobligated balances available in
            the ``Management Directorate--Office of the Chief Information
            Officer and Operations'' account (70 X 0113).
                (4) $8,456 from the unobligated balances available in
            Treasury Account Fund Symbol 70 X 0504, ``Immigration and
            Customs Enforcement, Border and Transportation Security, INS''.
                (5) $503 from the unobligated balances available in Treasury
            Account Fund Symbol 70 X 8598, ``U.S. Immigration and Customs
            Enforcement, Violent Crime Reduction Program''.
                (6) $7,006 from the unobligated balances available in
            Treasury Account Fund Symbol 70 X 0508, ``Transportation
            Security Administration, Expenses''.
                (7) $11,412 from the unobligated balances available in the
            ``Transportation Security Administration--Federal Air Marshals''
            account (70 X 0541).
                (8) $311 from the unobligated balances available in the
            ``Transportation Security Administration--Surface Transportation
            Security'' account (70 X 0551).
                (9) $5,308,328 from the unobligated balances available in
            the ``Transportation Security Administration--Intelligence and
            Vetting'' account (70 X 0557).
                (10) $1.41 from the unobligated balances available in the
            ``Transportation Security Administration--Research and
            Development'' account (70 X 0553).
                (11) $322,105 from the unobligated balances available in the
            ``Transportation Security Administration--Transportation
            Security Support'' account (70 X 0554).
                (12) $457,920 from the unobligated balances available in
            Treasury Account Fund Symbol 70 X 0900, ``Cybersecurity and
            Infrastructure Security Agency, Operating Expenses''.
                (13) $199,690 from the unobligated balances available in the
            ``Federal Emergency Management Agency--State and Local
            Programs'' account (70 X 0560).
                (14) $1,670 from the unobligated balances available in the
            ``Federal Emergency Management Agency--Administrative and
            Regional Operations, Emergency Preparedness and Response''
            account (70 X 0712).
                (15) $115,138 from the unobligated balances available in the
            ``Federal Emergency Management Agency--Operations and Support''
            account (70 X 0700).

    [[Page 136 STAT. 347]]

                (16) $1,243,822 from the unobligated balances available in
            Treasury Account Fund Symbol 70 X 0300, ``U.S. Citizenship and
            Immigration Services, Operations and Support''.
                (17) $350,656 from the unobligated balances available in the
            ``Countering Weapons of Mass Destruction Office--Research and
            Development'' account (70 X 0860).
                (18) $3,000,000 from the unobligated balances available in
            the ``Federal Emergency Management Agency--National Predisaster
            Mitigation Fund'' account (70 X 0716).
                (19) $24,339,000 from the unobligated balances available in
            the ``U.S. Customs and Border Protection--Border Security
            Fencing, Infrastructure, and Technology'' account (70 X 0533).
                (20) $10,000,000 from Public Law 116-260 under the heading
            ``U.S. Customs and Border Protection--Procurement, Construction,
            and Improvements''.
                (21) $6,161,000 from the unobligated balances available in
            the ``U.S. Customs and Border Protection--Procurement,
            Construction, and Improvements'' account (70 X 0532).
                (22) $4,500,000 from Public Law 115-141 under the heading
            ``U.S. Customs and Border Protection--Construction and Facility
            Improvements''.
                (23) $6,999 from the unobligated balances available in the
            ``U.S. Customs and Border Protection--Operations and Support''
            account (70 X 0530).
                (24) $21,000,000 from Public Law 115-141 under the heading
            ``Coast Guard--Acquisition, Construction, and Improvements''.

        Sec. 547.  The following unobligated balances made available to the
    Department of Homeland Security pursuant to section 505 of the
    Department of Homeland Security Appropriations Act, 2021 (Public Law
    116-260) are rescinded:
                (1) $791,720 from ``Office of the Secretary and Executive
            Management--Operations and Support''.
                (2) $359,920 from ``Management Directorate--Operations and
            Support''.
                (3) $1,041,300 from ``Intelligence, Analysis, and Operations
            Coordination--Operations and Support''.
                (4) $132,133 from ``Office of the Inspector General--
            Operations and Support''.
                (5) $19,337,430 from ``U.S. Customs and Border Protection--
            Operations and Support''.
                (6) $7,169,547 from ``U.S. Immigration and Customs
            Enforcement--Operations and Support''.
                (7) $1,000,000 from ``Coast Guard--Operations and Support''.
                (8) $6,394,290 from ``United States Secret Service--
            Operations and Support''.
                (9) $2,793,900 from ``Cybersecurity and Infrastructure
            Security Agency--Operations and Support''.
                (10) $668,640 from ``Federal Emergency Management Agency--
            Operations and Support''.
                (11) $1,368,190 from ``U.S. Citizenship and Immigration
            Services--Operations and Support''.
                (12) $903,710 from ``Federal Law Enforcement Training
            Centers--Operations and Support''.
                (13) $110,710 from ``Science and Technology Directorate--
            Operations and Support''.

    [[Page 136 STAT. 348]]

                (14) $385,640 from ``Countering Weapons of Mass Destruction
            Office--Operations and Support''.

        Sec. 548.  Of the unobligated balances made available to ``Federal
    Emergency Management Agency--Disaster Relief Fund'', $147,592,596 shall
    be rescinded:  Provided, That no amounts may be rescinded from amounts
    that were designated by the Congress as an emergency requirement
    pursuant to a concurrent resolution on the budget or the Balanced Budget
    and Emergency Deficit Control Act of 1985, as amended:  Provided
    further, That no amounts may be rescinded from amounts that were
    designated by the Congress as being for disaster relief pursuant to
    section 4004(b)(6) and section 4005(f) of S. Con. Res. 14 (117th
    Congress), the concurrent resolution on the budget for fiscal year 2022,
    or section 251(b)(2)(D) of the Balanced Budget and Emergency Deficit
    Control Act of 1985:  Provided further, That no amounts may be rescinded
    from amounts that were made available by section 4005 of the American
    Rescue Plan Act of 2021 (Public Law 117-2).
         This division may be cited as the ``Department of Homeland Security
    Appropriations Act, 2022''.

        DIVISION G <<NOTE: Department of the Interior, Environment, and
        Related Agencies Appropriations Act, 2022.>> --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 <<NOTE: Drilling permits.>>  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,

    [[Page 136 STAT. 349]]

    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, <<NOTE: Transfer
    authority.>>  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, <<NOTE: 43 USC 1735 note.>>  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

    [[Page 136 STAT. 350]]

    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, <<NOTE: 43 USC 1735 note.>>  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, <<NOTE: Contracts. Determination.>>  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, <<NOTE: Reimbursements.>>  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

    [[Page 136 STAT. 351]]

    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.

    [[Page 136 STAT. 352]]

                     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, <<NOTE: Apportionment. District
    of Columbia. Territories.>>  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, <<NOTE: Apportionment.>>  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 <<NOTE: Adjustment.>>  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 <<NOTE: Reapportion-
    ment.>>  amount apportioned in 2022 to any State, territory, or

    [[Page 136 STAT. 353]]

    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 <<NOTE: Contracts. Grants.>>  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, <<NOTE: Contracts. Determination.>>  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, <<NOTE: Donations.>>  That the Service may accept donated
    aircraft as replacements for existing aircraft:  Provided
    further, <<NOTE: Fees.>>  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)

    [[Page 136 STAT. 354]]

    of that Act <<NOTE: 36 USC 101 note prec.>>  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, <<NOTE: Grants.>>  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, <<NOTE: Approval. Consultation.>>  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, <<NOTE: Determination.>>  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

    [[Page 136 STAT. 355]]

    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, <<NOTE: Contracts.>>  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, <<NOTE: Consultation.>>  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 <<NOTE: Fees.>>  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.

    [[Page 136 STAT. 356]]

        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 <<NOTE: 43 USC 50.>>  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

    [[Page 136 STAT. 357]]

    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

    [[Page 136 STAT. 358]]

    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,

    [[Page 136 STAT. 359]]

    of which $65,000,000 shall be available for state and tribal regulatory
    grants:  Provided, <<NOTE: 30 USC 1211 note.>>  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, <<NOTE: 30 USC 1257 note.>>  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 <<NOTE: Debt
    collection. Contracts.>>  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

    [[Page 136 STAT. 360]]

    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, <<NOTE: Allocations. State and local governments. Native
    Americans. Deadline.>>  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 <<NOTE: Expiration date.>>  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).

    [[Page 136 STAT. 361]]

                            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 <<NOTE: Reimbursement.>>  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).

    [[Page 136 STAT. 362]]

     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

    [[Page 136 STAT. 363]]

    engineering services by contract; acquisition of lands, and interests in
    lands; $264,330,000 to remain available until expended:  Provided, That
    in order <<NOTE: Deadline.>>  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 <<NOTE: Contracts. Grants.>>  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 <<NOTE: Contracts.>>  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 <<NOTE: Alaska.>>  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 <<NOTE: Waiver authority. Determination.>>  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

    [[Page 136 STAT. 364]]

    in fiscal year 2012. <<NOTE: Charter schools. Reimbursement.>>  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 <<NOTE: Waiver authority. Compliance.>>  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, <<NOTE: Definition.>>  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.

    [[Page 136 STAT. 365]]

               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, <<NOTE: Time
    period.>>  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 <<NOTE: Statement. Records.>>  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, <<NOTE: Time period.>>
    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, <<NOTE: Records. Determination.>>  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.

    [[Page 136 STAT. 366]]

                              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, <<NOTE: 31 USC 6903 note.>>  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

    [[Page 136 STAT. 367]]

    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, <<NOTE: 48 USC 1469b.>> 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, <<NOTE: Determination.>>  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

    [[Page 136 STAT. 368]]

    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, <<NOTE: Contracts. Grants.>>  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

    [[Page 136 STAT. 369]]

    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 <<NOTE: Guidance.>> 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:
    <<NOTE: Reimbursement.>> 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 <<NOTE: Contracts. Real property. State and local
    governments.>> 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.

    [[Page 136 STAT. 370]]

                  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, <<NOTE: Notification. Deadline.>>  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, <<NOTE: Determination. Deadline.>>  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, <<NOTE: Grants.>>  That the Secretary may transfer the funds
    provided under this heading in this Act

    [[Page 136 STAT. 371]]

    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 <<NOTE: Advance
    approval.>>  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 <<NOTE: Contracts.>>
    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, <<NOTE: Grants. Contracts.>>  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

    [[Page 136 STAT. 372]]

    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

    [[Page 136 STAT. 373]]

    regulatory authority in the event a primacy State is not carrying out
    the regulatory provisions of the Surface Mining Act:  Provided, That
    appropriations <<NOTE: Reimbursement.>>  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, <<NOTE: Determination. Deadline.>>  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 <<NOTE: Reimbursement.>> 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. <<NOTE: Notification. Deadline.>>  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

    [[Page 136 STAT. 374]]

    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.  <<NOTE: New York. New Jersey. Contracts.>>
    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) <<NOTE: Time period. Deadlines.>>  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

    [[Page 136 STAT. 375]]

    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.  <<NOTE: 16 USC 1336 note.>>  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. <<NOTE: Time period.>>  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. <<NOTE: Grants. Contracts.>>  (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

    [[Page 136 STAT. 376]]

            status from the same or substantially equivalent job within the
            Department; or
                (3) affect existing contracts for services.

                               obligation of funds

        Sec. 112.  <<NOTE: Deadline.>>  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.  <<NOTE: Applicability. 31 USC 6906 note.>>  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. <<NOTE: Web posting. Public information. Deadline.>>  (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. <<NOTE: Virginia. District of Columbia.>>  (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.

    [[Page 136 STAT. 377]]

        (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.  <<NOTE: Applicability.>>  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), <<NOTE: 54 USC 320101 note.>>  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), <<NOTE: 54 USC 320101
    note.>>  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), <<NOTE: 54 USC 320101 note.>>  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), <<NOTE: 54 USC
    320101 note.>>  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''--

    [[Page 136 STAT. 378]]

                (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), <<NOTE: 54 USC 320101 note.>>  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), <<NOTE: 54 USC 320101 note.>>  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), <<NOTE: 54 USC 320101 note.>>  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 <<NOTE: 54
    USC 320101 note.>>  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), <<NOTE: 54 USC
    320101 note.>>  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), <<NOTE: 54 USC 320101 note.>>  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) <<NOTE: 54 USC 320101 note.>>  is amended by striking
    ``$10,000,000'' and inserting ``$12,000,000''.

    [[Page 136 STAT. 379]]

        (o) Section 210(a) of title II of Public Law 106-278 (114 Stat.
    824) <<NOTE: 54 USC 320101 note.>>  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 <<NOTE: 54 USC
    320101 note.>>  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), <<NOTE: 54 USC 320101
    note.>>  is further amended by striking ``15 years after the date of
    enactment of this Act'' and inserting ``on September 30, 2037''.

      study for <<NOTE: Alabama.>>  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

    [[Page 136 STAT. 380]]

    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

    [[Page 136 STAT. 381]]

    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, <<NOTE: Allocation.>>  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

    [[Page 136 STAT. 382]]

    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, <<NOTE: Allocations.>>  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

    [[Page 136 STAT. 383]]

            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 <<NOTE: Territories. District of
            Columbia.>> 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

    [[Page 136 STAT. 384]]

            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: <<NOTE: Oklahoma. Determination.>>   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 <<NOTE: Territories.>>  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, <<NOTE: Determination.>>  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

    [[Page 136 STAT. 385]]

            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) <<NOTE: Consultation.>>  $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, <<NOTE: Alaska.>>
            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, <<NOTE: Allocations.>>  That at least 10 percent shall
            be allocated for assistance in persistent poverty counties:
            Provided further, <<NOTE: Definition.>>  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

    [[Page 136 STAT. 386]]

            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, <<NOTE: Grants. Oklahoma. Determination. Alaska.>>
            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

    [[Page 136 STAT. 387]]

            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 <<NOTE: Loans.>>  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, <<NOTE: Criteria.>>
    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, <<NOTE: Certification. Compliance.>>  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, <<NOTE: Records.>>  That, for the
    purposes of carrying out

    [[Page 136 STAT. 388]]

    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 <<NOTE: Fees.>>  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 <<NOTE: Fees.>>  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 <<NOTE: Fees.>>  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

    [[Page 136 STAT. 389]]

    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 <<NOTE: Grants.>>  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 <<NOTE: Grants.>>  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 <<NOTE: Applicability.>>  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 <<NOTE: Contracts.>>  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 <<NOTE: Time period. Consultation. Employment positions.>>
    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.

    [[Page 136 STAT. 390]]

                                    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

    [[Page 136 STAT. 391]]

    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, <<NOTE: Applicability.>>  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, <<NOTE: Determination.>>  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, <<NOTE: Fees. Advance approval. 43 USC 1751 note.>>  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

    [[Page 136 STAT. 392]]

    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

    [[Page 136 STAT. 393]]

    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, <<NOTE: Reimbursement.>>  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.

    [[Page 136 STAT. 394]]

    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, <<NOTE: Notification. Deadline.>>  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, <<NOTE: Determination. Deadline.>>  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.

    [[Page 136 STAT. 395]]

    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 <<NOTE: Notification. Deadline.>>  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, <<NOTE: Notification. Advance approval.>>  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,

    [[Page 136 STAT. 396]]

    research, and cooperative assistance regardless of program designations.
        Funds <<NOTE: Wild horses and burros.>>  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 <<NOTE: 16 USC 556i.>>  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

    [[Page 136 STAT. 397]]

    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

    [[Page 136 STAT. 398]]

    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, <<NOTE: Allocations.>>  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, <<NOTE: Contracts. Grants. Time
    period. Records.>>  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

    [[Page 136 STAT. 399]]

    further, <<NOTE: Reports.>>  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, <<NOTE: Consultation. Time period.>>  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, <<NOTE: Applicability.>>  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

    [[Page 136 STAT. 400]]

    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 <<NOTE: Assessments.>>  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

    [[Page 136 STAT. 401]]

    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, <<NOTE: Regulations. Budget request.>>  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, <<NOTE: Reimbursements.>>  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, <<NOTE: Reimbursements.>>  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, <<NOTE: Notification.>>  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.

    [[Page 136 STAT. 402]]

                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, <<NOTE: Appointment. President.>>  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, <<NOTE: Career positions.>>  That the Chemical Safety and
    Hazard Investigation Board (Board) shall have not more than three career
    Senior Executive Service positions:  Provided further, <<NOTE: 5 USC
    app. 8G note.>>  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

    [[Page 136 STAT. 403]]

    position of Inspector General of the Board:  Provided further, <<NOTE: 5
    USC app. 8G note.>>  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,

    [[Page 136 STAT. 404]]

    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, <<NOTE: District of Columbia.>> 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, <<NOTE: District of Columbia.>> 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 <<NOTE: Effective date. Time
    period. Reports.>> 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

    [[Page 136 STAT. 405]]

    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: <<NOTE: Contracts.>>   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.

    [[Page 136 STAT. 406]]

                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

    [[Page 136 STAT. 407]]

    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: <<NOTE: Fees.>>   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: <<NOTE: Applicability. 20 USC 956a note.>>
    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: <<NOTE: Determination. Time periods.>>
    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.

    [[Page 136 STAT. 408]]

                     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.

    [[Page 136 STAT. 409]]

                                    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 <<NOTE: Estimates. Approval.>>  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) <<NOTE: Patents and trademarks.>>  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) <<NOTE: Determination. Claims.>>  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

    [[Page 136 STAT. 410]]

    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 <<NOTE: Continuation.>>  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 <<NOTE: 16 USC 1604 note.>>  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

    [[Page 136 STAT. 411]]

    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) <<NOTE: Public information. Determination.>>  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--

    [[Page 136 STAT. 412]]

                (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) <<NOTE: Procedures.>>  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) <<NOTE: Definitions.>>  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) <<NOTE: Grants.>>  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) <<NOTE: Reports.>>  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

    [[Page 136 STAT. 413]]

                (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 <<NOTE: Reports.>>  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) <<NOTE: Pornography.>>  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) <<NOTE: Wild horses and burros.>>  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

    [[Page 136 STAT. 414]]

                (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) <<NOTE: Applicability. 16 USC 580d
    note.>>  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) <<NOTE: Definition.>>  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) <<NOTE: Waiver. Public information. Records. Deadline.>>  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. <<NOTE: Web posting.>>  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) <<NOTE: Applicability.>>  This section shall be applied in a
    manner consistent with United States obligations under international
    agreements.

    [[Page 136 STAT. 415]]

        (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 <<NOTE: Grants.>>  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 <<NOTE: Applicability. 16 USC 6809 note.>>
    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 <<NOTE: Advance approval.>>  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 <<NOTE: Applicability. 16 USC 565a-1 note.>>
    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 <<NOTE: Applicability.>>  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 <<NOTE: Applicability.>>  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

    [[Page 136 STAT. 416]]

    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 <<NOTE: Applicability. 16 USC 528 note.>>  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) <<NOTE: Effective date.>>  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) <<NOTE: Consultation.>>  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 <<NOTE: Applicability.>>  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) <<NOTE: Deadlines. 54 USC 200303 note.>>  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

    [[Page 136 STAT. 417]]

    (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) <<NOTE: Notification.>>  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

    [[Page 136 STAT. 418]]

                    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) <<NOTE: Data sheets.>>  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) <<NOTE: Lists.>>  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 <<NOTE: Data sheets.>>  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

    [[Page 136 STAT. 419]]

                    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 <<NOTE: Reports.>>  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.

    [[Page 136 STAT. 420]]

                            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.

    [[Page 136 STAT. 421]]

                               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 <<NOTE: California.>>

        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 <<NOTE: 135 Stat. 1394.>>  117-58 is
    amended by striking ``salaries, expenses, and'':  Provided, That amounts
    repurposed pursuant to this section that were previously designated by
    the Congress as an emergency requirement pursuant to section 4112(a) of
    H. Con. Res. 71 (115th Congress), the concurrent resolution on the
    budget for fiscal year 2018, and to section 251(b) of the Balanced
    Budget and Emergency Deficit Control Act of 1985 are designated by the
    Congress as an emergency requirement pursuant to section 4001(a)(1) and
    section 4001(b) of S. Con. Res. 14 (117th Congress), the concurrent
    resolution on the budget for fiscal year 2022.

        This division may be cited as the ``Department of the Interior,
    Environment, and Related Agencies Appropriations Act, 2022''.

     DIVISION H--DEPARTMENTS OF LABOR, <<NOTE: Departments of Labor, Health
     and Human Services, and Education, and Related Agencies Appropriations
         Act, 2022. Department of Labor Appropriations Act, 2022. Time
       periods.>>  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

    [[Page 136 STAT. 422]]

                    $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 <<NOTE: Coordination.>>  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

    [[Page 136 STAT. 423]]

                          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: <<NOTE: Requirements.>>   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

    [[Page 136 STAT. 424]]

                    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 <<NOTE: Termination date.>>  transferred
            pursuant to the preceding provision shall not be available for
            obligation after June 30, 2022: <<NOTE: Notification.>>
            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.

    [[Page 136 STAT. 425]]

                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

    [[Page 136 STAT. 426]]

            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

    [[Page 136 STAT. 427]]

            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: <<NOTE: Contracts. Grants.>>   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 <<NOTE: Grants.>>  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, <<NOTE: Reallotment.>>  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 <<NOTE: Fees.>>  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

    [[Page 136 STAT. 428]]

    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 <<NOTE: Contracts.>>  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 <<NOTE: Approval. Notification.>>  in excess of the amounts
    provided for administrative expenses in this paragraph may be

    [[Page 136 STAT. 429]]

    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

    [[Page 136 STAT. 430]]

    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: <<NOTE: Reimbursements.>>   Provided further, That balances
    of reimbursements unobligated on September 30, 2021, shall remain
    available until expended for the payment of compensation, benefits, and
    expenses: <<NOTE: Determination.>>   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

    [[Page 136 STAT. 431]]

    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 <<NOTE: 26 USC 9501 note.>>  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 <<NOTE: Fees.>>
    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 <<NOTE: Farms and farming.>>  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 <<NOTE: Small businesses.>>  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

    [[Page 136 STAT. 432]]

    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 <<NOTE: Deadline. Time period.>>  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: <<NOTE: 30 USC 966 note.>>   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 <<NOTE: 30 USC 962.>>  the
    Secretary is

    [[Page 136 STAT. 433]]

    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 <<NOTE: 30 USC 962.>>  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: <<NOTE: 30 USC 962.>>
    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 <<NOTE: 30 USC
    962.>>  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,

    [[Page 136 STAT. 434]]

    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 <<NOTE: Contracts. Grants.>>  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: <<NOTE: Grants.>>
    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: <<NOTE: Notification. Time period.>>   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;

    [[Page 136 STAT. 435]]

                (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 <<NOTE: Grants.>>  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 <<NOTE: Time periods.>>  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 <<NOTE: Data. Contracts.>>  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

    [[Page 136 STAT. 436]]

    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 <<NOTE: Notification. Time period.>>  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 <<NOTE: Child labor.>>  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.

    [[Page 136 STAT. 437]]

                               (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 <<NOTE: Grants. Contracts.>>  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) <<NOTE: Evaluations.>>  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: <<NOTE: Plan. Time
    period.>>   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) <<NOTE: Applicability.>>  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:

    [[Page 136 STAT. 438]]

        ``(s)(1) <<NOTE: Time period.>>  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) <<NOTE: Definitions.>>  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) <<NOTE: Effective date.>>  This section shall be effective on
    the date of enactment of this Act.

        Sec. 109. (a) <<NOTE: Time periods.>>  Flexibility With Respect to
    the Crossing of H-2B Nonimmigrants Working in the Seafood Industry.--
                (1) In general.--Subject to <<NOTE: Effective date.>>
            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

    [[Page 136 STAT. 439]]

            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) <<NOTE: Assessment.>>  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 <<NOTE: Determinations. Wages.>>  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 <<NOTE: Determination.>>  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) <<NOTE: Applicability.>>  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:

    [[Page 136 STAT. 440]]

    ``SEC. 12. SECURITY DETAIL.

        ``(a) <<NOTE: Guidelines.>>  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) <<NOTE: Coordination.>>  coordinate with local law
            enforcement agencies; and
                ``(5) <<NOTE: Investigations. Coordination.>>  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) <<NOTE: Effective date.>>  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.

    [[Page 136 STAT. 441]]

        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 <<NOTE: Time period. 29 USC 563.>>  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 <<NOTE: Rescission.>>  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 <<NOTE: Department of Health and Human Services Appropriations
    Act, 2022.>>

                     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

    [[Page 136 STAT. 442]]

    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: <<NOTE: Waiver authority. 42 USC 294a note.>>   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: <<NOTE: Fees.>>   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: <<NOTE: Applicability. Definition.>>   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

    [[Page 136 STAT. 443]]

    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: <<NOTE: Termination. Contracts.>>
    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, <<NOTE: Determination.>>  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 <<NOTE: Time period.>>  such a grant may
    be awarded for a period not to exceed 5 years:  Provided further,
    That <<NOTE: Matching funds.>>  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

    [[Page 136 STAT. 444]]

    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 <<NOTE: Abortions. Lobbying.>>  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.

    [[Page 136 STAT. 445]]

                               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.

    [[Page 136 STAT. 446]]

                    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.

    [[Page 136 STAT. 447]]

           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 <<NOTE: Detailees. Notice. Deadline. Reports. Updates. Time
    period.>>  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

    [[Page 136 STAT. 448]]

    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 <<NOTE: Contracts.>>  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: <<NOTE: Detailees.>>   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

    [[Page 136 STAT. 449]]

    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.

    [[Page 136 STAT. 450]]

                           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.

    [[Page 136 STAT. 451]]

          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 <<NOTE: Contracts.>>  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 <<NOTE: Study.>>  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

    [[Page 136 STAT. 452]]

    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 <<NOTE: Time period.>>  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 <<NOTE: Consultation. Audit plan. Time periods. Deadline.>>  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 <<NOTE: Grants.>>  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 <<NOTE: Determination.>>  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.

    [[Page 136 STAT. 453]]

            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: <<NOTE: Grants. Contracts.>>   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: <<NOTE: State
    and local governments. Expenditure.>>   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,

    [[Page 136 STAT. 454]]

    That 15 percent <<NOTE: State and local governments. Opioids.>>  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 <<NOTE: Allocations. State and local
    governments. Territories. District of
    Columbia. Determination. Methodology. Deadline. Publication.>>  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,

    [[Page 136 STAT. 455]]

    to collect and analyze program data, and to conduct public awareness and
    technical assistance activities: <<NOTE: Fees.>>   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.

    [[Page 136 STAT. 456]]

        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: <<NOTE: Fees.>>
    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

    [[Page 136 STAT. 457]]

    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, <<NOTE: Applicability. State
    and local governments. Territories. Allocations.>>  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.

    [[Page 136 STAT. 458]]

                         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: <<NOTE: Applicability.>>
    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: <<NOTE: Contracts.>>   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

    [[Page 136 STAT. 459]]

    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

    [[Page 136 STAT. 460]]

    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 <<NOTE: Procedures. Time period. 42 USC 9921 note.>>  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 <<NOTE: 42 USC 9921.>>  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 <<NOTE: Applicability. 42 USC 9921.>>  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:

    [[Page 136 STAT. 461]]

     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: <<NOTE: Applicability.>>   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

    [[Page 136 STAT. 462]]

    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: <<NOTE: Notice. Deadline.>>   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.

    [[Page 136 STAT. 463]]

                             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): <<NOTE: Sexual risk
    avoidance.>>   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: <<NOTE: Embryo adoption.>>   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

    [[Page 136 STAT. 464]]

    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

    [[Page 136 STAT. 465]]

    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 <<NOTE: Appointment. 42 USC 241 note.>>  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: <<NOTE: Grants. Contracts.>>   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 <<NOTE: Deadline.>>  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

    [[Page 136 STAT. 466]]

    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 <<NOTE: Reports.>>  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 <<NOTE: Determination. Evaluation.>>
    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 <<NOTE: Notification. Time period.>>  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 <<NOTE: Time period. Contracts.>>  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 <<NOTE: Certification. Children and youth. Family
    planning.>>  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 <<NOTE: Child abuse.>>  any other
    provision of law, no provider of services under title X of the PHS Act
    shall be exempt

    [[Page 136 STAT. 467]]

    from any State law requiring notification or the reporting of child
    abuse, child molestation, sexual abuse, rape, or incest.

        Sec. 209.  None <<NOTE: Abortions.>>  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 <<NOTE: Gun control.>>  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 <<NOTE: Government employees. Children and
    youth. AIDS.>>  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. <<NOTE: Consultation.>>  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 <<NOTE: Reimbursement.>>  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 <<NOTE: Consultation. Grants. Contracts.>>  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.

    [[Page 136 STAT. 468]]

                (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: <<NOTE: Notification. Time period.>>   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 <<NOTE: Determination.>>  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 <<NOTE: Procedures. Consultation. Assessments.>>  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. <<NOTE: Applicability.>>
    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.

    [[Page 136 STAT. 469]]

                               (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) <<NOTE: Contracts.>>  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) <<NOTE: Determination.>>  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) <<NOTE: Publication. Web posting.>>  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--

    [[Page 136 STAT. 470]]

                (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 <<NOTE: Publication.>>  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) <<NOTE: Deadline.>>  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 <<NOTE: Effective date. Time period.>>  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 <<NOTE: Applicability.>>  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

    [[Page 136 STAT. 471]]

    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 <<NOTE: Opioids. Time
    period. Notification.>>  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) <<NOTE: Notifications. Grants.>>  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) <<NOTE: Time period.>>  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 <<NOTE: Reports.>>  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

    [[Page 136 STAT. 472]]

    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 <<NOTE: Alien children. Determination. Time
    periods. Grants. Contracts.>>  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) <<NOTE: Requirements. Compliance.>>  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) <<NOTE: Determination.>>  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) <<NOTE: Waiver authority. Certification. Reports.>>  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

    [[Page 136 STAT. 473]]

                (6) <<NOTE: Deadline. Briefing.>>  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 <<NOTE: Notification. Time
    periods. Analysis. Alien children. 6 USC 279 note.>>  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. <<NOTE: Reports.>>  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 <<NOTE: Congress. Alien children. Time period.>>  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 <<NOTE: Public information. Web
    posting. Reports. Alien children. 6 USC 279 note.>>  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

    [[Page 136 STAT. 474]]

    at costs not in excess of those paid for or reimbursed by the Department
    of Defense.

                                   (rescission)

        Sec. 236.  Of <<NOTE: Deadline.>>  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 <<NOTE: Real property.>>  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: <<NOTE: Deadline.>>   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 <<NOTE: Requirement. Notification. 42 USC 283a-4.>>
    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. <<NOTE: Regulations.>>  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 <<NOTE: Federal buildings and facilities.>>  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 <<NOTE: Department of Education Appropriations Act, 2022.>>

                             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

    [[Page 136 STAT. 475]]

    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:

    [[Page 136 STAT. 476]]

     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 <<NOTE: Applicability.>>  $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 <<NOTE: Applicability.>>  $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 <<NOTE: Applicability.>>  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 <<NOTE: Time period.>>  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

    [[Page 136 STAT. 477]]

    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 <<NOTE: Effective date. Time period.>>  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 <<NOTE: State and local governments.>>

        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

    [[Page 136 STAT. 478]]

    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 <<NOTE: 20
    USC 1411 note.>>  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, <<NOTE: Applicability. Time
    period.>>  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: <<NOTE: 20 USC 1411
    note.>>   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 <<NOTE: 20 USC 1411 note.>>  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 <<NOTE: Evaluation.>>  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 <<NOTE: Grants.>>  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, <<NOTE: Grants.>>
    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 <<NOTE: Grants.>>  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

    [[Page 136 STAT. 479]]

    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 <<NOTE: Grants.>>  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:

    [[Page 136 STAT. 480]]

     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 <<NOTE: 20 USC 1070a note.>>  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: <<NOTE: Allocations.>>   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: <<NOTE: 20 USC 1087f note.>>   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

    [[Page 136 STAT. 481]]

    disbursement to pay-off with certain limited exceptions, and allocates
    student loan borrower accounts to eligible student loan servicers based
    on performance: <<NOTE: Reallocation.>>   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: <<NOTE: Evaluations. Contracts.>>
    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 <<NOTE: Time
    period. Briefings.>>  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 <<NOTE: Deadline. Spend plan. Time
    period. Updates.>>  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

    [[Page 136 STAT. 482]]

    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 <<NOTE: Evaluation.>>  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

    [[Page 136 STAT. 483]]

    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 <<NOTE: Data.>>  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 <<NOTE: Voluntary prayer. Meditation.>>  funds
    appropriated in this Act may be used to prevent the implementation of
    programs of voluntary prayer and meditation in the public schools.

    [[Page 136 STAT. 484]]

                               (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 <<NOTE: Notification. Time period.>>  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 <<NOTE: Time period.>>  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) <<NOTE: Effective date.>>  Subsection (a) shall be in effect
    until titles III and V of the HEA are reauthorized.

        Sec. 305.  Section <<NOTE: Applicability. 20 USC 1011c
    note. Applicability. 20 USC 1087h note.>>  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 <<NOTE: Loan cancellation.>>  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

    [[Page 136 STAT. 485]]

    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 <<NOTE: Website.>>  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 <<NOTE: Loan cancellation. Time periods.>>  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 <<NOTE: Deadline.>>  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

    [[Page 136 STAT. 486]]

    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: <<NOTE: Deadline. Plan.>>   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) <<NOTE: Waiver authority.>>  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

    [[Page 136 STAT. 487]]

    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: <<NOTE: Contracts.>>   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)

    [[Page 136 STAT. 488]]

    $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 <<NOTE: Determination.>>  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 <<NOTE: Determination. Notice.>>  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 <<NOTE: Notice. Public comment.>>  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 <<NOTE: Requirements. Time period. 42 USC
    12571 note.>>  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

    [[Page 136 STAT. 489]]

    to partial waiver consistent with section 2521.70 of title 45, Code of
    Federal Regulations.

        Sec. 403.  Donations <<NOTE: 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 <<NOTE: Time period.>>  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 <<NOTE: Applicability.>>  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: <<NOTE: Discrimination.>>   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 <<NOTE: Political test.>>  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.

    [[Page 136 STAT. 490]]

                   Federal Mediation and Conciliation Service

    salaries and expenses <<NOTE: Fees.>>

        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.

    [[Page 136 STAT. 491]]

                         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 <<NOTE: Electronic voting.>>  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

    [[Page 136 STAT. 492]]

    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 <<NOTE: Payment schedule.>>  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-

    [[Page 136 STAT. 493]]

    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 <<NOTE: Effective date.>>  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 <<NOTE: Notification.>>  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: <<NOTE: Reimbursement.>>   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 <<NOTE: Reviews. Determination.>>  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,

    [[Page 136 STAT. 494]]

    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 <<NOTE: Transfer
    authority.>>  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: <<NOTE: Reports. Time periods.>>
    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: <<NOTE: Notice. Time period.>>   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.

    [[Page 136 STAT. 495]]

                                     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) <<NOTE: Propaganda. Lobbying.>>  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) <<NOTE: Gun control.>>  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

    [[Page 136 STAT. 496]]

    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) <<NOTE: Abortions.>>  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) <<NOTE: Definition.>>  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) <<NOTE: Abortion.>>  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) <<NOTE: Discrimination.>>  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) <<NOTE: Definition.>>  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.

    [[Page 136 STAT. 497]]

        Sec. 508. (a) <<NOTE: Human embryos.>>  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) <<NOTE: Definition.>>  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) <<NOTE: Drugs and drug abuse.>>  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 <<NOTE: Health and health care.>>  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 <<NOTE: Contracts. Reports.>>  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 <<NOTE: Certifications.>>  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) <<NOTE: Consultations. Time periods. Notifications.>>
    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

    [[Page 136 STAT. 498]]

    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) <<NOTE: Political disclosure.>>  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 <<NOTE: Deadline. Operating plan.>>  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.

    [[Page 136 STAT. 499]]

        Sec. 517.  The <<NOTE: Reports. Contracts. Grants.>>  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 <<NOTE: Mexico.>>  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) <<NOTE: Pornography.>>  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.

    [[Page 136 STAT. 500]]

        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) <<NOTE: Time period.>>  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 <<NOTE: Effective date. Reports. 31 USC 1502 note.>>
    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 <<NOTE: Lists. Deadline. Grants. Time period.>>
    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 <<NOTE: Needles. Syringes. Drugs and drug
    abuse. Consultation. Determination. HIV.>>  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 <<NOTE: Deadline.>>  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.

    [[Page 136 STAT. 501]]

        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) <<NOTE: Applicability. Contracts.>>  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) <<NOTE: Time period.>>  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: <<NOTE: Reimbursement.>>   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) <<NOTE: Real property.>>  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''.

    [[Page 136 STAT. 502]]

    DIVISION I--LEGISLATIVE BRANCH <<NOTE: Legislative Branch Appropriations
    Act, 2022.>>  APPROPRIATIONS ACT, 2022

    TITLE I <<NOTE: 2 USC 60a note.>>

                               LEGISLATIVE BRANCH

                                     SENATE

                               Expense Allowances

        For expense allowances of the Vice President, $20,000; the President
    Pro Tempore of the Senate, $40,000; Majority Leader of the Senate,
    $40,000; Minority Leader of the Senate, $40,000; Majority Whip of the
    Senate, $10,000; Minority Whip of the Senate, $10,000; President Pro
    Tempore Emeritus, $15,000; Chairmen of the Majority and Minority
    Conference Committees, $5,000 for each Chairman; and Chairmen of the
    Majority and Minority Policy Committees, $5,000 for each Chairman; in
    all, $195,000.
        For representation allowances of the Majority and Minority Leaders
    of the Senate, $15,000 for each such Leader; in all, $30,000.

                        Salaries, Officers and Employees

        For compensation of officers, employees, and others as authorized by
    law, including agency contributions, $239,404,000, which shall be paid
    from this appropriation as follows:

                          office of the vice president

        For the Office of the Vice President, $2,641,000.

                       office of the president pro tempore

        For the Office of the President Pro Tempore, $796,000.

                  office of the president pro tempore emeritus

        For the Office of the President Pro Tempore Emeritus, $343,000.

                  offices of the majority and minority leaders

        For Offices of the Majority and Minority Leaders, $5,906,000.

                   offices of the majority and minority whips

        For Offices of the Majority and Minority Whips, $3,774,000.

                           committee on appropriations

        For salaries of the Committee on Appropriations, $16,900,000.

                              conference committees

        For the Conference of the Majority and the Conference of the
    Minority, at rates of compensation to be fixed by the Chairman of each
    such committee, $1,813,000 for each such committee; in all, $3,626,000.

    [[Page 136 STAT. 503]]

      offices of the secretaries of the conference of the majority and the
                           conference of the minority

        For Offices of the Secretaries of the Conference of the Majority and
    the Conference of the Minority, $900,000.

                                policy committees

        For salaries of the Majority Policy Committee and the Minority
    Policy Committee, $1,852,000 for each such committee; in all,
    $3,704,000.

                             office of the chaplain

        For Office of the Chaplain, $562,000.

                             office of the secretary

        For Office of the Secretary, $28,091,000.

                  office of the sergeant at arms and doorkeeper

        For Office of the Sergeant at Arms and Doorkeeper, $98,563,000.

            offices of the secretaries for the majority and minority

        For Offices of the Secretary for the Majority and the Secretary for
    the Minority, $2,038,000.

                    agency contributions and related expenses

        For agency contributions for employee benefits, as authorized by
    law, and related expenses, $71,560,000.

                 Office of the Legislative Counsel of the Senate

        For salaries and expenses of the Office of the Legislative Counsel
    of the Senate, $7,353,000.

                         Office of Senate Legal Counsel

        For salaries and expenses of the Office of Senate Legal Counsel,
    $1,299,000.

    Expense Allowances of the Secretary of the Senate, Sergeant at Arms and
    Doorkeeper of the Senate, and Secretaries for the Majority and Minority
                                  of the Senate

        For expense allowances of the Secretary of the Senate, $7,500;
    Sergeant at Arms and Doorkeeper of the Senate, $7,500; Secretary for the
    Majority of the Senate, $7,500; Secretary for the Minority of the
    Senate, $7,500; in all, $30,000.

                        Contingent Expenses of the Senate

                          inquiries and investigations

        For expenses of inquiries and investigations ordered by the Senate,
    or conducted under paragraph 1 of rule XXVI of the

    [[Page 136 STAT. 504]]

    Standing Rules of the Senate, section 112 of the Supplemental
    Appropriations and Rescission Act, 1980 (Public Law 96-304), and Senate
    Resolution 281, 96th Congress, agreed to March 11, 1980, $136,600,000,
    of which $13,660,000 shall remain available until September 30, 2024.

              u.s. senate caucus on international narcotics control

        For expenses of the United States Senate Caucus on International
    Narcotics Control, $530,000.

                             secretary of the senate

        For expenses of the Office of the Secretary of the Senate,
    $23,036,000, of which $8,936,000 shall remain available until September
    30, 2026, and of which $14,100,000 shall remain available until
    expended.

                  sergeant at arms and doorkeeper of the senate

        For expenses of the Office of the Sergeant at Arms and Doorkeeper of
    the Senate, $151,820,874, of which $147,820,874 shall remain available
    until September 30, 2026, and of which $4,000,000 shall be for Senate
    hearing room audiovisual equipment, to remain available until expended.

    sergeant at arms <<NOTE: Spending plans. Updates.>>  business continuity
    and disaster recovery fund

        For expenses of the Sergeant at Arms Business Continuity and
    Disaster Recovery Fund established in section 5 of the Legislative
    Branch Appropriations Act, 1991 (2 U.S.C. 6611), as amended by section
    103 of this Act, $25,000,000, which shall remain available until
    expended:  Provided, That such amount and any amounts transferred to the
    Fund shall be allocated in accordance with a spending plan submitted to
    the Committee on Appropriations of the Senate:  Provided further, That
    the spending plan in the preceding proviso must be updated before any
    amount in the Fund is obligated, if such obligation is not in accordance
    with that plan:  Provided further, That if the Sergeant at Arms submits
    to the Committee on Appropriations of the Senate a request for emergency
    supplemental funding, the Sergeant at Arms shall include with the
    request an update to the latest spending plan submitted to the Committee
    on Appropriations of the Senate:  Provided further, That any spending
    plan submitted pursuant to the preceding three provisos shall include a
    presentation of the total amount of obligated and unobligated amounts in
    the Fund.

                               miscellaneous items

        For miscellaneous items, $23,021,500 which shall remain available
    until September 30, 2024.

             senators' official personnel and office expense account

        For Senators' Official Personnel and Office Expense Account,
    $486,274,200, of which $20,128,950 shall remain available until
    September 30, 2024, and of which $7,000,000 shall be allocated

    [[Page 136 STAT. 505]]

    solely for the purpose of providing financial compensation to Senate
    interns.

                               official mail costs

        For expenses necessary for official mail costs of the Senate,
    $300,000.

                            Administrative Provisions

     requiring amounts remaining in senators' official personnel and office
       expense account to be used for deficit reduction or to reduce the
                                  federal debt

        Sec. 101.  Notwithstanding <<NOTE: Time periods.>>  any other
    provision of law, any amounts appropriated under this Act under the
    heading ``SENATE'' under the heading ``Contingent Expenses of the
    Senate'' under the heading ``senators' official personnel and office
    expense account'' shall be available for obligation only during the
    fiscal year or fiscal years for which such amounts are made available.
    Any unexpended balances under such allowances remaining after the end of
    the period of availability shall be returned to the Treasury in
    accordance with the undesignated paragraph under the center heading
    ``GENERAL PROVISION'' under chapter XI of the Third Supplemental
    Appropriation Act, 1957 (2 U.S.C. 4107) and used for deficit reduction
    (or, if there is no Federal budget deficit after all such payments have
    been made, for reducing the Federal debt, in such manner as the
    Secretary of the Treasury considers appropriate).

     adjustments to senators' personnel and office expense account allowance

        Sec. 102.  Effective <<NOTE: Effective dates. 2 USC 4575 note.>>  on
    and after October 1, 2021, each of the dollar amounts contained in the
    table under section 105(d)(1)(A) of the Legislative Branch
    Appropriations Act, 1968 (2 U.S.C. 4575(d)(1)(A)) shall be deemed to be
    the dollar amounts in that table, as adjusted by law and in effect on
    September 30, 2021, increased by an additional $75,000 each.

         sergeant at arms business continuity and disaster recovery fund

        Sec. 103.  Section 5 of the Legislative Branch Appropriations Act,
    1991 (2 U.S.C. 6611) is amended--
                (1) by striking all that precedes ``is authorized,'' and
            inserting the following:
    ``SEC. 5. TRANSFER AUTHORITY AND SERGEANT AT ARMS BUSINESS
                        CONTINUITY AND DISASTER RECOVERY FUND.

        ``(a) In General.--The Sergeant at Arms and Doorkeeper of the
    Senate''; and
                (2) by adding at the end the following:

        ``(b) Sergeant at Arms Business Continuity and Disaster Recovery
    Fund.--
                ``(1) Definitions.--In this subsection--

    [[Page 136 STAT. 506]]

                        ``(A) the term `Fund' means the Sergeant at Arms
                    Business Continuity and Disaster Recovery Fund
                    established under paragraph (2); and
                        ``(B) the term `Sergeant at Arms' means the Sergeant
                    at Arms and Doorkeeper of the Senate.
                ``(2) Establishment.--There is established under the heading
            `Contingent Expenses of the Senate' an account to be known as
            the `Sergeant at Arms Business Continuity and Disaster Recovery
            Fund'.
                ``(3) Use of amounts.--Amounts in the Fund shall be
            available to the Sergeant at Arms for purposes of the business
            continuity and disaster recovery needs of the Senate.
                ``(4) Authority to transfer.--
                        ``(A) In general.--Subject to subparagraph (C),
                    prior to the date of the withdrawal of amounts
                    appropriated under the heading `Contingent Expenses of
                    the Senate--sergeant at arms and doorkeeper of the
                    senate' in accordance with the matter under the heading
                    `GENERAL PROVISION' under chapter XI of the Third
                    Supplemental Appropriation Act, 1957 (2 U.S.C. 4107),
                    any unobligated balances of expired discretionary
                    appropriations of such amounts may be transferred by the
                    Sergeant at Arms to the Fund.
                        ``(B) Period of availability.--Amounts transferred
                    under subparagraph (A) shall remain available until
                    expended.
                        ``(C) <<NOTE: Deadline.>>  Notice.--If the Sergeant
                    at Arms intends to transfer amounts under subparagraph
                    (A), the Sergeant at Arms shall submit to the Committee
                    on Appropriations of the Senate written notice not later
                    than 15 days before the date of the withdrawal of such
                    amounts in accordance with the matter under the heading
                    `GENERAL PROVISION' under chapter XI of the Third
                    Supplemental Appropriation Act, 1957 (2 U.S.C. 4107).
                        ``(D) Applicability.--The authority to transfer
                    amounts under this paragraph shall apply with respect to
                    amounts appropriated for fiscal year 2022, or any fiscal
                    year thereafter.
                ``(5) Authorization of appropriations.--There are authorized
            to be appropriated to the Fund such sums as are necessary for
            fiscal year 2022 and each fiscal year thereafter.''.

                            HOUSE OF REPRESENTATIVES

           Payment to Widows and Heirs of Deceased Members of Congress

        Notwithstanding <<NOTE: Jennifer K. Carnahan.>>  any other provision
    of this Act, there is hereby appropriated for fiscal year 2022 for
    payment to Jennifer K. Carnahan, beneficiary of Jim Hagedorn, late a
    Representative from the State of Minnesota, $174,000.

                              Salaries and Expenses

        For salaries and expenses of the House of Representatives,
    $1,714,996,045, as follows:

    [[Page 136 STAT. 507]]

                            House Leadership Offices

        For salaries and expenses, as authorized by law, $34,949,640,
    including: Office of the Speaker, $10,036,950, including $35,000 for
    official expenses of the Speaker; Office of the Majority Floor Leader,
    $3,565,870, including $15,000 for official expenses of the Majority
    Leader; Office of the Minority Floor Leader, $10,036,950, including
    $17,500 for official expenses of the Minority Leader; Office of the
    Majority Whip, including the Chief Deputy Majority Whip, $2,962,080,
    including $5,000 for official expenses of the Majority Whip; Office of
    the Minority Whip, including the Chief Deputy Minority Whip, $2,684,990,
    including $5,000 for official expenses of the Minority Whip; Republican
    Conference, $2,831,400; Democratic Caucus, $2,831,400:  Provided,
    That <<NOTE: Time period.>>  such amount for salaries and expenses shall
    remain available from January 3, 2022 until January 2, 2023.

                      Members' Representational Allowances

        including members' clerk hire, official expenses of members, and
                                  official mail

        For Members' representational allowances, including Members' clerk
    hire, official expenses, and official mail, $774,400,000.

             Allowance for Compensation of Interns in Member Offices

        For the allowance established under section 120 of the Legislative
    Branch Appropriations Act, 2019 (2 U.S.C. 5322a) for the compensation of
    interns who serve in the offices of Members of the House of
    Representatives, $15,435,000, to remain available through January 2,
    2023:  Provided, That notwithstanding section 120(b) of such Act, an
    office of a Member of the House of Representatives may use not more than
    $35,000 of the allowance available under this heading during legislative
    year 2022.

        Allowance for Compensation of Interns in House Leadership Offices

        For the allowance established under section 113 of the Legislative
    Branch Appropriations Act, 2020 (2 U.S.C. 5106) for the compensation of
    interns who serve in House leadership offices, $438,000, to remain
    available through January 2, 2023:  Provided, That of the amount
    provided under this heading, $240,500 shall be available for the
    compensation of interns who serve in offices of the majority, to be
    allocated among such offices by the Speaker of the House of
    Representatives, and $197,500 shall be available for the compensation of
    interns who serve in offices of the minority, to be allocated among such
    offices by the Minority Floor Leader.

      Allowance for Compensation of Interns in House Standing, Special and
                            Select Committee Offices

        For the allowance established under section 113(a)(1) of this Act
    for the compensation of interns who serve in offices of standing,
    special, and select committees (other than the Committee on
    Appropriations), $1,943,910, to remain available through January 2,
    2023:  Provided, That of the amount provided under this heading,
    $971,955

    [[Page 136 STAT. 508]]

    shall be available for the compensation of interns who serve in offices
    of the majority, and $971,955 shall be available for the compensation of
    interns who serve in offices of the minority, to be allocated among such
    offices by the Chair, in consultation with the ranking minority member,
    of the Committee on House Administration.

    Allowance for Compensation of Interns in House Appropriations Committee
                                     Offices

        For the allowance established under section 113(a)(2) of this Act
    for the compensation of interns who serve in offices of the Committee on
    Appropriations, $345,584:  Provided, That <<NOTE: Consultation.>>  of
    the amount provided under this heading, $172,792 shall be available for
    the compensation of interns who serve in offices of the majority, and
    $172,792 shall be available for the compensation of interns who serve in
    offices of the minority, to be allocated among such offices by the
    Chair, in consultation with the ranking minority member, of the
    Committee on Appropriations.

                               Committee Employees

                     Standing Committees, Special and Select

        For salaries and expenses of standing committees, special and
    select, authorized by House resolutions, $167,101,000:  Provided, That
    such amount shall remain available for such salaries and expenses until
    December 31, 2022, except that $3,100,000 of such amount shall remain
    available until expended for committee room upgrading.

                           Committee on Appropriations

        For salaries and expenses of the Committee on Appropriations,
    $29,917,250, including studies and examinations of executive agencies
    and temporary personal services for such committee, to be expended in
    accordance with section 202(b) of the Legislative Reorganization Act of
    1946 and to be available for reimbursement to agencies for services
    performed:  Provided, That such amount shall remain available for such
    salaries and expenses until December 31, 2022.

                        Salaries, Officers and Employees

        For compensation and expenses of officers and employees, as
    authorized by law, $288,480,800, including: for salaries and expenses of
    the Office of the Clerk, including the positions of the Chaplain and the
    Historian, and including not more than $25,000 for official
    representation and reception expenses, of which not more than $20,000 is
    for the Family Room and not more than $2,000 is for the Office of the
    Chaplain, $36,500,000, of which $9,000,000 shall remain available until
    expended; for salaries and expenses of the Office of the Sergeant at
    Arms, including the position of Superintendent of Garages and the Office
    of Emergency Management, and including not more than $3,000 for official
    representation and reception expenses, $27,695,000, of which $15,000,000
    shall remain available until expended; for salaries and expenses of the
    Office of the Chief Administrative Officer including

    [[Page 136 STAT. 509]]

    not more than $3,000 for official representation and reception expenses,
    $193,187,800, of which $30,000,000 shall remain available until
    expended; for salaries and expenses of the Office of Diversity and
    Inclusion, $3,000,000, of which $1,000,000 shall remain available until
    expended; for salaries and expenses of the Office of the Whistleblower
    Ombuds, $1,250,000; for salaries and expenses of the Office of the
    Inspector General, $5,019,000; for salaries and expenses of the Office
    of General Counsel, $1,912,000; for salaries and expenses of the Office
    of the Parliamentarian, including the Parliamentarian, $2,000 for
    preparing the Digest of Rules, and not more than $1,000 for official
    representation and reception expenses, $2,134,000; for salaries and
    expenses of the Office of the Law Revision Counsel of the House,
    $3,600,000; for salaries and expenses of the Office of the Legislative
    Counsel of the House, $12,625,000, of which $2,000,000 shall remain
    available until expended; for salaries and expenses of the Office of
    Interparliamentary Affairs, $934,000; for other authorized employees,
    $624,000.

                             Allowances and Expenses

        For allowances and expenses as authorized by House resolution or
    law, $399,984,861, including: supplies, materials, administrative costs
    and Federal tort claims, $1,555,000; official mail for committees,
    leadership offices, and administrative offices of the House, $190,000;
    Government contributions for health, retirement, Social Security,
    contractor support for actuarial projections, and other applicable
    employee benefits, $356,000,000, to remain available until March 31,
    2023, except that $25,000,000 of such amount shall remain available
    until expended; salaries and expenses for Business Continuity and
    Disaster Recovery, $23,812,861, of which $6,000,000 shall remain
    available until expended; transition activities for new members and
    staff, $5,895,000, to remain available until expended; Green and Gold
    Congressional Aide Program under section 114 of this Act, $9,294,000, to
    remain available until expended; Office of Congressional Ethics,
    $1,738,000; and miscellaneous items including purchase, exchange,
    maintenance, repair and operation of House motor vehicles,
    interparliamentary receptions, and gratuities to heirs of deceased
    employees of the House, $1,500,000.

           House of Representatives Modernization Initiatives Account

                          (including transfer of funds)

        For the House of Representatives Modernization Initiatives Account
    established under section 115 of the Legislative Branch Appropriations
    Act, 2021 (2 U.S.C. 5513), $2,000,000, to remain available until
    expended:  Provided, That <<NOTE: Approval.>>  disbursement from this
    account is subject to approval of the Committee on Appropriations of the
    House of Representatives:  Provided further, That funds provided in this
    account shall only be used for initiatives recommended by the Select
    Committee on Modernization or approved by the Committee on House
    Administration.

    [[Page 136 STAT. 510]]

                            Administrative Provisions

     requiring amounts remaining in members' representational allowances to
           be used for deficit reduction or to reduce the federal debt

        Sec. 110. (a) Notwithstanding any other provision of law, any
    amounts appropriated under this Act for ``HOUSE OF REPRESENTATIVES--
    Salaries and Expenses--members' representational allowances'' shall be
    available only for fiscal year 2022. Any amount remaining after all
    payments are made under such allowances for fiscal year 2022 shall be
    deposited in the Treasury and used for deficit reduction (or, if there
    is no Federal budget deficit after all such payments have been made, for
    reducing the Federal debt, in such manner as the Secretary of the
    Treasury considers appropriate).
        (b) <<NOTE: Regulations.>>  The Committee on House Administration of
    the House of Representatives shall have authority to prescribe
    regulations to carry out this section.

        (c) <<NOTE: Definition.>>  As used in this section, the term
    ``Member of the House of Representatives'' means a Representative in, or
    a Delegate or Resident Commissioner to, the Congress.

                limitation on amount available to lease vehicles

        Sec. 111.  None of the funds made available in this Act may be used
    by the Chief Administrative Officer of the House of Representatives to
    make any payments from any Members' Representational Allowance for the
    leasing of a vehicle, excluding mobile district offices, in an aggregate
    amount that exceeds $1,000 for the vehicle in any month.

              cybersecurity assistance for house of representatives

        Sec. 112.  The head of any Federal entity that provides assistance
    to the House of Representatives in the House's efforts to deter,
    prevent, mitigate, or remediate cybersecurity risks to, and incidents
    involving, the information systems of the House shall take all necessary
    steps to ensure the constitutional integrity of the separate branches of
    the government at all stages of providing the assistance, including
    applying minimization procedures to limit the spread or sharing of
    privileged House and Member information.

        allowances for compensation of interns in house committee offices

        Sec. 113. (a) <<NOTE: 2 USC 4316.>>  Establishment of Allowances.--
    There are established for the House of Representatives the following
    allowances:
                (1) An allowance which shall be available for the
            compensation of interns who serve in offices of a standing,
            special, or select committee of the House (other than the
            Committee on Appropriations).
                (2) An allowance which shall be available for the
            compensation of interns who serve in offices of the Committee on
            Appropriations.

        (b) <<NOTE: Applicability.>>  Benefit Exclusion.--Section 104(b) of
    the House of Representatives Administrative Reform Technical Corrections
    Act (2

    [[Page 136 STAT. 511]]

    U.S.C. 5321(b)) shall apply with respect to an intern who is compensated
    under an allowance under this section in the same manner as such section
    applies with respect to an intern who is compensated under the Members'
    Representational Allowance.

        (c) Definitions.--In this section, the term ``intern'', with respect
    to a committee of the House, has the meaning given such term with
    respect to a Member of the House of Representatives in section 104(c)(2)
    of the House of Representatives Administrative Reform Technical
    Corrections Act (2 U.S.C. 5321(c)(2)).
        (d) Conforming Amendment Relating to Transfer of Amounts.--Section
    101(c)(2) of the Legislative Branch Appropriations Act, 1993 (2 U.S.C.
    5507(c)(2)) is amended by inserting after `` `Allowance for Compensation
    of Interns in Member Offices','' the following: `` `Allowance for
    Compensation of Interns in House Appropriations Committee Offices',
    `Allowance for Compensation of Interns in House Standing, Special and
    Select Committee Offices',''.
        (e) Authorization of Appropriations.--There are authorized to be
    appropriated to carry out this section such sums as may be necessary for
    fiscal year 2022 and each succeeding fiscal year.

                    green and gold congressional aide program

        Sec. 114. (a) <<NOTE: Time period. 2 USC 5514.>>  Establishment.--
    There is established in the House of Representatives the Green and Gold
    Congressional Aide Program (hereafter in this section referred to as the
    ``Program'') for veterans and Gold Star Families, under the direction of
    the Chief Administrative Officer of the House of Representatives, under
    which an eligible individual may serve a 2-year fellowship in the office
    of a Member of the House of Representatives (including a Delegate or
    Resident Commissioner to the Congress) or House Officer.

        (b) Placement.--An individual may serve a fellowship under the
    Program at the Member's office in the District of Columbia or the
    Member's office in the congressional district the Member represents.
    Fellows assigned to House Officers may serve where assigned.
        (c) Exclusion of Appointees for Purposes of Limit on Number of
    Employees in Member Offices.--Any individual serving a fellowship under
    the Program in the office of a Member shall not be included in the
    determination of the number of employees employed by the Member under
    section 104(a) of the House of Representatives Administrative Reform
    Technical Corrections Act (2 U.S.C. 5321(a)).
        (d) Regulations.--The Program shall be carried out in accordance
    with regulations promulgated by the Committee on House Administration.
        (e) Authorization of Appropriations.--There are authorized to be
    appropriated for fiscal year 2022 and each succeeding fiscal year such
    sums as may be necessary to carry out the Program.
        (f) Effective Date.--This section shall apply with respect to fiscal
    year 2022 and each succeeding fiscal year.

                           david r. obey hearing room

        Sec. 115.  Hereafter, <<NOTE: 40 USC 5101 note.>>  the hearing room
    of the Subcommittee on Labor, Health and Human Services, Education, and
    Related

    [[Page 136 STAT. 512]]

    Agencies of the Committee on Appropriations of the House of
    Representatives (room 2358-C of the Rayburn House Office Building) shall
    be known and designated as the ``David R. Obey Room''.

                                   JOINT ITEMS

        For Joint Committees, as follows:

                            Joint Economic Committee

        For salaries and expenses of the Joint Economic Committee,
    $4,283,000, to be disbursed by the Secretary of the Senate.

                           Joint Committee on Taxation

        For salaries and expenses of the Joint Committee on Taxation,
    $12,385,000, to be disbursed by the Chief Administrative Officer of the
    House of Representatives.
        For other joint items, as follows:

                        Office of the Attending Physician

        For medical supplies, equipment, and contingent expenses of the
    emergency rooms, and for the Attending Physician and his assistants,
    including:
                (1) an allowance of $3,500 per month to the Attending
            Physician;
                (2) an allowance of $2,500 per month to the Senior Medical
            Officer;
                (3) an allowance of $900 per month each to three medical
            officers while on duty in the Office of the Attending Physician;
                (4) an allowance of $900 per month to 2 assistants and $900
            per month each not to exceed 11 assistants on the basis
            heretofore provided for such assistants; and
                (5) <<NOTE: Reimbursement.>>  $2,880,000 for reimbursement
            to the Department of the Navy for expenses incurred for staff
            and equipment assigned to the Office of the Attending Physician,
            which shall be advanced and credited to the applicable
            appropriation or appropriations from which such salaries,
            allowances, and other expenses are payable and shall be
            available for all the purposes thereof, $4,063,000, to be
            disbursed by the Chief Administrative Officer of the House of
            Representatives.

                 Office of Congressional Accessibility Services

                              Salaries and Expenses

        For salaries and expenses of the Office of Congressional
    Accessibility Services, $1,606,000, to be disbursed by the Secretary of
    the Senate.

                                 CAPITOL POLICE

                                    Salaries

        For salaries <<NOTE: Notification.>>  of employees of the Capitol
    Police, including overtime, hazardous duty pay, and Government
    contributions for health, retirement, social security, professional
    liability insurance, and other applicable employee benefits,
    $468,861,000 of which overtime

    [[Page 136 STAT. 513]]

    shall not exceed $71,289,224 unless the Committees on Appropriations of
    the House and Senate are notified, to be disbursed by the Chief of the
    Capitol Police or a duly authorized designee.

                                General Expenses

        For necessary expenses of the Capitol Police, including motor
    vehicles, communications and other equipment, security equipment and
    installation, uniforms, weapons, supplies, materials, training, medical
    services, forensic services, stenographic services, personal and
    professional services, the employee assistance program, the awards
    program, postage, communication services, travel advances, relocation of
    instructor and liaison personnel for the Federal Law Enforcement
    Training Centers, and not more than $5,000 to be expended on the
    certification of the Chief of the Capitol Police in connection with
    official representation and reception expenses, $133,648,000, to be
    disbursed by the Chief of the Capitol Police or a duly authorized
    designee:  Provided, That, notwithstanding any other provision of law,
    the cost of basic training for the Capitol Police at the Federal Law
    Enforcement Training Centers for fiscal year 2022 shall be paid by the
    Secretary of Homeland Security from funds available to the Department of
    Homeland Security.

                            Administrative Provision

                           notification of obligation

        Sec. 120. (a) <<NOTE: Effective date. 2 USC 1905b.>>  Beginning on
    the date of enactment of this Act, the Chief of the United States
    Capitol Police shall provide written notice to the Committee on
    Appropriations of the Senate and the Committee on Appropriations of the
    House of Representatives before any obligation of funds under section
    2802(a)(2) of the Supplemental Appropriations Act, 2001 (2 U.S.C.
    1905(a)(2)) that equals or exceeds $100,000.

        (b) <<NOTE: Applicability.>>  This section shall apply with respect
    to fiscal year 2022 and each fiscal year thereafter.

                    OFFICE OF CONGRESSIONAL WORKPLACE RIGHTS

                              Salaries and Expenses

        For salaries <<NOTE: Certification.>>  and expenses necessary for
    the operation of the Office of Congressional Workplace Rights,
    $7,500,000, of which $2,000,000 shall remain available until September
    30, 2023, and of which not more than $1,000 may be expended on the
    certification of the Executive Director in connection with official
    representation and reception expenses.

                           CONGRESSIONAL BUDGET OFFICE

                              Salaries and Expenses

        For salaries <<NOTE: Certification.>>  and expenses necessary for
    operation of the Congressional Budget Office, including not more than
    $6,000 to be expended on the certification of the Director of the
    Congressional Budget Office in connection with official representation
    and reception expenses, $60,953,000:  Provided, That the Director shall
    use not less than $500,000 of the amount made available under this

    [[Page 136 STAT. 514]]

    heading for (1) improving technical systems, processes, and models for
    the purpose of improving the transparency of estimates of budgetary
    effects to Members of Congress, employees of Members of Congress, and
    the public, and (2) to increase the availability of models, economic
    assumptions, and data for Members of Congress, employees of Members of
    Congress, and the public.

                            ARCHITECT OF THE CAPITOL

                       Capital Construction and Operations

        For salaries for the Architect of the Capitol, and other personal
    services, at rates of pay provided by law; for all necessary expenses
    for surveys and studies, construction, operation, and general and
    administrative support in connection with facilities and activities
    under the care of the Architect of the Capitol including the Botanic
    Garden; electrical substations of the Capitol, Senate and House office
    buildings, and other facilities under the jurisdiction of the Architect
    of the Capitol; including furnishings and office equipment; including
    not more than $5,000 for official reception and representation expenses,
    to be expended as the Architect of the Capitol may approve; for purchase
    or exchange, maintenance, and operation of a passenger motor vehicle,
    $139,116,500, of which $5,000,000 shall remain available until September
    30, 2026.

                                Capitol Building

        For all necessary expenses for the maintenance, care and operation
    of the Capitol, $42,579,000, of which $12,899,000 shall remain available
    until September 30, 2026.

                                 Capitol Grounds

        For all necessary expenses for care and improvement of grounds
    surrounding the Capitol, the Senate and House office buildings, and the
    Capitol Power Plant, $15,237,000, of which $2,000,000 shall remain
    available until September 30, 2026.

                             Senate Office Buildings

        For all necessary expenses for the maintenance, care and operation
    of Senate office buildings; and furniture and furnishings to be expended
    under the control and supervision of the Architect of the Capitol,
    $81,977,000, of which $9,000,000 shall remain available until September
    30, 2026, and of which $2,000,000 shall remain available until expended.

                             House Office Buildings

                          (including transfer of funds)

        For all necessary expenses for the maintenance, care and operation
    of the House office buildings, $212,422,500, of which $12,000,000 shall
    remain available until September 30, 2026, and of which $128,000,000
    shall remain available until expended for the restoration and renovation
    of the Cannon House Office Building:  Provided, That of the amount made
    available under this heading, $9,000,000 shall be derived by transfer
    from the House Office

    [[Page 136 STAT. 515]]

    Building Fund established under section 176(d) of the Continuing
    Appropriations Act, 2017, as added by section 101(3) of the Further
    Continuing Appropriation Act, 2017 (Public Law 114-254; 2 U.S.C. 2001
    note).

                               Capitol Power Plant

        For all necessary expenses for the maintenance, care and operation
    of the Capitol Power Plant; lighting, heating, power (including the
    purchase of electrical energy) and water and sewer services for the
    Capitol, Senate and House office buildings, Library of Congress
    buildings, and the grounds about the same, Botanic Garden, Senate
    garage, and air conditioning refrigeration not supplied from plants in
    any of such buildings; heating the Government Publishing Office and
    Washington City Post Office, and heating and chilled water for air
    conditioning for the Supreme Court Building, the Union Station complex,
    the Thurgood Marshall Federal Judiciary Building and the Folger
    Shakespeare Library, expenses for which shall be advanced or reimbursed
    upon request of the Architect of the Capitol and amounts so received
    shall be deposited into the Treasury to the credit of this
    appropriation, $114,598,000, of which $24,575,000 shall remain available
    until September 30, 2026:  Provided, That not more than $10,000,000 of
    the funds credited or to be reimbursed to this appropriation as herein
    provided shall be available for obligation during fiscal year 2022.

                          Library Buildings and Grounds

        For all necessary expenses for the mechanical and structural
    maintenance, care and operation of the Library buildings and grounds,
    $64,544,000, of which $31,000,000 shall remain available until September
    30, 2026.

                 Capitol Police Buildings, Grounds and Security

        For all necessary expenses for the maintenance, care and operation
    of buildings, grounds and security enhancements of the United States
    Capitol Police, wherever located, the Alternate Computing Facility, and
    Architect of the Capitol security operations, $62,389,733, of which
    $637,639 shall remain available until September 30, 2024, and be used to
    make bulk purchases of, store, and distribute in coordination with
    partnering agencies personal protective equipment wherever needed,
    subject to prior notification to the Senate Committee on Appropriations
    and the House Committee on Appropriations, and $30,000,000 shall remain
    available until September 30, 2026.

                                 Botanic Garden

        For all necessary expenses for the maintenance, care and operation
    of the Botanic Garden and the nurseries, buildings, grounds, and
    collections; and purchase and exchange, maintenance, repair, and
    operation of a passenger motor vehicle; all under the direction of the
    Joint Committee on the Library, $24,463,500, of which $10,100,000 shall
    remain available until September 30, 2026:  Provided, That, of the
    amount made available under this heading, the Architect of the Capitol
    may obligate and expend such sums as may be necessary for the
    maintenance, care and operation of

    [[Page 136 STAT. 516]]

    the National Garden established under section 307E of the Legislative
    Branch Appropriations Act, 1989 (2 U.S.C. 2146), upon vouchers approved
    by the Architect of the Capitol or a duly authorized designee.

                             Capitol Visitor Center

        For all necessary expenses for the operation of the Capitol Visitor
    Center, $25,569,000.

                            Administrative Provisions

            no bonuses for contractors behind schedule or over budget

        Sec. 130.  None <<NOTE: Determination.>>  of the funds made
    available in this Act for the Architect of the Capitol may be used to
    make incentive or award payments to contractors for work on contracts or
    programs for which the contractor is behind schedule or over budget,
    unless the Architect of the Capitol, or agency-employed designee,
    determines that any such deviations are due to unforeseeable events,
    government-driven scope changes, or are not significant within the
    overall scope of the project and/or program.

         availability of coins collected from fountains for maintenance
                                   operations

        Sec. 131.  Section 504 of Public Law 110-437 (as codified at 2
    U.S.C. 2273) is amended in subsection (c) by adding before the period at
    the end of the first sentence the following: ``, and maintaining
    fountains under the jurisdiction of the Architect of the Capitol''.

                               LIBRARY OF CONGRESS

                              Salaries and Expenses

        For all necessary expenses of the Library of Congress not otherwise
    provided for, including development and maintenance of the Library's
    catalogs; custody and custodial care of the Library buildings;
    information technology services provided centrally; special clothing;
    cleaning, laundering and repair of uniforms; preservation of motion
    pictures in the custody of the Library; operation and maintenance of the
    American Folklife Center in the Library; preparation and distribution of
    catalog records and other publications of the Library; hire or purchase
    of one passenger motor vehicle; and expenses of the Library of Congress
    Trust Fund Board not properly chargeable to the income of any trust fund
    held by the Board, $550,620,874, and, in addition, amounts credited to
    this appropriation during fiscal year 2022 under the Act of June 28,
    1902 (chapter 1301; 32 Stat. 480; 2 U.S.C. 150), shall remain available
    until expended:  Provided, That the Library of Congress may not obligate
    or expend any funds derived from collections under the Act of June 28,
    1902, in excess of the amount authorized for obligation or expenditure
    in appropriations Acts:  Provided further,
    That <<NOTE: Certification.>>  of the total amount appropriated, not
    more than $18,000 may be expended, on the certification of the Librarian
    of Congress, in connection with official representation and reception
    expenses, including for the Overseas Field Offices:  Provided further,
    That

    [[Page 136 STAT. 517]]

    of the total amount appropriated, $9,661,000 shall remain available
    until expended for the Teaching with Primary Sources program:  Provided
    further, That of the total amount appropriated, $1,419,000 shall remain
    available until expended for upgrade of the Legislative Branch Financial
    Management System:  Provided further, That of the total amount
    appropriated, $250,000 shall remain available until expended for the
    Surplus Books Program to promote the program and facilitate a greater
    number of donations to eligible entities across the United States:
    Provided further, That of the total amount appropriated, $3,831,000
    shall remain available until expended for the Veterans History Project
    to continue digitization efforts of already collected materials, reach a
    greater number of veterans to record their stories, and promote public
    access to the Project:  Provided further, That <<NOTE: Approval.>>  of
    the total amount appropriated, $10,000,000 shall remain available until
    expended for the Library's Visitor Experience project, and may be
    obligated and expended only upon approval by the Subcommittee on the
    Legislative Branch of the Committee on Appropriations of the House of
    Representatives and by the Subcommittee on the Legislative Branch of the
    Committee on Appropriations of the Senate.

                                Copyright Office

                              salaries and expenses

        For all necessary expenses of the Copyright Office, $98,038,000, of
    which not more than $38,004,000, to remain available until expended,
    shall be derived from collections credited to this appropriation during
    fiscal year 2022 under sections 708(d) and 1316 of title 17, United
    States Code:  Provided, That the Copyright Office may not obligate or
    expend any funds derived from collections under such section in excess
    of the amount authorized for obligation or expenditure in appropriations
    Acts:  Provided further, That not more than $6,969,000 shall be derived
    from collections during fiscal year 2022 under sections 111(d)(2),
    119(b)(3), 803(e), and 1005 of such title:  Provided further, That the
    total amount available for obligation shall be reduced by the amount by
    which collections are less than $44,973,000:  Provided further, That of
    the funds provided under this heading, not less than $17,100,000 is for
    modernization initiatives, of which $10,000,000 shall remain available
    until September 30, 2023:  Provided further, That not more than $100,000
    of the amount appropriated is available for the maintenance of an
    ``International Copyright Institute'' in the Copyright Office of the
    Library of Congress for the purpose of training nationals of developing
    countries in intellectual property laws and policies:  Provided further,
    That <<NOTE: Certification.>>  not more than $6,500 may be expended, on
    the certification of the Librarian of Congress, in connection with
    official representation and reception expenses for activities of the
    International Copyright Institute and for copyright delegations,
    visitors, and seminars:  Provided further, That, notwithstanding any
    provision of chapter 8 of title 17, United States Code, any amounts made
    available under this heading which are attributable to royalty fees and
    payments received by the Copyright Office pursuant to sections 111, 119,
    and chapter 10 of such title may be used for the costs incurred in the
    administration of the Copyright Royalty Judges program, with the
    exception of the costs

    [[Page 136 STAT. 518]]

    of salaries and benefits for the Copyright Royalty Judges and staff
    under section 802(e).

                         Congressional Research Service

                              salaries and expenses

        For all necessary expenses to carry out the provisions of section
    203 of the Legislative Reorganization Act of 1946 (2 U.S.C. 166) and to
    revise and extend the Annotated Constitution of the United States of
    America, $129,106,000:  Provided, That <<NOTE: Advance approval.>>  no
    part of such amount may be used to pay any salary or expense in
    connection with any publication, or preparation of material therefor
    (except the Digest of Public General Bills), to be issued by the Library
    of Congress unless such publication has obtained prior approval of
    either the Committee on House Administration of the House of
    Representatives or the Committee on Rules and Administration of the
    Senate:  Provided further, That this prohibition does not apply to
    publication of non-confidential Congressional Research Service (CRS)
    products:  Provided further, That a non-confidential CRS product
    includes any written product containing research or analysis that is
    currently available for general congressional access on the CRS
    Congressional Intranet, or that would be made available on the CRS
    Congressional Intranet in the normal course of business and does not
    include material prepared in response to Congressional requests for
    confidential analysis or research.

            National Library Service for the Blind and Print Disabled

                              salaries and expenses

        For all necessary expenses to carry out the Act of March 3, 1931
    (chapter 400; 46 Stat. 1487; 2 U.S.C. 135a), $61,227,000:  Provided,
    That of the total amount appropriated, $650,000 shall be available to
    contract to provide newspapers to blind and print disabled residents at
    no cost to the individual.

                            Administrative Provisions

                   reimbursable and revolving fund activities

        Sec. 140. (a) In General.--For fiscal year 2022, the obligational
    authority of the Library of Congress for the activities described in
    subsection (b) may not exceed $292,430,000.
        (b) Activities.--The activities referred to in subsection (a) are
    reimbursable and revolving fund activities that are funded from sources
    other than appropriations to the Library in appropriations Acts for the
    legislative branch.

                                      gifts

        Sec. 141. (a) Revising Authorities of Librarian to Accept Gifts.--
    The first undesignated paragraph of section 4 of the Act entitled ``An
    Act to create a Library of Congress Trust Fund Board, and for other
    purposes'', approved March 3, 1925 (2 U.S.C. 160), is amended--
                (1) in the first sentence--

    [[Page 136 STAT. 519]]

                        (A) by striking ``and'' before ``(3) gifts or
                    bequests of money for immediate disbursement''; and
                        (B) by striking the period at the end and inserting
                    the following: ``; and (4) gifts or bequests of
                    securities or other personal property.'';
                (2) in the second sentence, by inserting ``of money'' after
            ``bequests'';
                (3) in the third sentence, by striking ``enter them'' and
            inserting ``enter the gift, bequest, or proceeds''; and
                (4) by inserting after the second sentence the following new
            sentence: ``In the case of a gift of securities, the Librarian
            shall sell the gift and provide the donor with such
            acknowledgment as needed for the donor to substantiate the
            gift.''.

        (b) <<NOTE: 2 USC 160 note.>>  Effective Date.--The amendments made
    by this section shall apply with respect to fiscal year 2022 and each
    succeeding fiscal year.

       library of congress orders under task and delivery order contracts

        Sec. 142. (a) <<NOTE: 2 USC 186.>>  Contract Modifications.--An
    order issued under a task order contract or a delivery order contract
    (as such terms are defined in section 4101 of title 41, United States
    Code) entered into by the Librarian of Congress may not increase the
    scope, period, or maximum value of the contract under which the order is
    issued. The scope, period, or maximum value of the contract may be
    increased only by modification of the contract.

        (b) Exceptions From Advertising Requirement.--Section 6102 of title
    41, United States Code, is amended by adding at the end the following:
        ``(j) Librarian of Congress.--Section 6101 of this title does not
    apply to a procurement made against an order placed under a task order
    contract or a delivery order contract (as such terms are defined in
    section 4101 of this title) entered into by the Librarian of
    Congress.''.
        (c) Protests.--
                (1) Protest not authorized.--A protest to an order described
            in subsection (a) filed pursuant to the procedures in subchapter
            V of chapter 35 of title 31, United States Code, is not
            authorized unless such protest--
                        (A) is an objection on the basis that the order is
                    in violation of subsection (a); or
                        (B) concerns an order valued in excess of
                    $10,000,000.
                (2) Jurisdiction over protests.--Notwithstanding section
            3556 of title 31, United States Code, the Comptroller General
            shall have exclusive jurisdiction of a protest authorized under
            paragraph (1)(B).

        (d) Effective Date.--This section and the amendment made by this
    section shall apply with respect to fiscal year 2022 and each succeeding
    fiscal year.

    [[Page 136 STAT. 520]]

                          GOVERNMENT PUBLISHING OFFICE

                            Congressional Publishing

                          (including transfer of funds)

        For authorized publishing of congressional information and the
    distribution of congressional information in any format; publishing of
    Government publications authorized by law to be distributed to Members
    of Congress; and publishing, and distribution of Government publications
    authorized by law to be distributed without charge to the recipient,
    $78,872,161:  Provided, That this appropriation shall not be available
    for paper copies of the permanent edition of the Congressional Record
    for individual Representatives, Resident Commissioners or Delegates
    authorized under section 906 of title 44, United States Code:  Provided
    further, That this appropriation shall be available for the payment of
    obligations incurred under the appropriations for similar purposes for
    preceding fiscal years:  Provided further, That <<NOTE: Time periods.>>
    notwithstanding the 2-year limitation under section 718 of title 44,
    United States Code, none of the funds appropriated or made available
    under this Act or any other Act for printing and binding and related
    services provided to Congress under chapter 7 of title 44, United States
    Code, may be expended to print a document, report, or publication after
    the 27-month period beginning on the date that such document, report, or
    publication is authorized by Congress to be printed, unless Congress
    reauthorizes such printing in accordance with section 718 of title 44,
    United States Code:  Provided further, That <<NOTE: Deadline. Time
    periods. Approval.>>  unobligated or unexpended balances of expired
    discretionary funds made available under this heading in this Act for
    this fiscal year may be transferred to, and merged with, funds under the
    heading ``Government Publishing Office Business Operations Revolving
    Fund'' no later than the end of the fifth fiscal year after the last
    fiscal year for which such funds are available for the purposes for
    which appropriated, to be available for carrying out the purposes of
    this heading, subject to the approval of the Committees on
    Appropriations of the House of Representatives and the Senate:  Provided
    further, That notwithstanding sections 901, 902, and 906 of title 44,
    United States Code, this appropriation may be used to prepare indexes to
    the Congressional Record on only a monthly and session basis.

         Public Information Programs of the Superintendent of Documents

                              salaries and expenses

                          (including transfer of funds)

        For expenses of the public information programs of the Office of
    Superintendent of Documents necessary to provide for the cataloging and
    indexing of Government publications in any format, and their
    distribution to the public, Members of Congress, other Government
    agencies, and designated depository and international exchange libraries
    as authorized by law, $34,020,000:  Provided, That amounts of not more
    than $2,000,000 from current year appropriations are authorized for
    producing and disseminating Congressional serial sets and other related
    publications for the preceding

    [[Page 136 STAT. 521]]

    two fiscal years to depository and other designated libraries:  Provided
    further, That <<NOTE: Deadline. Time periods. Approval.>>  unobligated
    or unexpended balances of expired discretionary funds made available
    under this heading in this Act for this fiscal year may be transferred
    to, and merged with, funds under the heading ``Government Publishing
    Office Business Operations Revolving Fund'' no later than the end of the
    fifth fiscal year after the last fiscal year for which such funds are
    available for the purposes for which appropriated, to be available for
    carrying out the purposes of this heading, subject to the approval of
    the Committees on Appropriations of the House of Representatives and the
    Senate.

         Government Publishing Office Business Operations Revolving Fund

        For payment to the Government Publishing Office Business Operations
    Revolving Fund, $11,345,000, to remain available until expended, for
    information technology development and facilities repair:  Provided,
    That the Government Publishing Office is hereby authorized to make such
    expenditures, within the limits of funds available and in accordance
    with law, and to make such contracts and commitments without regard to
    fiscal year limitations as provided by section 9104 of title 31, United
    States Code, as may be necessary in carrying out the programs and
    purposes set forth in the budget for the current fiscal year for the
    Government Publishing Office Business Operations Revolving Fund:
    Provided further, That <<NOTE: Certification.>>  not more than $7,500
    may be expended on the certification of the Director of the Government
    Publishing Office in connection with official representation and
    reception expenses:  Provided further, That the Business Operations
    Revolving Fund shall be available for the hire or purchase of not more
    than 12 passenger motor vehicles:  Provided further, That expenditures
    in connection with travel expenses of the advisory councils to the
    Director of the Government Publishing Office shall be deemed necessary
    to carry out the provisions of title 44, United States Code:  Provided
    further, That the Business Operations Revolving Fund shall be available
    for temporary or intermittent services under section 3109(b) of title 5,
    United States Code, but at rates for individuals not more than the daily
    equivalent of the annual rate of basic pay for level V of the Executive
    Schedule under section 5316 of such title:  Provided further, That
    activities financed through the Business Operations Revolving Fund may
    provide information in any format:  Provided further, That the Business
    Operations Revolving Fund and the funds provided under the heading
    ``Public Information Programs of the Superintendent of Documents'' may
    not be used for contracted security services at Government Publishing
    Office's passport facility in the District of Columbia.

                        GOVERNMENT ACCOUNTABILITY OFFICE

                              Salaries and Expenses

        For necessary expenses of the Government Accountability Office,
    including not more than $12,500 to be expended on the certification of
    the Comptroller General of the United States in connection with official
    representation and reception expenses; temporary or intermittent
    services under section 3109(b) of title 5, United States Code, but at
    rates for individuals not more than

    [[Page 136 STAT. 522]]

    the daily equivalent of the annual rate of basic pay for level IV of the
    Executive Schedule under section 5315 of such title; hire of one
    passenger motor vehicle; advance payments in foreign countries in
    accordance with section 3324 of title 31, United States Code; benefits
    comparable to those payable under sections 901(5), (6), and (8) of the
    Foreign Service Act of 1980 (22 U.S.C. 4081(5), (6), and (8)); and under
    regulations prescribed by the Comptroller General of the United States,
    rental of living quarters in foreign countries, $719,230,113:  Provided,
    That, in addition, $38,900,000 of payments received under sections 782,
    791, 3521, and 9105 of title 31, United States Code, shall be available
    without fiscal year limitation:  Provided further,
    That <<NOTE: Determination.>>  this appropriation and appropriations for
    administrative expenses of any other department or agency which is a
    member of the National Intergovernmental Audit Forum or a Regional
    Intergovernmental Audit Forum shall be available to finance an
    appropriate share of either Forum's costs as determined by the
    respective Forum, including necessary travel expenses of non-Federal
    participants: <<NOTE: Reimbursements.>>   Provided further, That
    payments hereunder to the Forum may be credited as reimbursements to any
    appropriation from which costs involved are initially financed.

             CONGRESSIONAL OFFICE FOR INTERNATIONAL LEADERSHIP FUND

        For a payment to the Congressional Office for International
    Leadership Fund for financing activities of the Congressional Office for
    International Leadership under section 313 of the Legislative Branch
    Appropriations Act, 2001 (2 U.S.C. 1151), as amended by section 140 of
    this Act, $6,000,000:  Provided, That <<NOTE: Russia.>>  funds made
    available to support Russian participants shall only be used for those
    engaging in free market development, humanitarian activities, and civic
    engagement, and shall not be used for officials of the central
    government of Russia.

                            Administrative Provision

     conversion of open world leadership center to congressional office for
                            international leadership

        Sec. 150. (a) Conversion.--
                (1) Establishment of office.--Section 313 of the Legislative
            Branch Appropriations Act, 2001 (2 U.S.C. 1151) is amended--
                        (A) in the heading, by striking ``OPEN WORLD
                    LEADERSHIP CENTER'' and inserting ``CONGRESSIONAL OFFICE
                    FOR INTERNATIONAL LEADERSHIP'';
                        (B) by amending paragraph (1) of subsection (a) to
                    read as follows:
                ``(1) In general.--There is established in the legislative
            branch of the Government an office to be known as the
            `Congressional Office for International Leadership' (the
            `Office').''; and
                        (C) in paragraph (2) of subsection (a), by striking
                    ``The Center'' and inserting ``The Office''.
                (2) Purpose; grant program; application.--Section 313(b) of
            such Act (2 U.S.C. 1151(b)) is amended--
                        (A) in paragraph (1), by striking ``the Center'' and
                    inserting ``the Office'';

    [[Page 136 STAT. 523]]

                        (B) in paragraph (2), by striking ``the Center''
                    each place it appears and inserting ``the Office'';
                        (C) in paragraph (3)(C)(iii), by striking ``the
                    Center'' and inserting ``the Office'';
                        (D) in paragraph (4)(A), by striking ``the Center''
                    each place it appears and inserting ``the Office''; and
                        (E) in paragraph (4)(B)(iv), by striking ``the
                    Center'' and inserting ``the Office''.
                (3) Trust fund.--Section 313(c) of such Act (2 U.S.C.
            1151(c)) is amended--
                        (A) by amending paragraph (1) to read as follows:
                ``(1) In general.--There is established in the Treasury of
            the United States a trust fund to be known as the `Congressional
            Office for International Leadership Fund' (the `Fund'), which
            shall consist of amounts which may be appropriated, credited, or
            transferred to it under this section.''; and
                        (B) by striking ``the Center'' each place it appears
                    in paragraphs (2) and (3)(B) and inserting ``the
                    Office''.
                (4) Executive director.--Section 313(d) of such Act (2
            U.S.C. 1151(d)) is amended by striking ``the Center'' each place
            it appears and inserting ``the Office''.
                (5) Administrative provisions.--Section 313(e) of such Act
            (2 U.S.C. 1151(e)) is amended by striking ``the Center'' each
            place it appears and inserting ``the Office''.

        (b) Participation of Emerging Civic Leaders of Eligible Foreign
    States.--Section 313(b) of such Act (2 U.S.C. 1151(b)) is amended by
    striking ``political leaders'' each place it appears in paragraphs (1)
    and (2) and inserting ``political and civic leaders''.
        (c) <<NOTE: 2 USC 1151 note.>>  References in Law.--Any reference in
    any law, rule, or regulation--
                (1) to the Open World Leadership Center shall be deemed to
            refer to the Congressional Office for International Leadership;
            and
                (2) to the Open World Leadership Center Trust Fund shall be
            deemed to refer to the Congressional Office for International
            Leadership Fund.

        (d) <<NOTE: 2 USC 1151 note.>>  Effective Date; Transition.--
                (1) Effective date.--This section and the amendments made by
            this section shall take effect on or after the later of October
            1, 2021, or the date of the enactment of this Act.
                (2) <<NOTE: Appointment.>>  Service of current executive
            director.--The individual serving as the Executive Director of
            the Open World Leadership Center as of the day before the date
            of the enactment of this Act shall be deemed to have been
            appointed by the Librarian of Congress to serve as the Executive
            Director of the Congressional Office for International
            Leadership.

       JOHN C. STENNIS CENTER FOR PUBLIC SERVICE TRAINING AND DEVELOPMENT

        For payment to the John C. Stennis Center for Public Service
    Development Trust Fund established under section 116 of the John C.
    Stennis Center for Public Service Training and Development Act (2 U.S.C.
    1105), $430,000.

    [[Page 136 STAT. 524]]

                                    TITLE II

                               GENERAL PROVISIONS

                    maintenance and care of private vehicles

        Sec. 201.  No part of the funds appropriated in this Act shall be
    used for the maintenance or care of private vehicles, except for
    emergency assistance and cleaning as may be provided under regulations
    relating to parking facilities for the House of Representatives issued
    by the Committee on House Administration and for the Senate issued by
    the Committee on Rules and Administration.

                             fiscal year limitation

        Sec. 202.  No part of the funds appropriated in this Act shall
    remain available for obligation beyond fiscal year 2022 unless expressly
    so provided in this Act.

                      rates of compensation and designation

        Sec. 203.  Whenever in this Act any office or position not
    specifically established by the Legislative Pay Act of 1929 (46 Stat. 32
    et seq.) is appropriated for or the rate of compensation or designation
    of any office or position appropriated for is different from that
    specifically established by such Act, the rate of compensation and the
    designation in this Act shall be the permanent law with respect thereto:
     Provided, That the provisions in this Act for the various items of
    official expenses of Members, officers, and committees of the Senate and
    House of Representatives, and clerk hire for Senators and Members of the
    House of Representatives shall be the permanent law with respect
    thereto.

                               consulting services

        Sec. 204.  The <<NOTE: Contracts. Public information.>>  expenditure
    of any appropriation under this Act for any consulting service through
    procurement contract, under section 3109 of title 5, United States Code,
    shall be limited to those contracts where such expenditures are a matter
    of public record and available for public inspection, except where
    otherwise provided under existing law, or under existing Executive order
    issued under existing law.

             costs of legislative branch financial managers council

        Sec. 205.  Amounts <<NOTE: Determination.>>  available for
    administrative expenses of any legislative branch entity which
    participates in the Legislative Branch Financial Managers Council
    (LBFMC) established by charter on March 26, 1996, shall be available to
    finance an appropriate share of LBFMC costs as determined by the LBFMC,
    except that the total LBFMC costs to be shared among all participating
    legislative branch entities (in such allocations among the entities as
    the entities may determine) may not exceed $2,000.

                             limitation on transfers

        Sec. 206.  None of the funds made available in this Act may be
    transferred to any department, agency, or instrumentality of the United
    States Government, except pursuant to a transfer made

    [[Page 136 STAT. 525]]

    by, or transfer authority provided in, this Act or any other
    appropriation Act.

                           guided tours of the capitol

        Sec. 207. (a) Except as provided in subsection (b), none of the
    funds made available to the Architect of the Capitol in this Act may be
    used to eliminate or restrict guided tours of the United States Capitol
    which are led by employees and interns of offices of Members of Congress
    and other offices of the House of Representatives and Senate, unless
    through regulations as authorized by section 402(b)(8) of the Capitol
    Visitor Center Act of 2008 (2 U.S.C. 2242(b)(8)).
        (b) At the direction of the Capitol Police Board, or at the
    direction of the Architect of the Capitol with the approval of the
    Capitol Police Board, guided tours of the United States Capitol which
    are led by employees and interns described in subsection (a) may be
    suspended temporarily or otherwise subject to restriction for security
    or related reasons to the same extent as guided tours of the United
    States Capitol which are led by the Architect of the Capitol.

             limitation on telecommunications equipment procurement

        Sec. 208. (a) <<NOTE: Huawei Technologies Company. ZTE
    Corporation. Review.>>  None of the funds appropriated or otherwise made
    available under this Act may be used to acquire telecommunications
    equipment produced by Huawei Technologies Company or ZTE Corporation for
    a high or moderate impact information system, as defined for security
    categorization in the National Institute of Standards and Technology's
    (NIST) Federal Information Processing Standard Publication 199,
    ``Standards for Security Categorization of Federal Information and
    Information Systems'' unless the agency, office, or other entity
    acquiring the equipment or system has--
                (1) reviewed the supply chain risk for the information
            systems against criteria developed by NIST to inform acquisition
            decisions for high or moderate impact information systems within
            the Federal Government;
                (2) reviewed the supply chain risk from the presumptive
            awardee against available and relevant threat information
            provided by the Federal Bureau of Investigation and other
            appropriate agencies; and
                (3) <<NOTE: Consultation. Assessment. Cyber
            threats. China. Iran. North Korea. Russia.>>  in consultation
            with the Federal Bureau of Investigation or other appropriate
            Federal entity, conducted an assessment of any risk of cyber-
            espionage or sabotage associated with the acquisition of such
            telecommunications equipment for inclusion in a high or moderate
            impact system, including any risk associated with such system
            being produced, manufactured, or assembled by one or more
            entities identified by the United States Government as posing a
            cyber threat, including but not limited to, those that may be
            owned, directed, or subsidized by the People's Republic of
            China, the Islamic Republic of Iran, the Democratic People's
            Republic of Korea, or the Russian Federation.

        (b) <<NOTE: Consultations.>>  None of the funds appropriated or
    otherwise made available under this Act may be used to acquire a high or
    moderate impact information system reviewed and assessed under
    subsection (a) unless the head of the assessing entity described in
    subsection (a) has-- <<NOTE: Determination.>>

    [[Page 136 STAT. 526]]

                (1) <<NOTE: Mitigation strategy.>>  developed, in
            consultation with NIST and supply chain risk management experts,
            a mitigation strategy for any identified risks;
                (2) <<NOTE: Determination.>>  determined, in consultation
            with NIST and the Federal Bureau of Investigation, that the
            acquisition of such telecommunications equipment for inclusion
            in a high or moderate impact system is in the vital national
            security interest of the United States; and
                (3) <<NOTE: Reports.>>  reported that determination to the
            Committees on Appropriations of the House of Representatives and
            the Senate in a manner that identifies the telecommunications
            equipment for inclusion in a high or moderate impact system
            intended for acquisition and a detailed description of the
            mitigation strategies identified in paragraph (1), provided that
            such report may include a classified annex as necessary.

                   prohibition on certain operational expenses

        Sec. 209. (a) <<NOTE: Pornography.>>  None of the funds made
    available in this Act may be used to maintain or establish a computer
    network unless such network blocks the viewing, downloading, and
    exchanging of pornography.

        (b) Nothing in subsection (a) shall limit the use of funds necessary
    for any Federal, State, tribal, or local law enforcement agency or any
    other entity carrying out criminal investigations, prosecution, or
    adjudication activities or other official government activities.

                             plastic waste reduction

        Sec. 210.  All <<NOTE: Contracts. Coordination. Consultation.>>
    agencies and offices funded by this Act that contract with a food
    service provider or providers shall confer and coordinate with such food
    service provider or providers, in consultation with disability advocacy
    groups, to eliminate or reduce plastic waste, including waste from
    plastic straws, explore the use of biodegradable items, and increase
    recycling and composting opportunities.

                        capitol complex health and safety

        Sec. 211.  In addition to the amounts appropriated under this Act
    under the heading ``Office of the Attending Physician'', there is hereby
    appropriated to the Office of the Attending Physician $5,000,000, to
    remain available until expended, for response to COVID-19, including
    testing, subject to the same terms and conditions as the amounts
    appropriated under such heading.

     annual rate of pay for personnel of certain legislative branch offices

        Sec. 212. (a) Architect of the Capitol.--Section 1 of the Act
    entitled ``An Act to fix the annual rates of pay for the Architect of
    the Capitol and the Assistant Architect of the Capitol'' (2 U.S.C. 1802)
    is amended by striking ``the maximum rate'' and all that follows and
    inserting ``the annual rate of basic pay for level II of the Executive
    Schedule under section 5313 of title 5, United States Code.''.
        (b) Chief of the Capitol Police.--Subsection (c) of the first
    section of the Act entitled ``An Act to establish by law the position

    [[Page 136 STAT. 527]]

    of Chief of the Capitol Police, and for other purposes'' (2 U.S.C. 1902)
    is amended by striking ``$1,000 less than'' and all that follows and
    inserting ``the annual rate of basic pay for level II of the Executive
    Schedule under section 5313 of title 5, United States Code.''.
        (c) <<NOTE: 2 USC 1802 note.>>  Effective Date.--This section and
    the amendments made by this section shall take effect on the first day
    of the first applicable pay period beginning on or after the date of
    enactment of this Act.

                            senate staff compensation

        Sec. 213. (a) In General.--
                (1) Change in maximum rates.--Section 105 of the Legislative
            Branch Appropriation Act, 1968 (2 U.S.C. 4575) is amended by
            striking ``$173,900'' each place it appears and inserting ``the
            annual rate of basic pay in effect for level II of the Executive
            Schedule under section 5313 of title 5, United States Code''.
                (2) Adjustments.--
                        (A) In general.--Section 4 of the Federal Pay
                    Comparability Act of 1970 (2 U.S.C. 4571) is amended--
                              (i) in subsection (a), in the matter following
                          paragraph (2), by striking ``and adjust'' and all
                          that follows through ``and Senators.'' and
                          inserting ``, subject to section 105(f) of the
                          Legislative Branch Appropriation Act, 1968 (2
                          U.S.C. 4575(f)).'';
                              (ii) by striking subsection (d); and
                              (iii) by redesignating subsections (e) and (f)
                          as subsections (d) and (e), respectively.
                        (B) Other adjustments.--Section 315(a) of the
                    Legislative Branch Appropriations Act, 1991 (2 U.S.C.
                    4573(a)) is amended by striking ``to the extent'' and
                    all that follows through ``Senators.'' and inserting ``,
                    subject to section 105(f) of the Legislative Branch
                    Appropriation Act, 1968 (2 U.S.C. 4575(f)).''.

        (b) <<NOTE: 2 USC 4571 note.>>  Effective Date.--This section and
    the amendments made by this section shall take effect on the first day
    of the first applicable pay period beginning on or after the date of
    enactment of this Act.

      plaque to honor members of law enforcement who responded on january 6

        Sec. 214. (a) <<NOTE: 2 USC 2131 note prec.>>  Sense of Congress.--
    It is the sense of Congress that the United States owes its deepest
    gratitude to those officers of the United States Capitol Police and the
    Metropolitan Police Department of the District of Columbia, as well as
    officers from other Federal, State, and local law enforcement agencies
    and protective entities, who valiantly protected the United States
    Capitol, Members of Congress, and staff on January 6, 2021.

        (b) <<NOTE: Deadline.>>  Plaque.--Not later than 1 year after the
    date of the enactment of this Act, the Architect of the Capitol shall
    obtain an honorific plaque listing the names of all of the officers of
    the United States Capitol Police, the Metropolitan Police Department of
    the District of Columbia, and other Federal, State, and local law
    enforcement agencies and protective entities who responded to the
    violence that occurred at the United States Capitol on

    [[Page 136 STAT. 528]]

    January 6, 2021, and shall place the plaque at a permanent location on
    the western front of the United States Capitol.

        (c) Compilation and Confirmation of List of Names.--
                (1) List of names for plaque.--The Chairs and Ranking
            Members of the Committee on House Administration of the House of
            Representatives, the Committee on Rules and Administration of
            the Senate, and the Subcommittees on the Legislative Branch of
            the Committees on Appropriations of the House of Representatives
            and Senate shall jointly compile and confirm a list of the
            officers of the United States Capitol Police, the Metropolitan
            Police Department of the District of Columbia, and other
            Federal, State, and local law enforcement agencies and
            protective entities whose names should be included on the plaque
            under this section.
                (2) Inclusion of names of specific officers.--In compiling
            the list under paragraph (1), the Chairs and Ranking Members of
            the Committees and Subcommittees described in such paragraph
            shall include the names of the specific individuals described in
            paragraph (2) of section 215(c) of H. R. 4346, One Hundred
            Seventeenth Congress, as passed by the House of Representatives
            on July 28, 2021.

        This division may be cited as the ``Legislative Branch
    Appropriations Act, 2022''.

       DIVISION J--MILITARY CONSTRUCTION, <<NOTE: Military Construction,
      Veterans Affairs, and Related Agencies Appropriations Act, 2022.>>
    VETERANS AFFAIRS, AND RELATED AGENCIES APPROPRIATIONS ACT, 2022

                                     TITLE I

                              DEPARTMENT OF DEFENSE

                           Military Construction, Army

        For acquisition, construction, installation, and equipment of
    temporary or permanent public works, military installations, facilities,
    and real property for the Army as currently authorized by law, including
    personnel in the Army Corps of Engineers and other personal services
    necessary for the purposes of this appropriation, and for construction
    and operation of facilities in support of the functions of the Commander
    in Chief, $1,051,772,000, to remain available until September 30, 2026:
    Provided, That, <<NOTE: Determination. Notification.>>  of this amount,
    not to exceed $190,619,000 shall be available for study, planning,
    design, architect and engineer services, and host nation support, as
    authorized by law, unless the Secretary of the Army determines that
    additional obligations are necessary for such purposes and notifies the
    Committees on Appropriations of both Houses of Congress of the
    determination and the reasons therefor:  Provided further, That of the
    amount made available under this heading, $182,080,000 shall be for the
    projects and activities, and in the amounts, specified under the heading
    ``Military Construction, Army'' in the explanatory statement described
    in section 4 (in the matter preceding division A of this consolidated
    Act), in addition to amounts otherwise available for such purposes.

    [[Page 136 STAT. 529]]

                  Military Construction, Navy and Marine Corps

        For acquisition, construction, installation, and equipment of
    temporary or permanent public works, naval installations, facilities,
    and real property for the Navy and Marine Corps as currently authorized
    by law, including personnel in the Naval Facilities Engineering Command
    and other personal services necessary for the purposes of this
    appropriation, $2,644,277,000, to remain available until September 30,
    2026:  Provided, That, <<NOTE: Determination. Notification.>>  of this
    amount, not to exceed $453,652,000 shall be available for study,
    planning, design, and architect and engineer services, as authorized by
    law, unless the Secretary of the Navy determines that additional
    obligations are necessary for such purposes and notifies the Committees
    on Appropriations of both Houses of Congress of the determination and
    the reasons therefor:  Provided further, That of the amount made
    available under this heading, $476,145,000 shall be for the projects and
    activities, and in the amounts, specified under the heading ``Military
    Construction, Navy and Marine Corps'' in the explanatory statement
    described in section 4 (in the matter preceding division A of this
    consolidated Act), in addition to amounts otherwise available for such
    purposes.

                        Military Construction, Air Force

        For acquisition, construction, installation, and equipment of
    temporary or permanent public works, military installations, facilities,
    and real property for the Air Force as currently authorized by law,
    $2,204,750,000, to remain available until September 30, 2026:  Provided,
    That, <<NOTE: Determination. Notification.>>  of this amount, not to
    exceed $287,175,000 shall be available for study, planning, design, and
    architect and engineer services, as authorized by law, unless the
    Secretary of the Air Force determines that additional obligations are
    necessary for such purposes and notifies the Committees on
    Appropriations of both Houses of Congress of the determination and the
    reasons therefor:  Provided further, That of the amount made available
    under this heading, $291,060,000 shall be for the projects and
    activities, and in the amounts, specified under the heading ``Military
    Construction, Air Force'' in the explanatory statement described in
    section 4 (in the matter preceding division A of this consolidated Act),
    in addition to amounts otherwise available for such purposes.

                       Military Construction, Defense-Wide

                          (including transfer of funds)

        For acquisition, construction, installation, and equipment of
    temporary or permanent public works, installations, facilities, and real
    property for activities and agencies of the Department of Defense (other
    than the military departments), as currently authorized by law,
    $2,206,051,000, to remain available until September 30, 2026:  Provided,
    That such amounts of this appropriation as may be determined by the
    Secretary of Defense may be transferred to such appropriations of the
    Department of Defense available for military construction or family
    housing as the Secretary may designate, to be merged with and to be
    available for the same purposes, and for the same time period, as the
    appropriation or fund to which transferred:  Provided further,
    That, <<NOTE: Determination. Notification.>>  of the amount, not to
    exceed $347,727,000 shall be available for study, planning, design,

    [[Page 136 STAT. 530]]

    and architect and engineer services, as authorized by law, unless the
    Secretary of Defense determines that additional obligations are
    necessary for such purposes and notifies the Committees on
    Appropriations of both Houses of Congress of the determination and the
    reasons therefor:  Provided further, That of the amount made available
    under this heading, $91,655,000 shall be for the projects and
    activities, and in the amounts, specified under the heading ``Military
    Construction, Defense-Wide'' in the explanatory statement described in
    section 4 (in the matter preceding division A of this consolidated Act),
    in addition to amounts otherwise available for such purposes.

                   Military Construction, Army National Guard

        For construction, acquisition, expansion, rehabilitation, and
    conversion of facilities for the training and administration of the Army
    National Guard, and contributions therefor, as authorized by chapter
    1803 of title 10, United States Code, and Military Construction
    Authorization Acts, $337,893,000, to remain available until September
    30, 2026:  Provided, That, <<NOTE: Determination. Notification.>>  of
    the amount, not to exceed $57,725,000 shall be available for study,
    planning, design, and architect and engineer services, as authorized by
    law, unless the Director of the Army National Guard determines that
    additional obligations are necessary for such purposes and notifies the
    Committees on Appropriations of both Houses of Congress of the
    determination and the reasons therefor:  Provided further, That of the
    amount made available under this heading, $49,790,000 shall be for the
    projects and activities, and in the amounts, specified under the heading
    ``Military Construction, Army National Guard'' in the explanatory
    statement described in section 4 (in the matter preceding division A of
    this consolidated Act), in addition to amounts otherwise available for
    such purposes.

                    Military Construction, Air National Guard

        For construction, acquisition, expansion, rehabilitation, and
    conversion of facilities for the training and administration of the Air
    National Guard, and contributions therefor, as authorized by chapter
    1803 of title 10, United States Code, and Military Construction
    Authorization Acts, $305,050,000, to remain available until September
    30, 2026:  Provided, That, <<NOTE: Determination. Notification.>>  of
    the amount, not to exceed $23,682,000 shall be available for study,
    planning, design, and architect and engineer services, as authorized by
    law, unless the Director of the Air National Guard determines that
    additional obligations are necessary for such purposes and notifies the
    Committees on Appropriations of both Houses of Congress of the
    determination and the reasons therefor:  Provided further, That of the
    amount made available under this heading, $104,280,000 shall be for the
    projects and activities, and in the amounts, specified under the heading
    ``Military Construction, Air National Guard'' in the explanatory
    statement described in section 4 (in the matter preceding division A of
    this consolidated Act), in addition to amounts otherwise available for
    such purposes.

                       Military Construction, Army Reserve

        For construction, acquisition, expansion, rehabilitation, and
    conversion of facilities for the training and administration of the

    [[Page 136 STAT. 531]]

    Army Reserve as authorized by chapter 1803 of title 10, United States
    Code, and Military Construction Authorization Acts, $94,111,000, to
    remain available until September 30, 2026:  Provided,
    That, <<NOTE: Determination. Notification.>>  of the amount, not to
    exceed $7,167,000 shall be available for study, planning, design, and
    architect and engineer services, as authorized by law, unless the Chief
    of the Army Reserve determines that additional obligations are necessary
    for such purposes and notifies the Committees on Appropriations of both
    Houses of Congress of the determination and the reasons therefor:
    Provided further, That of the amount made available under this heading,
    $29,200,000 shall be for the projects and activities, and in the
    amounts, specified under the heading ``Military Construction, Army
    Reserve'' in the explanatory statement described in section 4 (in the
    matter preceding division A of this consolidated Act), in addition to
    amounts otherwise available for such purposes.

                       Military Construction, Navy Reserve

        For construction, acquisition, expansion, rehabilitation, and
    conversion of facilities for the training and administration of the
    reserve components of the Navy and Marine Corps as authorized by chapter
    1803 of title 10, United States Code, and Military Construction
    Authorization Acts, $71,804,000, to remain available until September 30,
    2026:  Provided, That, <<NOTE: Determination. Notification.>>  of the
    amount, not to exceed $6,005,000 shall be available for study, planning,
    design, and architect and engineer services, as authorized by law,
    unless the Secretary of the Navy determines that additional obligations
    are necessary for such purposes and notifies the Committees on
    Appropriations of both Houses of Congress of the determination and the
    reasons therefor.

                    Military Construction, Air Force Reserve

        For construction, acquisition, expansion, rehabilitation, and
    conversion of facilities for the training and administration of the Air
    Force Reserve as authorized by chapter 1803 of title 10, United States
    Code, and Military Construction Authorization Acts, $120,074,000, to
    remain available until September 30, 2026:  Provided,
    That, <<NOTE: Determination. Notification.>>  of the amount, not to
    exceed $5,830,000 shall be available for study, planning, design, and
    architect and engineer services, as authorized by law, unless the Chief
    of the Air Force Reserve determines that additional obligations are
    necessary for such purposes and notifies the Committees on
    Appropriations of both Houses of Congress of the determination and the
    reasons therefor:  Provided further, That of the amount made available
    under this heading, $41,700,000 shall be for the projects and
    activities, and in the amounts, specified under the heading ``Military
    Construction, Air Force Reserve'' in the explanatory statement described
    in section 4 (in the matter preceding division A of this consolidated
    Act), in addition to amounts otherwise available for such purposes.

                       North Atlantic Treaty Organization

                           Security Investment Program

        For the United States share of the cost of the North Atlantic Treaty
    Organization Security Investment Program for the acquisition and
    construction of military facilities and installations

    [[Page 136 STAT. 532]]

    (including international military headquarters) and for related expenses
    for the collective defense of the North Atlantic Treaty Area as
    authorized by section 2806 of title 10, United States Code, and Military
    Construction Authorization Acts, $215,853,000, to remain available until
    expended.

                   Department of Defense Base Closure Account

        For deposit into the Department of Defense Base Closure Account,
    established by section 2906(a) of the Defense Base Closure and
    Realignment Act of 1990 (10 U.S.C. 2687 note), $529,639,000, to remain
    available until expended.

                        Family Housing Construction, Army

        For expenses of family housing for the Army for construction,
    including acquisition, replacement, addition, expansion, extension, and
    alteration, as authorized by law, $99,849,000, to remain available until
    September 30, 2026.

                 Family Housing Operation and Maintenance, Army

        For expenses of family housing for the Army for operation and
    maintenance, including debt payment, leasing, minor construction,
    principal and interest charges, and insurance premiums, as authorized by
    law, $391,227,000.

               Family Housing Construction, Navy and Marine Corps

        For expenses of family housing for the Navy and Marine Corps for
    construction, including acquisition, replacement, addition, expansion,
    extension, and alteration, as authorized by law, $77,616,000, to remain
    available until September 30, 2026.

         Family Housing Operation and Maintenance, Navy And Marine Corps

        For expenses of family housing for the Navy and Marine Corps for
    operation and maintenance, including debt payment, leasing, minor
    construction, principal and interest charges, and insurance premiums, as
    authorized by law, $357,341,000.

                     Family Housing Construction, Air Force

        For expenses of family housing for the Air Force for construction,
    including acquisition, replacement, addition, expansion, extension, and
    alteration, as authorized by law, $115,716,000, to remain available
    until September 30, 2026.

               Family Housing Operation and Maintenance, Air Force

        For expenses of family housing for the Air Force for operation and
    maintenance, including debt payment, leasing, minor construction,
    principal and interest charges, and insurance premiums, as authorized by
    law, $325,445,000.

    [[Page 136 STAT. 533]]

             Family Housing Operation and Maintenance, Defense-Wide

        For expenses of family housing for the activities and agencies of
    the Department of Defense (other than the military departments) for
    operation and maintenance, leasing, and minor construction, as
    authorized by law, $49,785,000.

                              Department of Defense

                         Family Housing Improvement Fund

        For the Department of Defense Family Housing Improvement Fund,
    $6,081,000, to remain available until expended, for family housing
    initiatives undertaken pursuant to section 2883 of title 10, United
    States Code, providing alternative means of acquiring and improving
    military family housing and supporting facilities.

                              Department of Defense

                 Military Unaccompanied Housing Improvement Fund

        For the Department of Defense Military Unaccompanied Housing
    Improvement Fund, $494,000, to remain available until expended, for
    unaccompanied housing initiatives undertaken pursuant to section 2883 of
    title 10, United States Code, providing alternative means of acquiring
    and improving military unaccompanied housing and supporting facilities.

                            Administrative Provisions

        Sec. 101.  None <<NOTE: Contracts.>>  of the funds made available in
    this title shall be expended for payments under a cost-plus-a-fixed-fee
    contract for construction, where cost estimates exceed $25,000, to be
    performed within the United States, except Alaska, without the specific
    approval in writing of the Secretary of Defense setting forth the
    reasons therefor.

        Sec. 102.  Funds made available in this title for construction shall
    be available for hire of passenger motor vehicles.
        Sec. 103.  Funds <<NOTE: Certification.>>  made available in this
    title for construction may be used for advances to the Federal Highway
    Administration, Department of Transportation, for the construction of
    access roads as authorized by section 210 of title 23, United States
    Code, when projects authorized therein are certified as important to the
    national defense by the Secretary of Defense.

        Sec. 104.  None of the funds made available in this title may be
    used to begin construction of new bases in the United States for which
    specific appropriations have not been made.
        Sec. 105.  None <<NOTE: Determination.>>  of the funds made
    available in this title shall be used for purchase of land or land
    easements in excess of 100 percent of the value as determined by the
    Army Corps of Engineers or the Naval Facilities Engineering Command,
    except: (1) where there is a determination of value by a Federal court;
    (2) purchases negotiated by the Attorney General or the designee of the
    Attorney General; (3) where the estimated value is less than $25,000; or
    (4) as otherwise determined by the Secretary of Defense to be in the
    public interest.

        Sec. 106.  None of the funds made available in this title shall be
    used to: (1) acquire land; (2) provide for site preparation; or

    [[Page 136 STAT. 534]]

    (3) install utilities for any family housing, except housing for which
    funds have been made available in annual Acts making appropriations for
    military construction.
        Sec. 107.  None <<NOTE: Notification.>>  of the funds made available
    in this title for minor construction may be used to transfer or relocate
    any activity from one base or installation to another, without prior
    notification to the Committees on Appropriations of both Houses of
    Congress.

        Sec. 108.  None <<NOTE: Steel.>>  of the funds made available in
    this title may be used for the procurement of steel for any construction
    project or activity for which American steel producers, fabricators, and
    manufacturers have been denied the opportunity to compete for such steel
    procurement.

        Sec. 109.  None of the funds available to the Department of Defense
    for military construction or family housing during the current fiscal
    year may be used to pay real property taxes in any foreign nation.
        Sec. 110.  None <<NOTE: Notification.>>  of the funds made available
    in this title may be used to initiate a new installation overseas
    without prior notification to the Committees on Appropriations of both
    Houses of Congress.

        Sec. 111.  None <<NOTE: Contracts. Japan.>>  of the funds made
    available in this title may be obligated for architect and engineer
    contracts estimated by the Government to exceed $500,000 for projects to
    be accomplished in Japan, in any North Atlantic Treaty Organization
    member country, or in countries bordering the Arabian Gulf, unless such
    contracts are awarded to United States firms or United States firms in
    joint venture with host nation firms.

        Sec. 112.  None <<NOTE: Kwajalein Atoll. Contracts.>>  of the funds
    made available in this title for military construction in the United
    States territories and possessions in the Pacific and on Kwajalein
    Atoll, or in countries bordering the Arabian Gulf, may be used to award
    any contract estimated by the Government to exceed $1,000,000 to a
    foreign contractor:  Provided, That this section shall not be applicable
    to contract awards for which the lowest responsive and responsible bid
    of a United States contractor exceeds the lowest responsive and
    responsible bid of a foreign contractor by greater than 20 percent:
    Provided further, That this section shall not apply to contract awards
    for military construction on Kwajalein Atoll for which the lowest
    responsive and responsible bid is submitted by a Marshallese contractor.

        Sec. 113.  The <<NOTE: Notification. Military exercise. Time
    period.>>  Secretary of Defense shall inform the appropriate committees
    of both Houses of Congress, including the Committees on Appropriations,
    of plans and scope of any proposed military exercise involving United
    States personnel 30 days prior to its occurring, if amounts expended for
    construction, either temporary or permanent, are anticipated to exceed
    $100,000.

        Sec. 114.  Funds appropriated to the Department of Defense for
    construction in prior years shall be available for construction
    authorized for each such military department by the authorizations
    enacted into law during the current session of Congress.
        Sec. 115.  For military construction or family housing projects that
    are being completed with funds otherwise expired or lapsed for
    obligation, expired or lapsed funds may be used to pay the cost of
    associated supervision, inspection, overhead, engineering and design on
    those projects and on subsequent claims, if any.
        Sec. 116.  Notwithstanding any other provision of law, any funds
    made available to a military department or defense agency

    [[Page 136 STAT. 535]]

    for the construction of military projects may be obligated for a
    military construction project or contract, or for any portion of such a
    project or contract, at any time before the end of the fourth fiscal
    year after the fiscal year for which funds for such project were made
    available, if the funds obligated for such project: (1) are obligated
    from funds available for military construction projects; and (2) do not
    exceed the amount appropriated for such project, plus any amount by
    which the cost of such project is increased pursuant to law.

                          (including transfer of funds)

        Sec. 117.  Subject <<NOTE: Time
    periods. Notifications. Determination.>>  to 30 days prior notification,
    or 14 days for a notification provided in an electronic medium pursuant
    to sections 480 and 2883 of title 10, United States Code, to the
    Committees on Appropriations of both Houses of Congress, such additional
    amounts as may be determined by the Secretary of Defense may be
    transferred to: (1) the Department of Defense Family Housing Improvement
    Fund from amounts appropriated for construction in ``Family Housing''
    accounts, to be merged with and to be available for the same purposes
    and for the same period of time as amounts appropriated directly to the
    Fund; or (2) the Department of Defense Military Unaccompanied Housing
    Improvement Fund from amounts appropriated for construction of military
    unaccompanied housing in ``Military Construction'' accounts, to be
    merged with and to be available for the same purposes and for the same
    period of time as amounts appropriated directly to the Fund:  Provided,
    That appropriations made available to the Funds shall be available to
    cover the costs, as defined in section 502(5) of the Congressional
    Budget Act of 1974, of direct loans or loan guarantees issued by the
    Department of Defense pursuant to the provisions of subchapter IV of
    chapter 169 of title 10, United States Code, pertaining to alternative
    means of acquiring and improving military family housing, military
    unaccompanied housing, and supporting facilities.

                          (including transfer of funds)

        Sec. 118.  In addition to any other transfer authority available to
    the Department of Defense, amounts may be transferred from the
    Department of Defense Base Closure Account to the fund established by
    section 1013(d) of the Demonstration Cities and Metropolitan Development
    Act of 1966 (42 U.S.C. 3374) to pay for expenses associated with the
    Homeowners Assistance Program incurred under 42 U.S.C. 3374(a)(1)(A).
    Any amounts transferred shall be merged with and be available for the
    same purposes and for the same time period as the fund to which
    transferred.
        Sec. 119.  Notwithstanding <<NOTE: 10 USC 2821 note.>>  any other
    provision of law, funds made available in this title for operation and
    maintenance of family housing shall be the exclusive source of funds for
    repair and maintenance of all family housing units, including general or
    flag officer quarters:  Provided, That <<NOTE: Time
    periods. Notifications.>>  not more than $35,000 per unit may be spent
    annually for the maintenance and repair of any general or flag officer
    quarters without 30 days prior notification, or 14 days for a
    notification provided in an electronic medium pursuant to sections 480
    and 2883 of title 10, United States Code, to the Committees on
    Appropriations of both Houses of Congress, except that an after-the-fact
    notification shall be submitted if the limitation

    [[Page 136 STAT. 536]]

    is exceeded solely due to costs associated with environmental
    remediation that could not be reasonably anticipated at the time of the
    budget submission:  Provided further, That <<NOTE: Reports.>>  the Under
    Secretary of Defense (Comptroller) is to report annually to the
    Committees on Appropriations of both Houses of Congress all operation
    and maintenance expenditures for each individual general or flag officer
    quarters for the prior fiscal year.

        Sec. 120.  Amounts contained in the Ford Island Improvement Account
    established by subsection (h) of section 2814 of title 10, United States
    Code, are appropriated and shall be available until expended for the
    purposes specified in subsection (i)(1) of such section or until
    transferred pursuant to subsection (i)(3) of such section.

                          (including transfer of funds)

        Sec. 121.  During <<NOTE: Time period. Determination.>>  the 5-year
    period after appropriations available in this Act to the Department of
    Defense for military construction and family housing operation and
    maintenance and construction have expired for obligation, upon a
    determination that such appropriations will not be necessary for the
    liquidation of obligations or for making authorized adjustments to such
    appropriations for obligations incurred during the period of
    availability of such appropriations, unobligated balances of such
    appropriations may be transferred into the appropriation ``Foreign
    Currency Fluctuations, Construction, Defense'', to be merged with and to
    be available for the same time period and for the same purposes as the
    appropriation to which transferred.

                          (including transfer of funds)

        Sec. 122.  Amounts appropriated or otherwise made available in an
    account funded under the headings in this title may be transferred among
    projects and activities within the account in accordance with the
    reprogramming guidelines for military construction and family housing
    construction contained in Department of Defense Financial Management
    Regulation 7000.14-R, Volume 3, Chapter 7, of March 2011, as in effect
    on the date of enactment of this Act.
        Sec. 123.  None of the funds made available in this title may be
    obligated or expended for planning and design and construction of
    projects at Arlington National Cemetery.
        Sec. 124.  For an additional amount for the accounts and in the
    amounts specified, to remain available until September 30, 2026:
                ``Military Construction, Army'', $636,100,000;
                ``Military Construction, Navy and Marine Corps'',
            $1,281,980,000;
                ``Military Construction, Air Force'', $237,450,000;
                ``Military Construction, Defense-Wide'', $93,000,000;
                ``Military Construction, Army National Guard'', $71,000,000;
                ``Military Construction, Air National Guard'', $86,620,000;
                ``Military Construction, Army Reserve'', $29,200,000;
                ``Military Construction, Air Force Reserve'', $44,000,000;
            and
                ``Family Housing Construction, Army'', $88,064,000:

    [[Page 136 STAT. 537]]

      Provided, That such funds may only be obligated to carry out
    construction and cost to complete projects identified in the respective
    military department's unfunded priority list for fiscal year 2022
    submitted to Congress:  Provided further, That such projects are subject
    to authorization prior to obligation and expenditure of funds to carry
    out construction:  Provided further, That <<NOTE: Deadline. Expenditure
    plan.>>  not later than 30 days after enactment of this Act, the
    Secretary of the military department concerned, or his or her designee,
    shall submit to the Committees on Appropriations of both Houses of
    Congress an expenditure plan for funds provided under this section.

        Sec. 125.  All <<NOTE: Allotment. Contracts.>>  amounts appropriated
    to the ``Department of Defense--Military Construction, Army'',
    ``Department of Defense--Military Construction, Navy and Marine Corps'',
    ``Department of Defense--Military Construction, Air Force'', and
    ``Department of Defense--Military Construction, Defense-Wide'' accounts
    pursuant to the authorization of appropriations in a National Defense
    Authorization Act specified for fiscal year 2022 in the funding table in
    section 4601 of that Act shall be immediately available and allotted to
    contract for the full scope of authorized projects.

        Sec. 126.  Notwithstanding section 116 of this Act, funds made
    available in this Act or any available unobligated balances from prior
    appropriations Acts may be obligated before October 1, 2023 for fiscal
    year 2017 military construction projects for which project authorization
    has not lapsed or for which authorization is extended for fiscal year
    2022 by a National Defense Authorization Act:  Provided, That no amounts
    may be obligated pursuant to this section from amounts that were
    designated by the Congress as an emergency requirement pursuant to a
    concurrent resolution on the budget or the Balanced Budget and Emergency
    Deficit Control Act of 1985.

                              (rescission of funds)

        Sec. 127.  Of the unobligated balances available to the Department
    of Defense from prior appropriations Acts under the heading ``Military
    Construction, Defense-Wide'', $131,000,000 is hereby rescinded:
    Provided, That no amounts may be rescinded from amounts that were
    designated by the Congress for Overseas Contingency Operations/Global
    War on Terrorism or as an emergency requirement pursuant to a concurrent
    resolution on the budget or the Balanced Budget and Emergency Deficit
    Control Act of 1985.
        Sec. 128.  For the purposes of this Act, the term ``congressional
    defense committees'' means the Committees on Armed Services of the House
    of Representatives and the Senate, the Subcommittee on Military
    Construction and Veterans Affairs of the Committee on Appropriations of
    the Senate, and the Subcommittee on Military Construction and Veterans
    Affairs of the Committee on Appropriations of the House of
    Representatives.
        Sec. 129.  For an additional amount for the accounts and in the
    amounts specified for planning and design, unspecified minor
    construction, and authorized major construction projects, for
    construction improvements to Department of Defense laboratory
    facilities, to remain available until September 30, 2026:
                ``Military Construction, Army'', $85,000,000;
                ``Military Construction, Navy and Marine Corps'',
            $15,000,000; and

    [[Page 136 STAT. 538]]

                ``Military Construction, Air Force'', $25,000,000:

      Provided, That <<NOTE: Deadline. Expenditure plan.>>  not later than
    30 days after enactment of this Act, the Secretary of the military
    department concerned, or his or her designee, shall submit to the
    Committees on Appropriations of both Houses of Congress an expenditure
    plan for funds provided under this section:  Provided further,
    That <<NOTE: Approval.>>  the Secretary of the military department
    concerned may not obligate or expend any funds prior to approval by the
    Committees on Appropriations of both Houses of Congress of the
    expenditure plan required by this section.

        Sec. 130.  For an additional amount for ``Military Construction,
    Navy and Marine Corps'', $275,000,000, to remain available until
    September 30, 2026, for Shipyard Infrastructure Optimization Plan
    unspecified worldwide construction:  Provided, That such funds may only
    be obligated to carry out construction projects identified in the
    Department of the Navy's unfunded priority list for fiscal year 2022
    submitted to Congress or for planning and design necessary to support
    the Shipyard Infrastructure Optimization Plan:  Provided further,
    That <<NOTE: Deadline. Expenditure plan.>>  not later than 60 days after
    enactment of this Act, the Secretary of the Navy, or his or her
    designee, shall submit to the Committees on Appropriations of both
    Houses of Congress an expenditure plan for funds provided under this
    section.

        Sec. 131.  For an additional amount for ``Military Construction,
    Defense-Wide'', $153,000,000, to remain available until September 30,
    2026:  Provided, That such funds may only be obligated to carry out
    construction projects specified in a National Defense Authorization Act
    for fiscal year 2022 in the funding table in section 4601 of that Act:
    Provided further, That <<NOTE: Deadline. Expenditure plan.>>  not later
    than 30 days after enactment of this Act, the Secretary of Defense, or
    his or her designee, shall submit to the Committees on Appropriations of
    both Houses of Congress an expenditure plan for funds provided under
    this section.

        Sec. 132.  For an additional amount for the accounts and in the
    amounts specified for planning and design and unspecified minor
    construction, for improving military installation resilience, to remain
    available until September 30, 2026:
                ``Military Construction, Army'', $25,000,000;
                ``Military Construction, Navy and Marine Corps'',
            $40,000,000;
                ``Military Construction, Air Force'', $40,000,000; and
                ``Military Construction, Defense-Wide'', $15,000,000:

      Provided, That <<NOTE: Expenditure plan. Deadline.>>  not later than
    60 days after enactment of this Act, the Secretary of the military
    department concerned, or his or her designee, shall submit to the
    Committees on Appropriations of both Houses of Congress an expenditure
    plan for funds provided under this section:  Provided further,
    That <<NOTE: Approval.>>  the Secretary of the military department
    concerned may not obligate or expend any funds prior to approval by the
    Committees on Appropriations of both Houses of Congress of the
    expenditure plan required by this section.

        Sec. 133.  For an additional amount for the accounts and in the
    amounts specified for planning and design, for child development
    centers, to remain available until September 30, 2026:
                ``Military Construction, Army'', $11,000,000;
                ``Military Construction, Navy and Marine Corps'',
            $11,000,000; and
                ``Military Construction, Air Force'', $11,000,000:

    [[Page 136 STAT. 539]]

      Provided, That <<NOTE: Deadline. Expenditure plan.>>  not later than
    60 days after the date of enactment of this Act, the Secretary of the
    military department concerned, or his or her designee, shall submit to
    the Committees on Appropriations of both Houses of Congress an
    expenditure plan for funds provided under this section.

        Sec. 134.  For an additional amount for the accounts and in the
    amounts specified for expenses incurred as a result of natural
    disasters, to remain available until September 30, 2026:
                ``Military Construction, Navy and Marine Corps'',
            $20,000,000; and
                ``Military Construction, Air Force'', $130,000,000:

      Provided, That <<NOTE: Deadline. Expenditure plan.>>  not later than
    60 days after the date of enactment of this Act, the Secretary of the
    military department concerned, or his or her designee, shall submit to
    the Committees on Appropriations of both Houses of Congress an
    expenditure plan for funds provided under this section.

        Sec. 135.  For an additional amount for the accounts and in the
    amounts specified, to remain available until September 30, 2024:
                ``Military Construction, Army National Guard'', $86,536,000;
            and
                ``Military Construction, Air National Guard'', $35,371,000:

      Provided, That such funds may only be obligated to carry out
    construction projects identified in the respective military department's
    cost to complete projects list of previously appropriated projects
    submitted to Congress:  Provided further, That such projects are subject
    to authorization prior to obligation and expenditure of funds to carry
    out construction:  Provided further, That <<NOTE: Deadline. Expenditure
    plan.>>  not later than 30 days after the date of enactment of this Act,
    the Secretary of the military department concerned, or his or her
    designee, shall submit to the Committees on Appropriations of both
    Houses of Congress an expenditure plan for funds provided under this
    section.

        Sec. 136.  The <<NOTE: Waiver authority. Notification.>>  Secretary
    concerned may waive the percentage or dollar cost limitations applicable
    to a military construction project or a military family housing project
    with a total authorized cost less than $500,000,000 pursuant to
    subsection (c) of section 2853 of title 10, United States Code, with
    notice to the congressional defense committees, even if that waiver
    would increase the project cost by more than 50 percent of the total
    authorized cost of the project:  Provided, That such authority to waive
    cost limitations may only be used by the Secretary concerned with
    respect to a military construction or military family housing project
    with a total authorized cost greater than $500,000,000 with notice to
    the congressional defense committees, if that waiver would not increase
    the project cost by more than 50 percent of the total authorized cost of
    the project:  Provided further, That the authority provided by this
    section shall remain available until enactment of a National Defense
    Authorization Act for Fiscal Year 2023.

        Sec. 137.  For an additional amount for ``Military Construction,
    Navy and Marine Corps'', $50,000,000, to remain available until
    September 30, 2026, for planning and design of water treatment and
    distribution facilities construction:  Provided,
    That <<NOTE: Deadline. Expenditure plan.>>  not later than 30 days after
    the date of enactment of this Act, the Secretary of the Navy, or his or
    her designee, shall submit to the Committees on Appropriations of both
    Houses of Congress an expenditure plan for funds provided under this
    section:  Provided further, That the Secretary of the Navy may not
    obligate or expend any funds prior

    [[Page 136 STAT. 540]]

    to approval by the Committees on Appropriations of both Houses of
    Congress of the expenditure plan required by this section.

        Sec. 138.  For an additional amount for the accounts and in the
    amounts specified to address cost increases identified subsequent to the
    fiscal year 2022 budget request for authorized major construction
    projects included in that request, to remain available until September
    30, 2026:
                ``Military Construction, Army'', $4,000,000;
                ``Military Construction, Navy and Marine Corps'',
            $11,000,000;
                ``Military Construction, Air Force'', $25,000,000;
                ``Military Construction, Defense-Wide'', $30,000,000;
                ``Military Construction, Air National Guard'', $11,800,000;
                ``Military Construction, Army Reserve'', $5,800,000;
                ``Military Construction, Air Force Reserve'', $4,400,000;
            and
                ``Family Housing Construction, Navy and Marine Corps'',
            $13,000,000:

      Provided, That <<NOTE: Deadline. Expenditure plan.>>  not later than
    30 days after the date of enactment of this Act, the Secretary of the
    military department concerned, or his or her designee, shall submit to
    the Committees on Appropriations of both Houses of Congress an
    expenditure plan for funds provided under this section:  Provided
    further, That <<NOTE: Approval.>>  the Secretary of the military
    department concerned may not obligate or expend any funds prior to
    approval by the Committees on Appropriations of both Houses of Congress
    of the expenditure plan required by this section.

        Sec. 139.  For an additional amount for the accounts and in the
    amounts specified to address cost increases for authorized major
    construction projects funded by this Act, to remain available until
    September 30, 2026:
                ``Military Construction, Army'', $20,800,000;
                ``Military Construction, Navy and Marine Corps'',
            $18,926,000;
                ``Military Construction, Air Force'', $46,574,000;
                ``Military Construction, Defense-Wide'', $11,410,000;
                ``Military Construction, Army National Guard'', $9,961,000;
                ``Military Construction, Air National Guard'', $9,180,000;
                ``Military Construction, Army Reserve'', $7,000,000; and
                ``Military Construction, Air Force Reserve'', $2,000,000:

      Provided, That <<NOTE: Deadline. Expenditure plan.>>  not later than
    30 days after the date of enactment of this Act, the Secretary of the
    military department concerned, or his or her designee, shall submit to
    the Committees on Appropriations of both Houses of Congress an
    expenditure plan for funds provided under this section:  Provided
    further, That the Secretary of the military department concerned may not
    obligate or expend any funds prior to approval by the Committees on
    Appropriations of both Houses of Congress of the expenditure plan
    required by this section.

        Sec. 140.  None <<NOTE: Cuba.>>  of the funds made available by this
    Act may be used to carry out the closure or realignment of the United
    States Naval Station, Guantanamo Bay, Cuba.

    [[Page 136 STAT. 541]]

                                    TITLE II

                         DEPARTMENT OF VETERANS AFFAIRS

                        Veterans Benefits Administration

                            compensation and pensions

                          (including transfer of funds)

        For the payment of compensation benefits to or on behalf of veterans
    and a pilot program for disability examinations as authorized by section
    107 and chapters 11, 13, 18, 51, 53, 55, and 61 of title 38, United
    States Code; pension benefits to or on behalf of veterans as authorized
    by chapters 15, 51, 53, 55, and 61 of title 38, United States Code; and
    burial benefits, the Reinstated Entitlement Program for Survivors,
    emergency and other officers' retirement pay, adjusted-service credits
    and certificates, payment of premiums due on commercial life insurance
    policies guaranteed under the provisions of title IV of the
    Servicemembers Civil Relief Act (50 U.S.C. App. 541 et seq.) and for
    other benefits as authorized by sections 107, 1312, 1977, and 2106, and
    chapters 23, 51, 53, 55, and 61 of title 38, United States Code,
    $8,955,364,000, which shall be in addition to funds previously
    appropriated under this heading that became available on October 1,
    2021, to remain available until expended; and, in addition,
    $152,016,542,000, which shall become available on October 1, 2022, to
    remain available until expended:  Provided,
    That <<NOTE: Reimbursement.>>  not to exceed $20,115,000 of the amount
    made available for fiscal year 2023 under this heading shall be
    reimbursed to ``General Operating Expenses, Veterans Benefits
    Administration'', and ``Information Technology Systems'' for necessary
    expenses in implementing the provisions of chapters 51, 53, and 55 of
    title 38, United States Code, the funding source for which is
    specifically provided as the ``Compensation and Pensions''
    appropriation:  Provided further, That <<NOTE: Reimbursement.>>  such
    sums as may be earned on an actual qualifying patient basis, shall be
    reimbursed to ``Medical Care Collections Fund'' to augment the funding
    of individual medical facilities for nursing home care provided to
    pensioners as authorized.

                              readjustment benefits

         For the payment of readjustment and rehabilitation benefits to or
    on behalf of veterans as authorized by chapters 21, 30, 31, 33, 34, 35,
    36, 39, 41, 51, 53, 55, and 61 of title 38, United States Code,
    $8,906,851,000, which shall become available on October 1, 2022, to
    remain available until expended:  Provided, That expenses for
    rehabilitation program services and assistance which the Secretary is
    authorized to provide under subsection (a) of section 3104 of title 38,
    United States Code, other than under paragraphs (1), (2), (5), and (11)
    of that subsection, shall be charged to this account.

                       veterans insurance and indemnities

         For military and naval insurance, national service life insurance,
    servicemen's indemnities, service-disabled veterans insurance, and
    veterans mortgage life insurance as authorized by chapters

    [[Page 136 STAT. 542]]

    19 and 21 of title 38, United States Code, $109,865,000, which shall
    become available on October 1, 2022, to remain available until expended.

                      veterans housing benefit program fund

         For the cost of direct and guaranteed loans, such sums as may be
    necessary to carry out the program, as authorized by subchapters I
    through III of chapter 37 of title 38, United States Code:  Provided,
    That such costs, including the cost of modifying such loans, shall be as
    defined in section 502 of the Congressional Budget Act of 1974:
    Provided further, That, during fiscal year 2022, within the resources
    available, not to exceed $500,000 in gross obligations for direct loans
    are authorized for specially adapted housing loans.
        In addition, for administrative expenses to carry out the direct and
    guaranteed loan programs, $229,500,000.

                 vocational rehabilitation loans program account

        For the cost of direct loans, $2,838, as authorized by chapter 31 of
    title 38, United States Code:  Provided, That such costs, including the
    cost of modifying such loans, shall be as defined in section 502 of the
    Congressional Budget Act of 1974:  Provided further, That funds made
    available under this heading are available to subsidize gross
    obligations for the principal amount of direct loans not to exceed
    $1,662,758.
        In addition, for administrative expenses necessary to carry out the
    direct loan program, $429,467, which may be paid to the appropriation
    for ``General Operating Expenses, Veterans Benefits Administration''.

              native american veteran housing loan program account

         For administrative expenses to carry out the direct loan program
    authorized by subchapter V of chapter 37 of title 38, United States
    Code, $1,400,000.

          general operating expenses, veterans benefits administration

         For necessary operating expenses of the Veterans Benefits
    Administration, not otherwise provided for, including hire of passenger
    motor vehicles, reimbursement of the General Services Administration for
    security guard services, and reimbursement of the Department of Defense
    for the cost of overseas employee mail, $3,453,813,000:  Provided,
    That <<NOTE: Determination.>>  expenses for services and assistance
    authorized under paragraphs (1), (2), (5), and (11) of section 3104(a)
    of title 38, United States Code, that the Secretary of Veterans Affairs
    determines are necessary to enable entitled veterans: (1) to the maximum
    extent feasible, to become employable and to obtain and maintain
    suitable employment; or (2) to achieve maximum independence in daily
    living, shall be charged to this account:  Provided further, That, of
    the funds made available under this heading, not to exceed 10 percent
    shall remain available until September 30, 2023.

    [[Page 136 STAT. 543]]

                         Veterans Health Administration

                                medical services

        For necessary expenses for furnishing, as authorized by law,
    inpatient and outpatient care and treatment to beneficiaries of the
    Department of Veterans Affairs and veterans described in section 1705(a)
    of title 38, United States Code, including care and treatment in
    facilities not under the jurisdiction of the Department, and including
    medical supplies and equipment, bioengineering services, food services,
    and salaries and expenses of healthcare employees hired under title 38,
    United States Code, assistance and support services for caregivers as
    authorized by section 1720G of title 38, United States Code, loan
    repayments authorized by section 604 of the Caregivers and Veterans
    Omnibus Health Services Act of 2010 (Public Law 111-163; 124 Stat. 1174;
    38 U.S.C. 7681 note), monthly assistance allowances authorized by
    section 322(d) of title 38, United States Code, grants authorized by
    section 521A of title 38, United States Code, and administrative
    expenses necessary to carry out sections 322(d) and 521A of title 38,
    United States Code, and hospital care and medical services authorized by
    section 1787 of title 38, United States Code; $70,323,116,000, plus
    reimbursements, shall become available on October 1, 2022, and shall
    remain available until September 30, 2023:  Provided, That, of the
    amount made available on October 1, 2022, under this heading,
    $1,500,000,000 shall remain available until September 30, 2024:
    Provided further, That, notwithstanding any other provision of law, the
    Secretary of Veterans Affairs shall establish a priority for the
    provision of medical treatment for veterans who have service-connected
    disabilities, lower income, or have special needs:  Provided further,
    That, notwithstanding any other provision of law, the Secretary of
    Veterans Affairs shall give priority funding for the provision of basic
    medical benefits to veterans in enrollment priority groups 1 through 6:
    Provided further, That, <<NOTE: Drugs and drug abuse.>>  notwithstanding
    any other provision of law, the Secretary of Veterans Affairs may
    authorize the dispensing of prescription drugs from Veterans Health
    Administration facilities to enrolled veterans with privately written
    prescriptions based on requirements established by the Secretary:
    Provided further, That the implementation of the program described in
    the previous proviso shall incur no additional cost to the Department of
    Veterans Affairs:  Provided further, That the Secretary of Veterans
    Affairs shall ensure that sufficient amounts appropriated under this
    heading for medical supplies and equipment are available for the
    acquisition of prosthetics designed specifically for female veterans.

                             medical community care

         For necessary expenses for furnishing health care to individuals
    pursuant to chapter 17 of title 38, United States Code, at non-
    Department facilities, $3,269,000,000, which shall be in addition to
    funds previously appropriated under this heading that became available
    on October 1, 2021; and, in addition, $24,156,659,000, plus
    reimbursements, shall become available on October 1, 2022, and shall
    remain available until September 30, 2023:  Provided, That, of the
    amount made available on October 1, 2022, under this heading,
    $2,000,000,000 shall remain available until September 30, 2024.

    [[Page 136 STAT. 544]]

                         medical support and compliance

         For necessary expenses in the administration of the medical,
    hospital, nursing home, domiciliary, construction, supply, and research
    activities, as authorized by law; administrative expenses in support of
    capital policy activities; and administrative and legal expenses of the
    Department for collecting and recovering amounts owed the Department as
    authorized under chapter 17 of title 38, United States Code, and the
    Federal Medical Care Recovery Act (42 U.S.C. 2651 et seq.),
    $9,673,409,000, plus reimbursements, shall become available on October
    1, 2022, and shall remain available until September 30, 2023:  Provided,
    That, of the amount made available on October 1, 2022, under this
    heading, $200,000,000 shall remain available until September 30, 2024.

                               medical facilities

         For necessary expenses for the maintenance and operation of
    hospitals, nursing homes, domiciliary facilities, and other necessary
    facilities of the Veterans Health Administration; for administrative
    expenses in support of planning, design, project management, real
    property acquisition and disposition, construction, and renovation of
    any facility under the jurisdiction or for the use of the Department;
    for oversight, engineering, and architectural activities not charged to
    project costs; for repairing, altering, improving, or providing
    facilities in the several hospitals and homes under the jurisdiction of
    the Department, not otherwise provided for, either by contract or by the
    hire of temporary employees and purchase of materials; for leases of
    facilities; and for laundry services; $7,133,816,000, plus
    reimbursements, shall become available on October 1, 2022, and shall
    remain available until September 30, 2023:  Provided, That, of the
    amount made available on October 1, 2022, under this heading,
    $350,000,000 shall remain available until September 30, 2024.

                         medical and prosthetic research

         For necessary expenses in carrying out programs of medical and
    prosthetic research and development as authorized by chapter 73 of title
    38, United States Code, $882,000,000, plus reimbursements, shall remain
    available until September 30, 2023:  Provided, That the Secretary of
    Veterans Affairs shall ensure that sufficient amounts appropriated under
    this heading are available for prosthetic research specifically for
    female veterans, and for toxic exposure research.

                        National Cemetery Administration

         For necessary expenses of the National Cemetery Administration for
    operations and maintenance, not otherwise provided for, including
    uniforms or allowances therefor; cemeterial expenses as authorized by
    law; purchase of one passenger motor vehicle for use in cemeterial
    operations; hire of passenger motor vehicles; and repair, alteration or
    improvement of facilities under the jurisdiction of the National
    Cemetery Administration, $394,000,000, of which not to exceed 10 percent
    shall remain available until September 30, 2023.

    [[Page 136 STAT. 545]]

                           Departmental Administration

                             general administration

                          (including transfer of funds)

        For necessary operating expenses of the Department of Veterans
    Affairs, not otherwise provided for, including administrative expenses
    in support of Department-wide capital planning, management and policy
    activities, uniforms, or allowances therefor; not to exceed $25,000 for
    official reception and representation expenses; hire of passenger motor
    vehicles; and reimbursement of the General Services Administration for
    security guard services, $401,200,000, of which not to exceed 10 percent
    shall remain available until September 30, 2023:  Provided, That funds
    provided under this heading may be transferred to ``General Operating
    Expenses, Veterans Benefits Administration''.

                            board of veterans appeals

         For necessary operating expenses of the Board of Veterans Appeals,
    $228,000,000, of which not to exceed 10 percent shall remain available
    until September 30, 2023.

                         information technology systems

                          (including transfer of funds)

        For necessary expenses for information technology systems and
    telecommunications support, including developmental information systems
    and operational information systems; for pay and associated costs; and
    for the capital asset acquisition of information technology systems,
    including management and related contractual costs of said acquisitions,
    including contractual costs associated with operations authorized by
    section 3109 of title 5, United States Code, $4,842,800,000, plus
    reimbursements:  Provided, That $1,414,215,000 shall be for pay and
    associated costs, of which not to exceed 3 percent shall remain
    available until September 30, 2023:  Provided further, That
    $3,131,585,000 shall be for operations and maintenance, of which not to
    exceed 5 percent shall remain available until September 30, 2023:
    Provided further, That $297,000,000 shall be for information technology
    systems development, and shall remain available until September 30,
    2023:  Provided further, That amounts made available for salaries and
    expenses, operations and maintenance, and information technology systems
    development may be transferred among the three subaccounts after the
    Secretary of Veterans Affairs requests from the Committees on
    Appropriations of both Houses of Congress the authority to make the
    transfer and an approval is issued:  Provided further, That amounts made
    available for the ``Information Technology Systems'' account for
    development may be transferred among projects or to newly defined
    projects:  Provided further, That <<NOTE: Time period.>>  no project may
    be increased or decreased by more than $3,000,000 of cost prior to
    submitting a request to the Committees on Appropriations of both Houses
    of Congress to make the transfer and an approval is issued, or absent a
    response, a period of 30 days has elapsed:  Provided further, That the
    funds made available under this heading for information technology
    systems development shall

    [[Page 136 STAT. 546]]

    be for the projects, and in the amounts, specified under this heading in
    the explanatory statement described in section 4 (in the matter
    preceding division A of this consolidated Act).

                        veterans electronic health record

        For activities related to implementation, preparation, development,
    interface, management, rollout, and maintenance of a Veterans Electronic
    Health Record system, including contractual costs associated with
    operations authorized by section 3109 of title 5, United States Code,
    and salaries and expenses of employees hired under titles 5 and 38,
    United States Code, $2,500,000,000, to remain available until September
    30, 2024:  Provided, That <<NOTE: Reports.>>  the Secretary of Veterans
    Affairs shall submit to the Committees on Appropriations of both Houses
    of Congress quarterly reports detailing obligations, expenditures, and
    deployment implementation by facility, including any changes from the
    deployment plan or schedule:  Provided further, That the funds provided
    in this account shall only be available to the Office of the Deputy
    Secretary, to be administered by that Office:  Provided further,
    That <<NOTE: Effective date. Plans. Deadline.>>  25 percent of the funds
    made available under this heading shall not be available until July 1,
    2022, and are contingent upon the Secretary of Veterans Affairs
    providing a plan with benchmarks and measurable metrics for deployment,
    and a plan for addressing all required infrastructure upgrades, no later
    than 30 days prior to that date to the Committees on Appropriations.

                           office of inspector general

         For necessary expenses of the Office of Inspector General, to
    include information technology, in carrying out the provisions of the
    Inspector General Act of 1978 (5 U.S.C. App.), $239,000,000, of which
    not to exceed 10 percent shall remain available until September 30,
    2023.

                          construction, major projects

        For constructing, altering, extending, and improving any of the
    facilities, including parking projects, under the jurisdiction or for
    the use of the Department of Veterans Affairs, or for any of the
    purposes set forth in sections 316, 2404, 2406 and chapter 81 of title
    38, United States Code, not otherwise provided for, including planning,
    architectural and engineering services, construction management
    services, maintenance or guarantee period services costs associated with
    equipment guarantees provided under the project, services of claims
    analysts, offsite utility and storm drainage system construction costs,
    and site acquisition, where the estimated cost of a project is more than
    the amount set forth in section 8104(a)(3)(A) of title 38, United States
    Code, or where funds for a project were made available in a previous
    major project appropriation, $1,611,000,000, of which $911,000,000 shall
    remain available until September 30, 2026, and of which $700,000,000
    shall remain available until expended, of which $100,000,000 shall be
    available for seismic improvement projects and seismic program
    management activities, including for projects that would otherwise be
    funded by the Construction, Minor Projects, Medical Facilities or
    National Cemetery Administration accounts:  Provided,
    That <<NOTE: Notification. Approval.>>  except for advance planning
    activities, including

    [[Page 136 STAT. 547]]

    needs assessments which may or may not lead to capital investments, and
    other capital asset management related activities, including portfolio
    development and management activities, and planning, cost estimating,
    and design for major medical facility projects and major medical
    facility leases and investment strategy studies funded through the
    advance planning fund and the planning and design activities funded
    through the design fund, staffing expenses, and funds provided for the
    purchase, security, and maintenance of land for the National Cemetery
    Administration through the land acquisition line item, none of the funds
    made available under this heading shall be used for any project that has
    not been notified to Congress through the budgetary process or that has
    not been approved by the Congress through statute, joint resolution, or
    in the explanatory statement accompanying such Act and presented to the
    President at the time of enrollment:  Provided further,
    That <<NOTE: Reimbursement.>>  such sums as may be necessary shall be
    available to reimburse the ``General Administration'' account for
    payment of salaries and expenses of all Office of Construction and
    Facilities Management employees to support the full range of capital
    infrastructure services provided, including minor construction and
    leasing services:  Provided further, That funds made available under
    this heading for fiscal year 2022, for each approved project shall be
    obligated: (1) by the awarding of a construction documents contract by
    September 30, 2022; and (2) by the awarding of a construction contract
    by September 30, 2023:  Provided further, That the
    Secretary <<NOTE: Reports.>>  of Veterans Affairs shall promptly submit
    to the Committees on Appropriations of both Houses of Congress a written
    report on any approved major construction project for which obligations
    are not incurred within the time limitations established above:
    Provided further, That notwithstanding the requirements of section
    8104(a) of title 38, United States Code, amounts made available under
    this heading for seismic improvement projects and seismic program
    management activities shall be available for the completion of both new
    and existing seismic projects of the Department.

                          construction, minor projects

        For constructing, altering, extending, and improving any of the
    facilities, including parking projects, under the jurisdiction or for
    the use of the Department of Veterans Affairs, including planning and
    assessments of needs which may lead to capital investments,
    architectural and engineering services, maintenance or guarantee period
    services costs associated with equipment guarantees provided under the
    project, services of claims analysts, offsite utility and storm drainage
    system construction costs, and site acquisition, or for any of the
    purposes set forth in sections 316, 2404, 2406 and chapter 81 of title
    38, United States Code, not otherwise provided for, where the estimated
    cost of a project is equal to or less than the amount set forth in
    section 8104(a)(3)(A) of title 38, United States Code, $553,000,000, of
    which $497,700,000 shall remain available until September 30, 2026, and
    of which $55,300,000 shall remain available until expended, along with
    unobligated balances of previous ``Construction, Minor Projects''
    appropriations which are hereby made available for any project where the
    estimated cost is equal to or less than the amount set forth in such
    section:  Provided, That funds made available

    [[Page 136 STAT. 548]]

    under this heading shall be for: (1) repairs to any of the nonmedical
    facilities under the jurisdiction or for the use of the Department which
    are necessary because of loss or damage caused by any natural disaster
    or catastrophe; and (2) temporary measures necessary to prevent or to
    minimize further loss by such causes.

            grants for construction of state extended care facilities

         For grants to assist States to acquire or construct State nursing
    home and domiciliary facilities and to remodel, modify, or alter
    existing hospital, nursing home, and domiciliary facilities in State
    homes, for furnishing care to veterans as authorized by sections 8131
    through 8137 of title 38, United States Code, $50,000,000, to remain
    available until expended.

                 grants for construction of veterans cemeteries

         For grants to assist States and tribal organizations in
    establishing, expanding, or improving veterans cemeteries as authorized
    by section 2408 of title 38, United States Code, $48,500,000, to remain
    available until expended.

                         asset and infrastructure review

         For carrying out the VA Asset and Infrastructure Review Act of 2018
    (subtitle A of title II of Public Law 115-182), $5,000,000, to remain
    available until September 30, 2023.

                            Administrative Provisions

                          (including transfer of funds)

        Sec. 201.  Any appropriation for fiscal year 2022 for ``Compensation
    and Pensions'', ``Readjustment Benefits'', and ``Veterans Insurance and
    Indemnities'' may be transferred as necessary to any other of the
    mentioned appropriations:  Provided, That, <<NOTE: Time period.>>
    before a transfer may take place, the Secretary of Veterans Affairs
    shall request from the Committees on Appropriations of both Houses of
    Congress the authority to make the transfer and such Committees issue an
    approval, or absent a response, a period of 30 days has elapsed.

                          (including transfer of funds)

        Sec. 202.  Amounts made available for the Department of Veterans
    Affairs for fiscal year 2022, in this or any other Act, under the
    ``Medical Services'', ``Medical Community Care'', ``Medical Support and
    Compliance'', and ``Medical Facilities'' accounts may be transferred
    among the accounts:  Provided, That <<NOTE: Notification.>>  any
    transfers among the ``Medical Services'', ``Medical Community Care'',
    and ``Medical Support and Compliance'' accounts of 1 percent or less of
    the total amount appropriated to the account in this or any other Act
    may take place subject to notification from the Secretary of Veterans
    Affairs to the Committees on Appropriations of both Houses of Congress
    of the amount and purpose of the transfer:  Provided further, That any
    transfers among the ``Medical Services'', ``Medical Community Care'',
    and ``Medical Support and Compliance'' accounts in excess of 1 percent,
    or exceeding the cumulative 1

    [[Page 136 STAT. 549]]

    percent for the fiscal year, may take place only after the Secretary
    requests from the Committees on Appropriations of both Houses of
    Congress the authority to make the transfer and an approval is issued:
    Provided further, That any transfers to or from the ``Medical
    Facilities'' account may take place only after the Secretary requests
    from the Committees on Appropriations of both Houses of Congress the
    authority to make the transfer and an approval is issued.

        Sec. 203.  Appropriations available in this title for salaries and
    expenses shall be available for services authorized by section 3109 of
    title 5, United States Code; hire of passenger motor vehicles; lease of
    a facility or land or both; and uniforms or allowances therefore, as
    authorized by sections 5901 through 5902 of title 5, United States Code.
        Sec. 204.  No appropriations in this title (except the
    appropriations for ``Construction, Major Projects'', and ``Construction,
    Minor Projects'') shall be available for the purchase of any site for or
    toward the construction of any new hospital or home.
        Sec. 205.  No <<NOTE: Reimbursement.>>  appropriations in this title
    shall be available for hospitalization or examination of any persons
    (except beneficiaries entitled to such hospitalization or examination
    under the laws providing such benefits to veterans, and persons
    receiving such treatment under sections 7901 through 7904 of title 5,
    United States Code, or the Robert T. Stafford Disaster Relief and
    Emergency Assistance Act (42 U.S.C. 5121 et seq.)), unless reimbursement
    of the cost of such hospitalization or examination is made to the
    ``Medical Services'' account at such rates as may be fixed by the
    Secretary of Veterans Affairs.

        Sec. 206.  Appropriations <<NOTE: Time period.>>  available in this
    title for ``Compensation and Pensions'', ``Readjustment Benefits'', and
    ``Veterans Insurance and Indemnities'' shall be available for payment of
    prior year accrued obligations required to be recorded by law against
    the corresponding prior year accounts within the last quarter of fiscal
    year 2021.

        Sec. 207.  Appropriations available in this title shall be available
    to pay prior year obligations of corresponding prior year appropriations
    accounts resulting from sections 3328(a), 3334, and 3712(a) of title 31,
    United States Code, except that if such obligations are from trust fund
    accounts they shall be payable only from ``Compensation and Pensions''.

                          (including transfer of funds)

        Sec. 208.  Notwithstanding <<NOTE: Reimbursement.>>  any other
    provision of law, during fiscal year 2022, the Secretary of Veterans
    Affairs shall, from the National Service Life Insurance Fund under
    section 1920 of title 38, United States Code, the Veterans' Special Life
    Insurance Fund under section 1923 of title 38, United States Code, and
    the United States Government Life Insurance Fund under section 1955 of
    title 38, United States Code, reimburse the ``General Operating
    Expenses, Veterans Benefits Administration'' and ``Information
    Technology Systems'' accounts for the cost of administration of the
    insurance programs financed through those accounts:  Provided, That
    reimbursement shall be made only from the surplus earnings accumulated
    in such an insurance program during fiscal year 2022 that are available
    for dividends in that program after claims have been paid and
    actuarially determined reserves have been set aside:

    [[Page 136 STAT. 550]]

     Provided further, That if the cost of administration of such an
    insurance program exceeds the amount of surplus earnings accumulated in
    that program, reimbursement shall be made only to the extent of such
    surplus earnings:  Provided further, That <<NOTE: Determination.>>  the
    Secretary shall determine the cost of administration for fiscal year
    2022 which is properly allocable to the provision of each such insurance
    program and to the provision of any total disability income insurance
    included in that insurance program.

        Sec. 209.  Amounts deducted from enhanced-use lease proceeds to
    reimburse an account for expenses incurred by that account during a
    prior fiscal year for providing enhanced-use lease services shall be
    available until expended.

                          (including transfer of funds)

        Sec. 210.  Funds available in this title or funds for salaries and
    other administrative expenses shall also be available to reimburse the
    Office of Resolution Management, Diversity and Inclusion, the Office of
    Employment Discrimination Complaint Adjudication, and the Alternative
    Dispute Resolution function within the Office of Human Resources and
    Administration for all services provided at rates which will recover
    actual costs but not to exceed $78,417,225 for the Office of Resolution
    Management, Diversity and Inclusion, $6,609,000 for the Office of
    Employment Discrimination Complaint Adjudication, and $3,822,000 for the
    Alternative Dispute Resolution function within the Office of Human
    Resources and Administration:  Provided, That payments may be made in
    advance for services to be furnished based on estimated costs:  Provided
    further, That amounts received shall be credited to the ``General
    Administration'' and ``Information Technology Systems'' accounts for use
    by the office that provided the service.
        Sec. 211.  No <<NOTE: Disclosure. Reimbursement.>>  funds of the
    Department of Veterans Affairs shall be available for hospital care,
    nursing home care, or medical services provided to any person under
    chapter 17 of title 38, United States Code, for a non-service-connected
    disability described in section 1729(a)(2) of such title, unless that
    person has disclosed to the Secretary of Veterans Affairs, in such form
    as the Secretary may require, current, accurate third-party
    reimbursement information for purposes of section 1729 of such title:
    Provided, That the Secretary may recover, in the same manner as any
    other debt due the United States, the reasonable charges for such care
    or services from any person who does not make such disclosure as
    required:  Provided further, That any amounts so recovered for care or
    services provided in a prior fiscal year may be obligated by the
    Secretary during the fiscal year in which amounts are received.

                          (including transfer of funds)

        Sec. 212.  Notwithstanding any other provision of law, proceeds or
    revenues derived from enhanced-use leasing activities (including
    disposal) may be deposited into the ``Construction, Major Projects'' and
    ``Construction, Minor Projects'' accounts and be used for construction
    (including site acquisition and disposition), alterations, and
    improvements of any medical facility under the jurisdiction or for the
    use of the Department of Veterans Affairs. Such sums as realized are in
    addition to the amount provided for in ``Construction, Major Projects''
    and ``Construction, Minor Projects''.

    [[Page 136 STAT. 551]]

        Sec. 213.  Amounts made available under ``Medical Services'' are
    available--
                (1) for furnishing recreational facilities, supplies, and
            equipment; and
                (2) for funeral expenses, burial expenses, and other
            expenses incidental to funerals and burials for beneficiaries
            receiving care in the Department.

                          (including transfer of funds)

        Sec. 214.  Such sums as may be deposited into the Medical Care
    Collections Fund pursuant to section 1729A of title 38, United States
    Code, may be transferred to the ``Medical Services'' and ``Medical
    Community Care'' accounts to remain available until expended for the
    purposes of these accounts.
        Sec. 215.  The Secretary of Veterans Affairs may enter into
    agreements with Federally Qualified Health Centers in the State of
    Alaska and Indian tribes and tribal organizations which are party to the
    Alaska Native Health Compact with the Indian Health Service, to provide
    healthcare, including behavioral health and dental care, to veterans in
    rural Alaska. <<NOTE: Requirement. Compliance.>>  The Secretary shall
    require participating veterans and facilities to comply with all
    appropriate rules and regulations, as established by the
    Secretary. <<NOTE: Definition.>>  The term ``rural Alaska'' shall mean
    those lands which are not within the boundaries of the municipality of
    Anchorage or the Fairbanks North Star Borough.

                          (including transfer of funds)

        Sec. 216.  Such sums as may be deposited into the Department of
    Veterans Affairs Capital Asset Fund pursuant to section 8118 of title
    38, United States Code, may be transferred to the ``Construction, Major
    Projects'' and ``Construction, Minor Projects'' accounts, to remain
    available until expended for the purposes of these accounts.
        Sec. 217.  Not <<NOTE: Reports.>>  later than 30 days after the end
    of each fiscal quarter, the Secretary of Veterans Affairs shall submit
    to the Committees on Appropriations of both Houses of Congress a report
    on the financial status of the Department of Veterans Affairs for the
    preceding quarter:  Provided, That, at a minimum, the report shall
    include the direction contained in the paragraph entitled ``Quarterly
    reporting'', under the heading ``General Administration'' in the joint
    explanatory statement accompanying Public Law 114-223.

                          (including transfer of funds)

        Sec. 218.  Amounts made available under the ``Medical Services'',
    ``Medical Community Care'', ``Medical Support and Compliance'',
    ``Medical Facilities'', ``General Operating Expenses, Veterans Benefits
    Administration'', ``Board of Veterans Appeals'', ``General
    Administration'', and ``National Cemetery Administration'' accounts for
    fiscal year 2022 may be transferred to or from the ``Information
    Technology Systems'' account:  Provided, That such transfers may not
    result in a more than 10 percent aggregate increase in the total amount
    made available by this Act for the ``Information Technology Systems''
    account:  Provided further, That, before a transfer may take place, the
    Secretary of Veterans Affairs shall request

    [[Page 136 STAT. 552]]

    from the Committees on Appropriations of both Houses of Congress the
    authority to make the transfer and an approval is issued.

                          (including transfer of funds)

        Sec. 219.  Of the amounts appropriated to the Department of Veterans
    Affairs for fiscal year 2022 for ``Medical Services'', ``Medical
    Community Care'', ``Medical Support and Compliance'', ``Medical
    Facilities'', ``Construction, Minor Projects'', and ``Information
    Technology Systems'', up to $379,009,000, plus reimbursements, may be
    transferred to the Joint Department of Defense--Department of Veterans
    Affairs Medical Facility Demonstration Fund, established by section 1704
    of the National Defense Authorization Act for Fiscal Year 2010 (Public
    Law 111-84; 123 Stat. 3571) and may be used for operation of the
    facilities designated as combined Federal medical facilities as
    described by section 706 of the Duncan Hunter National Defense
    Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat.
    4500):  Provided, That <<NOTE: Notification.>>  additional funds may be
    transferred from accounts designated in this section to the Joint
    Department of Defense--Department of Veterans Affairs Medical Facility
    Demonstration Fund upon written notification by the Secretary of
    Veterans Affairs to the Committees on Appropriations of both Houses of
    Congress:  Provided further, That section 220 of title II of division J
    of Public Law <<NOTE: Repeal. 134 Stat. 1676.>>  116-260 is repealed.

                          (including transfer of funds)

        Sec. 220.  Of <<NOTE: Effective date.>>  the amounts appropriated to
    the Department of Veterans Affairs which become available on October 1,
    2022, for ``Medical Services'', ``Medical Community Care'', ``Medical
    Support and Compliance'', and ``Medical Facilities'', up to
    $323,242,000, plus reimbursements, may be transferred to the Joint
    Department of Defense--Department of Veterans Affairs Medical Facility
    Demonstration Fund, established by section 1704 of the National Defense
    Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123 Stat.
    3571) and may be used for operation of the facilities designated as
    combined Federal medical facilities as described by section 706 of the
    Duncan Hunter National Defense Authorization Act for Fiscal Year 2009
    (Public Law 110-417; 122 Stat. 4500):  Provided,
    That <<NOTE: Notification.>>  additional funds may be transferred from
    accounts designated in this section to the Joint Department of Defense--
    Department of Veterans Affairs Medical Facility Demonstration Fund upon
    written notification by the Secretary of Veterans Affairs to the
    Committees on Appropriations of both Houses of Congress.

                          (including transfer of funds)

        Sec. 221.  Such sums as may be deposited into the Medical Care
    Collections Fund pursuant to section 1729A of title 38, United States
    Code, for healthcare provided at facilities designated as combined
    Federal medical facilities as described by section 706 of the Duncan
    Hunter National Defense Authorization Act for Fiscal Year 2009 (Public
    Law 110-417; 122 Stat. 4500) shall also be available: (1) for transfer
    to the Joint Department of Defense--Department of Veterans Affairs
    Medical Facility Demonstration Fund, established by section 1704 of the
    National Defense Authorization Act for Fiscal Year 2010 (Public Law 111-
    84; 123

    [[Page 136 STAT. 553]]

    Stat. 3571); and (2) for operations of the facilities designated as
    combined Federal medical facilities as described by section 706 of the
    Duncan Hunter National Defense Authorization Act for Fiscal Year 2009
    (Public Law 110-417; 122 Stat. 4500):  Provided, That, notwithstanding
    section 1704(b)(3) of the National Defense Authorization Act for Fiscal
    Year 2010 (Public Law 111-84; 123 Stat. 2573), amounts transferred to
    the Joint Department of Defense--Department of Veterans Affairs Medical
    Facility Demonstration Fund shall remain available until expended.

                          (including transfer of funds)

        Sec. 222.  Of the amounts available in this title for ``Medical
    Services'', ``Medical Community Care'', ``Medical Support and
    Compliance'', and ``Medical Facilities'', a minimum of $15,000,000 shall
    be transferred to the DOD-VA Health Care Sharing Incentive Fund, as
    authorized by section 8111(d) of title 38, United States Code, to remain
    available until expended, for any purpose authorized by section 8111 of
    title 38, United States Code.
        Sec. 223.  None of the funds available to the Department of Veterans
    Affairs, in this or any other Act, may be used to replace the current
    system by which the Veterans Integrated Service Networks select and
    contract for diabetes monitoring supplies and equipment.
        Sec. 224.  The <<NOTE: Notifications. Deadlines.>>  Secretary of
    Veterans Affairs shall notify the Committees on Appropriations of both
    Houses of Congress of all bid savings in a major construction project
    that total at least $5,000,000, or 5 percent of the programmed amount of
    the project, whichever is less:  Provided, That such notification shall
    occur within 14 days of a contract identifying the programmed amount:
    Provided further, That the Secretary shall notify the Committees on
    Appropriations of both Houses of Congress 14 days prior to the
    obligation of such bid savings and shall describe the anticipated use of
    such savings.

        Sec. 225.  None <<NOTE: Approval.>>  of the funds made available for
    ``Construction, Major Projects'' may be used for a project in excess of
    the scope specified for that project in the original justification data
    provided to the Congress as part of the request for appropriations
    unless the Secretary of Veterans Affairs receives approval from the
    Committees on Appropriations of both Houses of Congress.

        Sec. 226.  Not <<NOTE: Deadline. Reports. Data.>>  later than 30
    days after the end of each fiscal quarter, the Secretary of Veterans
    Affairs shall submit to the Committees on Appropriations of both Houses
    of Congress a quarterly report containing performance measures and data
    from each Veterans Benefits Administration Regional Office:  Provided,
    That, at a minimum, the report shall include the direction contained in
    the section entitled ``Disability claims backlog'', under the heading
    ``General Operating Expenses, Veterans Benefits Administration'' in the
    joint explanatory statement accompanying Public Law 114-223:  Provided
    further, That <<NOTE: Time period.>>  the report shall also include
    information on the number of appeals pending at the Veterans Benefits
    Administration as well as the Board of Veterans Appeals on a quarterly
    basis.

        Sec. 227.  The <<NOTE: Notification. Deadline.>>  Secretary of
    Veterans Affairs shall provide written notification to the Committees on
    Appropriations of both Houses of Congress 15 days prior to
    organizational changes which result in the transfer of 25 or more full-
    time equivalents from one

    [[Page 136 STAT. 554]]

    organizational unit of the Department of Veterans Affairs to another.

        Sec. 228.  The <<NOTE: Time period. Notification.>>  Secretary of
    Veterans Affairs shall provide on a quarterly basis to the Committees on
    Appropriations of both Houses of Congress notification of any single
    national outreach and awareness marketing campaign in which obligations
    exceed $1,000,000.

                          (including transfer of funds)

        Sec. 229.  The <<NOTE: Determinations.>>  Secretary of Veterans
    Affairs, upon determination that such action is necessary to address
    needs of the Veterans Health Administration, may transfer to the
    ``Medical Services'' account any discretionary appropriations made
    available for fiscal year 2022 in this title (except appropriations made
    to the ``General Operating Expenses, Veterans Benefits Administration''
    account) or any discretionary unobligated balances within the Department
    of Veterans Affairs, including those appropriated for fiscal year 2022,
    that were provided in advance by appropriations Acts:  Provided,
    That <<NOTE: Approval.>>  transfers shall be made only with the approval
    of the Office of Management and Budget:  Provided further, That the
    transfer authority provided in this section is in addition to any other
    transfer authority provided by law:  Provided further, That no amounts
    may be transferred from amounts that were designated by Congress as an
    emergency requirement pursuant to a concurrent resolution on the budget
    or the Balanced Budget and Emergency Deficit Control Act of 1985:
    Provided further, That such authority to transfer may not be used unless
    for higher priority items, based on emergent healthcare requirements,
    than those for which originally appropriated and in no case where the
    item for which funds are requested has been denied by Congress:
    Provided further, That, upon determination that all or part of the funds
    transferred from an appropriation are not necessary, such amounts may be
    transferred back to that appropriation and shall be available for the
    same purposes as originally appropriated:  Provided further, That before
    a transfer may take place, the Secretary of Veterans Affairs shall
    request from the Committees on Appropriations of both Houses of Congress
    the authority to make the transfer and receive approval of that request.

                          (including transfer of funds)

        Sec. 230.  Amounts made available for the Department of Veterans
    Affairs for fiscal year 2022, under the ``Board of Veterans Appeals''
    and the ``General Operating Expenses, Veterans Benefits Administration''
    accounts may be transferred between such accounts:  Provided, That
    before a transfer may take place, the Secretary of Veterans Affairs
    shall request from the Committees on Appropriations of both Houses of
    Congress the authority to make the transfer and receive approval of that
    request.
        Sec. 231.  The Secretary of Veterans Affairs may not reprogram funds
    among major construction projects or programs if such instance of
    reprogramming will exceed $7,000,000, unless such reprogramming is
    approved by the Committees on Appropriations of both Houses of Congress.
        Sec. 232. (a) <<NOTE: Suicide hotline.>>  The Secretary of Veterans
    Affairs shall ensure that the toll-free suicide hotline under section
    1720F(h) of title 38, United States Code--

    [[Page 136 STAT. 555]]

                (1) provides to individuals who contact the hotline
            immediate assistance from a trained professional; and
                (2) adheres to all requirements of the American Association
            of Suicidology.

        (b)(1) None of the funds made available by this Act may be used to
    enforce or otherwise carry out any Executive action that prohibits the
    Secretary of Veterans Affairs from appointing an individual to occupy a
    vacant civil service position, or establishing a new civil service
    position, at the Department of Veterans Affairs with respect to such a
    position relating to the hotline specified in subsection (a).
        (2) <<NOTE: Definitions.>>  In this subsection--
                (A) the term ``civil service'' has the meaning given such
            term in section 2101(1) of title 5, United States Code; and
                (B) the term ``Executive action'' includes--
                        (i) any Executive order, Presidential memorandum, or
                    other action by the President; and
                        (ii) any agency policy, order, or other directive.

        (c)(1) <<NOTE: Study. Time period. Analysis. Data.>>  The Secretary
    of Veterans Affairs shall conduct a study on the effectiveness of the
    hotline specified in subsection (a) during the 5-year period beginning
    on January 1, 2016, based on an analysis of national suicide data and
    data collected from such hotline.

        (2) <<NOTE: Determinations.>>  At a minimum, the study required by
    paragraph (1) shall--
                (A) determine the number of veterans who contact the hotline
            specified in subsection (a) and who receive follow up services
            from the hotline or mental health services from the Department
            of Veterans Affairs thereafter;
                (B) determine the number of veterans who contact the hotline
            who are not referred to, or do not continue receiving, mental
            health care who commit suicide; and
                (C) determine the number of veterans described in
            subparagraph (A) who commit or attempt suicide.

        Sec. 233.  Effective <<NOTE: Effective date. Time period.>>  during
    the period beginning on October 1, 2018, and ending on January 1, 2024,
    none of the funds made available to the Secretary of Veterans Affairs by
    this or any other Act may be obligated or expended in contravention of
    the ``Veterans Health Administration Clinical Preventive Services
    Guidance Statement on the Veterans Health Administration's Screening for
    Breast Cancer Guidance'' published on May 10, 2017, as issued by the
    Veterans Health Administration National Center for Health Promotion and
    Disease Prevention.

        Sec. 234. (a) Notwithstanding any other provision of law, the
    amounts appropriated or otherwise made available to the Department of
    Veterans Affairs for the ``Medical Services'' account may be used to
    provide--
                (1) fertility counseling and treatment using assisted
            reproductive technology to a covered veteran or the spouse of a
            covered veteran; or
                (2) <<NOTE: Reimbursement.>>  adoption reimbursement to a
            covered veteran.

        (b) <<NOTE: Definitions.>>  In this section:
                (1) The term ``service-connected'' has the meaning given
            such term in section 101 of title 38, United States Code.
                (2) The term ``covered veteran'' means a veteran, as such
            term is defined in section 101 of title 38, United States Code,
            who has a service-connected disability that results in the
            inability of the veteran to procreate without the use of
            fertility treatment.

    [[Page 136 STAT. 556]]

                (3) The term ``assisted reproductive technology'' means
            benefits relating to reproductive assistance provided to a
            member of the Armed Forces who incurs a serious injury or
            illness on active duty pursuant to section 1074(c)(4)(A) of
            title 10, United States Code, as described in the memorandum on
            the subject of ``Policy for Assisted Reproductive Services for
            the Benefit of Seriously or Severely Ill/Injured (Category II or
            III) Active Duty Service Members'' issued by the Assistant
            Secretary of Defense for Health Affairs on April 3, 2012, and
            the guidance issued to implement such policy, including any
            limitations on the amount of such benefits available to such a
            member except that--
                        (A) the time periods regarding embryo
                    cryopreservation and storage set forth in part III(G)
                    and in part IV(H) of such memorandum shall not apply;
                    and
                        (B) such term includes embryo cryopreservation and
                    storage without limitation on the duration of such
                    cryopreservation and storage.
                (4) The term ``adoption reimbursement'' means reimbursement
            for the adoption-related expenses for an adoption that is
            finalized after the date of the enactment of this Act under the
            same terms as apply under the adoption reimbursement program of
            the Department of Defense, as authorized in Department of
            Defense Instruction 1341.09, including the reimbursement limits
            and requirements set forth in such instruction.

        (c) Amounts made available for the purposes specified in subsection
    (a) of this section are subject to the requirements for funds contained
    in section 508 of division H of the Consolidated Appropriations Act,
    2018 (Public Law 115-141).
        Sec. 235.  None of the funds appropriated or otherwise made
    available by this Act or any other Act for the Department of Veterans
    Affairs may be used in a manner that is inconsistent with: (1) section
    842 of the Transportation, Treasury, Housing and Urban Development, the
    Judiciary, the District of Columbia, and Independent Agencies
    Appropriations Act, 2006 (Public Law 109-115; 119 Stat. 2506); or (2)
    section 8110(a)(5) of title 38, United States Code.
        Sec. 236.  Section 842 <<NOTE: Contracts.>>  of Public Law 109-115
    shall not apply to conversion of an activity or function of the Veterans
    Health Administration, Veterans Benefits Administration, or National
    Cemetery Administration to contractor performance by a business concern
    that is at least 51 percent owned by one or more Indian tribes as
    defined in section 5304(e) of title 25, United States Code, or one or
    more Native Hawaiian Organizations as defined in section 637(a)(15) of
    title 15, United States Code.

        Sec. 237. (a) <<NOTE: Consultation. Deadlines. 38 USC 5701 note
    prec.>>  Except as provided in subsection (b), the Secretary of Veterans
    Affairs, in consultation with the Secretary of Defense and the Secretary
    of Labor, shall discontinue using Social Security account numbers to
    identify individuals in all information systems of the Department of
    Veterans Affairs as follows:
                (1) For all veterans submitting to the Secretary of Veterans
            Affairs new claims for benefits under laws administered by the
            Secretary, not later than March 23, 2023.
                (2) For all individuals not described in paragraph (1), not
            later than March 23, 2026.

        (b) The Secretary of Veterans Affairs may use a Social Security
    account number to identify an individual in an information system

    [[Page 136 STAT. 557]]

    of the Department of Veterans Affairs if and only if the use of such
    number is required to obtain information the Secretary requires from an
    information system that is not under the jurisdiction of the Secretary.
        (c) The matter in subsections (a) and (b) shall supersede section
    238 of Public Law 116-94.
        Sec. 238.  For <<NOTE: Applicability.>>  funds provided to the
    Department of Veterans Affairs for each of fiscal year 2022 and 2023 for
    ``Medical Services'', section 239 of division A of Public Law 114-223
    shall apply.

        Sec. 239.  None of the funds appropriated in this or prior
    appropriations Acts or otherwise made available to the Department of
    Veterans Affairs may be used to transfer any amounts from the Filipino
    Veterans Equity Compensation Fund to any other account within the
    Department of Veterans Affairs.
        Sec. 240.  Of <<NOTE: Time periods.>>  the funds provided to the
    Department of Veterans Affairs for each of fiscal year 2022 and fiscal
    year 2023 for ``Medical Services'', funds may be used in each year to
    carry out and expand the child care program authorized by section 205 of
    Public Law 111-163, notwithstanding subsection (e) of such section.

        Sec. 241.  None <<NOTE: Contracts.>>  of the funds appropriated or
    otherwise made available in this title may be used by the Secretary of
    Veterans Affairs to enter into an agreement related to resolving a
    dispute or claim with an individual that would restrict in any way the
    individual from speaking to members of Congress or their staff on any
    topic not otherwise prohibited from disclosure by Federal law or
    required by Executive order to be kept secret in the interest of
    national defense or the conduct of foreign affairs.

        Sec. 242.  For <<NOTE: Time periods. Applicability.>>  funds
    provided to the Department of Veterans Affairs for each of fiscal year
    2022 and 2023, section 258 of division A of Public Law 114-223 shall
    apply.

        Sec. 243. (a) <<NOTE: Records. Compliance.>>  None of the funds
    appropriated or otherwise made available by this Act may be used to deny
    an Inspector General funded under this Act timely access to any records,
    documents, or other materials available to the department or agency over
    which that Inspector General has responsibilities under the Inspector
    General Act of 1978 (5 U.S.C. App.), or to prevent or impede the access
    of the Inspector General to such records, documents, or other materials,
    under any provision of law, except a provision of law that expressly
    refers to such Inspector General and expressly limits the right of
    access.

        (b) A department or agency covered by this section shall provide its
    Inspector General access to all records, documents, and other materials
    in a timely manner.
        (c) Each Inspector General shall ensure compliance with statutory
    limitations on disclosure relevant to the information provided by the
    establishment over which that Inspector General has responsibilities
    under the Inspector General Act of 1978 (5 U.S.C. App.).
        (d) <<NOTE: Reports.>>  Each Inspector General covered by this
    section shall report to the Committee on Appropriations of the Senate
    and the Committee on Appropriations of the House of Representatives
    within 5 calendar days of any failure by any department or agency
    covered by this section to comply with this requirement.

        Sec. 244.  None of the funds made available in this Act may be used
    in a manner that would increase wait times for veterans who seek care at
    medical facilities of the Department of Veterans Affairs.

    [[Page 136 STAT. 558]]

        Sec. 245.  None of the funds appropriated or otherwise made
    available by this Act to the Veterans Health Administration may be used
    in fiscal year 2022 to convert any program which received specific
    purpose funds in fiscal year 2021 to a general purpose funded program
    unless the Secretary of Veterans Affairs submits written notification of
    any such proposal to the Committees on Appropriations of both Houses of
    Congress at least 30 days prior to any such action and an approval is
    issued by the Committees.
        Sec. 246.  For <<NOTE: Time periods. Applicability.>>  funds
    provided to the Department of Veterans Affairs for each of fiscal year
    2022 and 2023, section 248 of division A of Public Law 114-223 shall
    apply.

        Sec. 247. (a) <<NOTE: Effective date. 38 USC 303 note.>>  None of
    the funds appropriated or otherwise made available by this Act may be
    used to conduct research commencing on or after October 1, 2019, that
    uses any canine, feline, or non-human primate unless the Secretary of
    Veterans Affairs approves such research specifically and in writing
    pursuant to subsection (b).

        (b)(1) <<NOTE: Effective date. Research and
    development. Animals. Determination.>>  The Secretary of Veterans
    Affairs may approve the conduct of research commencing on or after
    October 1, 2019, using canines, felines, or non-human primates if the
    Secretary determines that--
                (A) the scientific objectives of the research can only be
            met by using such canines, felines, or non-human primates;
                (B) such scientific objectives are directly related to an
            illness or injury that is combat-related; and
                (C) the research is consistent with the revised Department
            of Veterans Affairs canine research policy document dated
            December 15, 2017, including any subsequent revisions to such
            document.

        (2) The Secretary may not delegate the authority under this
    subsection.
        (c) <<NOTE: Reports.>>  If the Secretary approves any new research
    pursuant to subsection (b), not later than 30 days before the
    commencement of such research, the Secretary shall submit to the
    Committees on Appropriations of the Senate and House of Representatives
    a report describing--
                (1) the nature of the research to be conducted using
            canines, felines, or non-human primates;
                (2) the date on which the Secretary approved the research;
                (3) the justification for the determination of the Secretary
            that the scientific objectives of such research could only be
            met using canines, felines, or non-human primates;
                (4) the frequency and duration of such research; and
                (5) the protocols in place to ensure the necessity, safety,
            and efficacy of the research.

        (d) <<NOTE: Deadline. Reports.>>  Not later than 180 days after the
    date of the enactment of this Act, and biannually thereafter, the
    Secretary shall submit to such Committees a report describing--
                (1) any research being conducted by the Department of
            Veterans Affairs using canines, felines, or non-human primates
            as of the date of the submittal of the report;
                (2) the circumstances under which such research was
            conducted using canines, felines, or non-human primates;
                (3) the justification for using canines, felines, or non-
            human primates to conduct such research; and
                (4) the protocols in place to ensure the necessity, safety,
            and efficacy of such research.

    [[Page 136 STAT. 559]]

        (e) <<NOTE: Plan. Deadline.>>  The Department shall implement a plan
    under which the Secretary will eliminate or reduce the research
    conducted using canines, felines, or non-human primates by not later
    than 5 years after the date of enactment of Public Law 116-94.

        Sec. 248. (a) The Secretary of Veterans Affairs may use amounts
    appropriated or otherwise made available in this title to ensure that
    the ratio of veterans to full-time employment equivalents within any
    program of rehabilitation conducted under chapter 31 of title 38, United
    States Code, does not exceed 125 veterans to one full-time employment
    equivalent.
        (b) <<NOTE: Reports.>>  Not later than 180 days after the date of
    the enactment of this Act, the Secretary shall submit to Congress a
    report on the programs of rehabilitation conducted under chapter 31 of
    title 38, United States Code, including--
                (1) <<NOTE: Assessment.>>  an assessment of the veteran-to-
            staff ratio for each such program; and
                (2) <<NOTE: Recommenda- tions.>>  recommendations for such
            action as the Secretary considers necessary to reduce the
            veteran-to-staff ratio for each such program.

        Sec. 249.  Amounts made available for the ``Veterans Health
    Administration, Medical Community Care'' account in this or any other
    Act for fiscal years 2022 and 2023 may be used for expenses that would
    otherwise be payable from the Veterans Choice Fund established by
    section 802 of the Veterans Access, Choice, and Accountability Act, as
    amended (38 U.S.C. 1701 note).
        Sec. 250.  Obligations and expenditures applicable to the ``Medical
    Services'' account in fiscal years 2017 through 2019 for aid to state
    homes (as authorized by section 1741 of title 38, United States Code)
    shall remain in the ``Medical Community Care'' account for such fiscal
    years.
        Sec. 251.  Of the amounts made available for the Department of
    Veterans Affairs for fiscal year 2022, in this or any other Act, under
    the ``Veterans Health Administration--Medical Services'', ``Veterans
    Health Administration--Medical Community Care'', ``Veterans Health
    Administration--Medical Support and Compliance'', and ``Veterans Health
    Administration--Medical Facilities'' accounts, $840,446,000 shall be
    made available for gender-specific care and programmatic efforts to
    deliver care for women veterans.

                          (including transfer of funds)

        Sec. 252.  Amounts made available for the Department of Veterans
    Affairs for ``Medical Facilities'' and ``General Administration'' in
    this Act or prior Acts that remain available for obligation in fiscal
    year 2022 may be transferred as necessary to the ``Asset and
    Infrastructure Review'' account for the purposes of carrying out the VA
    Asset and Infrastructure Review Act of 2018 (subtitle A of title II of
    Public Law 115-182):  Provided, That the total amounts transferred may
    not increase the account by more than $2,000,000:  Provided further,
    That <<NOTE: Time period.>>  in advance of any such transfer, the
    Secretary of Veterans Affairs shall request from the Committees on
    Appropriations of both Houses of Congress the authority to make the
    transfer and such Committees issue an approval, or absent a response, a
    period of 30 days has elapsed.

    [[Page 136 STAT. 560]]

                              (rescission of funds)

        Sec. 253. (a) Of the unobligated balances in the ``Recurring
    Expenses Transformational Fund'' established in section 243 of division
    J of Public Law 114-113, $820,000,000 is hereby rescinded immediately
    upon enactment of this Act.
        (b) For an additional amount for the accounts and in the amounts
    specified, to remain available until expended, in addition to such other
    funds as may be available for such purposes, as follows:
                (1) ``Departmental Administration--Information Technology
            Systems'', $670,000,000, for information technology systems
            improvements and sustainment; and
                (2) ``Veterans Health Administration--Medical Facilities'',
            $150,000,000, for facilities infrastructure improvements,
            including non-recurring maintenance, at existing hospitals and
            clinics of the Veterans Health Administration:

      Provided, That <<NOTE: Plan. Time period.>>  prior to obligation of
    any of the funds provided in this subsection, the Secretary of Veterans
    Affairs must provide a plan for the execution of the funds appropriated
    in this subsection to the Committees on Appropriations of both Houses of
    Congress and such Committees issue an approval, or absent a response, a
    period of 30 days has elapsed.

        Sec. 254.  Not <<NOTE: Reports.>>  later than 30 days after the end
    of each fiscal quarter, the Secretary of Veterans Affairs shall submit
    to the Committees on Appropriations of both Houses of Congress a
    quarterly report on the status of the ``Veterans Medical Care and Health
    Fund'', established to execute section 8002 of the American Rescue Plan
    Act of 2021 (Public Law 117-2):  Provided,
    That, <<NOTE: Updates. Expenditure plan.>>  at a minimum, the report
    shall include an update on obligations by program, project or activity
    and a plan for expending the remaining funds:  Provided further,
    That <<NOTE: Notification. Reallocations. Time period.>>  the Secretary
    of Veterans Affairs must submit notification of any plans to reallocate
    funds from the current apportionment categories of ``Medical Services'',
    ``Medical Support and Compliance'', ``Medical Facilities'', ``Medical
    Community Care'', or ``Medical and Prosthetic Research'', including the
    amount and purpose of each reallocation to the Committees on
    Appropriations of both Houses of Congress and such Committees issue an
    approval, or absent a response, a period of 30 days has elapsed.

                             (rescissions of funds)

        Sec. 255.  Of the unobligated balances available to the Department
    of Veterans Affairs from prior appropriations Acts, the following funds
    are hereby rescinded from the following accounts in the amounts
    specified:
                ``Veterans Health Administration--Medical Services'',
            $200,000,000;
                ``Veterans Health Administration--Medical Community Care'',
            $200,000,000; and
                ``Departmental Administration--Veterans Electronic Health
            Record'', $200,000,000:

      Provided, That no amounts may be rescinded from amounts that were
    designated by the Congress as an emergency requirement pursuant to a
    concurrent resolution on the budget or the Balanced Budget and Emergency
    Deficit Control Act of 1985.

    [[Page 136 STAT. 561]]

                              (rescission of funds)

        Sec. 256.  Immediately upon enactment of this Act, of the
    unobligated balances of funds made available by section 8003 of the
    American Rescue Plan Act of 2021 (Public Law 117-2) to the Department of
    Veterans Affairs for the supply chain modernization initiative,
    $76,105,000 is hereby rescinded.
        Sec. 257.  Any <<NOTE: Time period. Determination.>>  amounts
    transferred to the Secretary and administered by a corporation referred
    to in section 7364(b) of title 38, United States Code, between October
    1, 2016 and September 30, 2017 for purposes of carrying out an order
    placed with the Department of Veterans Affairs pursuant to section 1535
    of title 31, United States Code, that are available for obligation
    pursuant to section 7364(b)(1) of title 38, United States Code, are to
    remain available for the liquidation of valid obligations incurred by
    such corporation during the period of performance of such order,
    provided that the Secretary of Veterans Affairs determines that such
    amounts need to remain available for such liquidation.

                                    TITLE III

                                RELATED AGENCIES

                      American Battle Monuments Commission

                              salaries and expenses

        For necessary expenses, not otherwise provided for, of the American
    Battle Monuments Commission, including the acquisition of land or
    interest in land in foreign countries; purchases and repair of uniforms
    for caretakers of national cemeteries and monuments outside of the
    United States and its territories and possessions; rent of office and
    garage space in foreign countries; purchase (one-for-one replacement
    basis only) and hire of passenger motor vehicles; not to exceed $15,000
    for official reception and representation expenses; and insurance of
    official motor vehicles in foreign countries, when required by law of
    such countries, $87,500,000, to remain available until expended.

                      foreign currency fluctuations account

         For necessary expenses, not otherwise provided for, of the American
    Battle Monuments Commission, such sums as may be necessary, to remain
    available until expended, for purposes authorized by section 2109 of
    title 36, United States Code.

               United States Court of Appeals for Veterans Claims

                              salaries and expenses

         For necessary expenses for the operation of the United States Court
    of Appeals for Veterans Claims as authorized by sections 7251 through
    7298 of title 38, United States Code, $41,700,000:  Provided, That
    $3,385,104 shall be available for the purpose of providing financial
    assistance as described and in accordance with the process and reporting
    procedures set forth under this heading in Public Law 102-229.

    [[Page 136 STAT. 562]]

                          Department of Defense--Civil

                            Cemeterial Expenses, Army

                              salaries and expenses

        For necessary expenses for maintenance, operation, and improvement
    of Arlington National Cemetery and Soldiers' and Airmen's Home National
    Cemetery, including the purchase or lease of passenger motor vehicles
    for replacement on a one-for-one basis only, and not to exceed $2,000
    for official reception and representation expenses, $87,000,000, of
    which not to exceed $15,000,000 shall remain available until September
    30, 2024. In addition, such sums as may be necessary for parking
    maintenance, repairs and replacement, to be derived from the ``Lease of
    Department of Defense Real Property for Defense Agencies'' account.

                                  construction

         For necessary expenses for planning and design and construction at
    Arlington National Cemetery and Soldiers' and Airmen's Home National
    Cemetery, $141,000,000, to remain available until expended, for planning
    and design and construction associated with the Southern Expansion
    project at Arlington National Cemetery.

                          Armed Forces Retirement Home

                                   trust fund

        For expenses necessary for the Armed Forces Retirement Home to
    operate and maintain the Armed Forces Retirement Home--Washington,
    District of Columbia, and the Armed Forces Retirement Home--Gulfport,
    Mississippi, to be paid from funds available in the Armed Forces
    Retirement Home Trust Fund, $77,000,000, to remain available until
    September 30, 2023, of which $9,000,000 shall remain available until
    expended for construction and renovation of the physical plants at the
    Armed Forces Retirement Home--Washington, District of Columbia, and the
    Armed Forces Retirement Home--Gulfport, Mississippi:  Provided, That of
    the amounts made available under this heading from funds available in
    the Armed Forces Retirement Home Trust Fund, $25,000,000 shall be paid
    from the general fund of the Treasury to the Trust Fund.

                            Administrative Provision

        Sec. 301.  Amounts deposited into the special account established
    under 10 U.S.C. 7727 are appropriated and shall be available until
    expended to support activities at the Army National Military Cemeteries.

                                    TITLE IV

                               GENERAL PROVISIONS

        Sec. 401.  No part of any appropriation contained in this Act shall
    remain available for obligation beyond the current fiscal year unless
    expressly so provided herein.
        Sec. 402.  None of the funds made available in this Act may be used
    for any program, project, or activity, when it is made

    [[Page 136 STAT. 563]]

    known to the Federal entity or official to which the funds are made
    available that the program, project, or activity is not in compliance
    with any Federal law relating to risk assessment, the protection of
    private property rights, or unfunded mandates.
        Sec. 403.  All departments and agencies funded under this Act are
    encouraged, within the limits of the existing statutory authorities and
    funding, to expand their use of ``E-Commerce'' technologies and
    procedures in the conduct of their business practices and public service
    activities.
        Sec. 404.  Unless stated otherwise, all reports and notifications
    required by this Act shall be submitted to the Subcommittee on Military
    Construction and Veterans Affairs, and Related Agencies of the Committee
    on Appropriations of the House of Representatives and the Subcommittee
    on Military Construction and Veterans Affairs, and Related Agencies of
    the Committee on Appropriations of the Senate.
        Sec. 405.  None of the funds made available in this Act may be
    transferred to any department, agency, or instrumentality of the United
    States Government except pursuant to a transfer made by, or transfer
    authority provided in, this or any other appropriations Act.
        Sec. 406.  None of the funds made available in this Act may be used
    for a project or program named for an individual serving as a Member,
    Delegate, or Resident Commissioner of the United States House of
    Representatives.
        Sec. 407. (a) <<NOTE: Web posting. Public
    information. Reports. Determination.>>  Any agency receiving funds made
    available in this Act, shall, subject to subsections (b) and (c), post
    on the public Web site of that agency any report required to be
    submitted by the Congress in this or any other Act, upon the
    determination by the head of the agency that it shall serve the national
    interest.

        (b) Subsection (a) shall not apply to a report if--
                (1) the public posting of the report compromises national
            security; or
                (2) the report contains confidential or proprietary
            information.

        (c) <<NOTE: Time period.>>  The head of the agency posting such
    report shall do so only after such report has been made available to the
    requesting Committee or Committees of Congress for no less than 45 days.

        Sec. 408. (a) <<NOTE: Pornography.>>  None of the funds made
    available in this Act may be used to maintain or establish a computer
    network unless such network blocks the viewing, downloading, and
    exchanging of pornography.

        (b) Nothing in subsection (a) shall limit the use of funds necessary
    for any Federal, State, tribal, or local law enforcement agency or any
    other entity carrying out criminal investigations, prosecution, or
    adjudication activities.
        Sec. 409.  None of the funds made available in this Act may be used
    by an agency of the executive branch to pay for first-class travel by an
    employee of the agency in contravention of sections 301-10.122 through
    301-10.124 of title 41, Code of Federal Regulations.
        Sec. 410.  None <<NOTE: Contracts.>>  of the funds made available in
    this Act may be used to execute a contract for goods or services,
    including construction services, where the contractor has not complied
    with Executive Order No. 12989.

    [[Page 136 STAT. 564]]

        Sec. 411.  None of the funds made available by this Act may be used
    in contravention of section 101(e)(8) of title 10, United States Code.
        Sec. 412. (a) <<NOTE: Cuba.>>  In General.--None of the funds
    appropriated or otherwise made available to the Department of Defense in
    this Act may be used to construct, renovate, or expand any facility in
    the United States, its territories, or possessions to house any
    individual detained at United States Naval Station, Guantanamo Bay,
    Cuba, for the purposes of detention or imprisonment in the custody or
    under the control of the Department of Defense.

        (b) The prohibition in subsection (a) shall not apply to any
    modification of facilities at United States Naval Station, Guantanamo
    Bay, Cuba.
        (c) An individual described in this subsection is any individual
    who, as of June 24, 2009, is located at United States Naval Station,
    Guantanamo Bay, Cuba, and who--
                (1) is not a citizen of the United States or a member of the
            Armed Forces of the United States; and
                (2) is--
                        (A) in the custody or under the effective control of
                    the Department of Defense; or
                        (B) otherwise under detention at United States Naval
                    Station, Guantanamo Bay, Cuba.

        This division may be cited as the ``Military Construction, Veterans
    Affairs, and Related Agencies Appropriations Act, 2022''.

     DIVISION K--DEPARTMENT OF STATE, <<NOTE: Department of State, Foreign
     Operations, and Related Programs Appropriations Act, 2022.>>  FOREIGN
    OPERATIONS, AND RELATED PROGRAMS APPROPRIATIONS ACT, 2022

                                     TITLE I

                     DEPARTMENT OF STATE AND RELATED AGENCY

                               Department of State

                        Administration of Foreign Affairs

                               diplomatic programs

        For necessary <<NOTE: Time period.>>  expenses of the Department of
    State and the Foreign Service not otherwise provided for,
    $9,178,789,000, of which $808,589,000 may remain available until
    September 30, 2023, and of which up to $3,788,199,000 may remain
    available until expended for Worldwide Security Protection:  Provided,
    That <<NOTE: Allocations.>>  funds made available under this heading
    shall be allocated in accordance with paragraphs (1) through (4) as
    follows:
                (1) Human resources.--For necessary expenses for training,
            human resources management, and salaries, including employment
            without regard to civil service and classification laws of
            persons on a temporary basis (not to exceed $700,000), as
            authorized by section 801 of the United States Information and
            Educational Exchange Act of 1948 (62 Stat. 11; Chapter 36),
            $3,216,871,000, of which up to $661,240,000 is for Worldwide
            Security Protection.
                (2) Overseas programs.--For necessary expenses for the
            regional bureaus of the Department of State and overseas
            activities as authorized by law, $1,791,425,000.

    [[Page 136 STAT. 565]]

                (3) Diplomatic policy and support.--For necessary expenses
            for the functional bureaus of the Department of State, including
            representation to certain international organizations in which
            the United States participates pursuant to treaties ratified
            pursuant to the advice and consent of the Senate or specific
            Acts of Congress, general administration, and arms control,
            nonproliferation, and disarmament activities as authorized,
            $994,768,000.
                (4) Security programs.--For necessary expenses for security
            activities, $3,175,725,000, of which up to $3,126,959,000 is for
            Worldwide Security Protection.
                (5) Fees and payments collected.--In addition to amounts
            otherwise made available under this heading--
                        (A) as authorized by section 810 of the United
                    States Information and Educational Exchange Act, not to
                    exceed $5,000,000, to remain available until expended,
                    may be credited to this appropriation from fees or other
                    payments received from English teaching, library, motion
                    pictures, and publication programs and from fees from
                    educational advising and counseling and exchange visitor
                    programs; and
                        (B) not to exceed $15,000, which shall be derived
                    from reimbursements, surcharges, and fees for use of
                    Blair House facilities.
                (6) Transfer of funds, reprogramming, and other matters.--
                        (A) Notwithstanding any other provision of this Act,
                    funds may be reprogrammed within and between paragraphs
                    (1) through (4) under this heading subject to section
                    7015 of this Act.
                        (B) Of the amount made available under this heading
                    for Worldwide Security Protection, not to exceed
                    $50,000,000 may be transferred to, and merged with,
                    funds made available by this Act under the heading
                    ``Emergencies in the Diplomatic and Consular Service'',
                    to be available only for emergency evacuations and
                    rewards, as authorized:  Provided,
                    That <<NOTE: Consultation.>>  the exercise of the
                    authority provided by this subparagraph shall be subject
                    to prior consultation with the Committees on
                    Appropriations.
                        (C) Funds appropriated under this heading are
                    available for acquisition by exchange or purchase of
                    passenger motor vehicles as authorized by law and,
                    pursuant to section 1108(g) of title 31, United States
                    Code, for the field examination of programs and
                    activities in the United States funded from any account
                    contained in this title.
                        (D) Funds appropriated under this heading shall be
                    made available for the following purposes and as
                    specified under this heading in the explanatory
                    statement described in section 4 (in the matter
                    preceding division A of this consolidated Act) to--
                              (i) support the activities of an Ambassador-
                          at-Large for the Arctic Region; and
                              (ii) implement an Arctic Indigenous Exchange
                          Program.
                        (E) Of the amount made available under this heading,
                    up to $100,000,000 may be transferred to, and merged
                    with, funds made available in title I of this Act under

    [[Page 136 STAT. 566]]

                    the heading ``Capital Investment
                    Fund'': <<NOTE: Consultation.>>   Provided, That the
                    exercise of the authority provided by this subparagraph
                    shall be subject to prior consultation with the
                    Committees on Appropriations.

                             capital investment fund

        For necessary expenses of the Capital Investment Fund, as
    authorized, $300,000,000, to remain available until expended.

                           office of inspector general

        For necessary expenses of the Office of Inspector General,
    $91,458,000, of which $13,718,000 may remain available until September
    30, 2023:  Provided, That funds appropriated under this heading are made
    available notwithstanding section 209(a)(1) of the Foreign Service Act
    of 1980 (22 U.S.C. 3929(a)(1)), as it relates to post inspections.
        In addition, for the Special Inspector General for Afghanistan
    Reconstruction (SIGAR) for reconstruction oversight, $40,000,000, to
    remain available until September 30, 2023:  Provided, That funds
    appropriated under this heading that are made available for the printing
    and reproduction costs of SIGAR shall not exceed amounts for such costs
    during the prior fiscal year.

                   educational and cultural exchange programs

        For necessary expenses of educational and cultural exchange
    programs, as authorized, $753,000,000, to remain available until
    expended, of which not less than $275,000,000 shall be for the Fulbright
    Program and not less than $113,860,000 shall be for Citizen Exchange
    Program:  Provided, That fees or other payments received from, or in
    connection with, English teaching, educational advising and counseling
    programs, and exchange visitor programs as authorized may be credited to
    this account, to remain available until expended:  Provided further,
    That <<NOTE: Fellowships and scholarships. Consultation.>>  a portion of
    the Fulbright awards from the Eurasia and Central Asia regions shall be
    designated as Edmund S. Muskie Fellowships, following consultation with
    the Committees on Appropriations:  Provided further, That funds
    appropriated under this heading that are made available for the Benjamin
    Gilman International Scholarships Program shall also be made available
    for the John S. McCain Scholars Program, pursuant to section 7075 of the
    Department of State, Foreign Operations, and Related Programs
    Appropriations Act, 2019 (division F of Public Law 116-6):  Provided
    further, That funds appropriated under this heading shall be made
    available for the Community Engagement Exchange Program as described
    under the heading ``Civil Society Exchange Program'' in Senate Report
    116-126:  Provided further, That <<NOTE: Consultation. Notification.>>
    any substantive modifications from the prior fiscal year to programs
    funded by this Act under this heading shall be subject to prior
    consultation with, and the regular notification procedures of, the
    Committees on Appropriations.

                             representation expenses

        For representation expenses as authorized, $7,415,000.

    [[Page 136 STAT. 567]]

                  protection of foreign missions and officials

        For necessary expenses, not otherwise provided, to enable the
    Secretary of State to provide for extraordinary protective services, as
    authorized, $30,890,000, to remain available until September 30, 2023.

                 embassy security, construction, and maintenance

        For necessary expenses for carrying out the Foreign Service
    Buildings Act of 1926 (22 U.S.C. 292 et seq.), preserving, maintaining,
    repairing, and planning for real property that are owned or leased by
    the Department of State, and renovating, in addition to funds otherwise
    available, the Harry S Truman Building, $850,722,000, to remain
    available until September 30, 2026, of which not to exceed $25,000 may
    be used for overseas representation expenses as authorized:  Provided,
    That none of the funds appropriated in this paragraph shall be available
    for acquisition of furniture, furnishings, or generators for other
    departments and agencies of the United States Government.
        In addition, for the costs of worldwide security upgrades,
    acquisition, and construction as authorized, $1,132,427,000, to remain
    available until expended.

               emergencies in the diplomatic and consular service

        For necessary expenses to enable the Secretary of State to meet
    unforeseen emergencies arising in the Diplomatic and Consular Service,
    as authorized, $7,885,000, to remain available until expended, of which
    not to exceed $1,000,000 may be transferred to, and merged with, funds
    appropriated by this Act under the heading ``Repatriation Loans Program
    Account''.

                       repatriation loans program account

        For the cost of direct loans, $1,300,000, as authorized:  Provided,
    That such costs, including the cost of modifying such loans, shall be as
    defined in section 502 of the Congressional Budget Act of 1974:
    Provided further, That such funds are available to subsidize gross
    obligations for the principal amount of direct loans not to exceed
    $4,937,742.

                   payment to the american institute in taiwan

        For necessary expenses to carry out the Taiwan Relations Act (Public
    Law 96-8), $32,583,000.

             international center, washington, district of columbia

        Not to exceed $1,806,600 shall be derived from fees collected from
    other executive agencies for lease or use of facilities at the
    International Center in accordance with section 4 of the International
    Center Act (Public Law 90-553), and, in addition, as authorized by
    section 5 of such Act, $743,000, to be derived from the reserve
    authorized by such section, to be used for the purposes set out in that
    section.

    [[Page 136 STAT. 568]]

          payment to the foreign service retirement and disability fund

        For payment to the Foreign Service Retirement and Disability Fund,
    as authorized, $158,900,000.

    International Organizations <<NOTE: 22 USC 269a note.>>

                  contributions to international organizations

        For necessary <<NOTE: United Nations. Notifications.>>  expenses,
    not otherwise provided for, to meet annual obligations of membership in
    international multilateral organizations, pursuant to treaties ratified
    pursuant to the advice and consent of the Senate, conventions, or
    specific Acts of Congress, $1,662,928,000, of which $96,240,000 may
    remain available until September 30, 2023:  Provided,
    That <<NOTE: Budget.>>  the Secretary of State shall, at the time of the
    submission of the President's budget to Congress under section 1105(a)
    of title 31, United States Code, transmit to the Committees on
    Appropriations the most recent biennial budget prepared by the United
    Nations for the operations of the United Nations:  Provided further,
    That <<NOTE: Notification. Time period.>>  the Secretary of State shall
    notify the Committees on Appropriations at least 15 days in advance (or
    in an emergency, as far in advance as is practicable) of any United
    Nations action to increase funding for any United Nations program
    without identifying an offsetting decrease elsewhere in the United
    Nations budget:  Provided further, That any payment of arrearages under
    this heading shall be directed to activities that are mutually agreed
    upon by the United States and the respective international organization
    and shall be subject to the regular notification procedures of the
    Committees on Appropriations:  Provided further, That <<NOTE: Effective
    date.>>  none of the funds appropriated under this heading shall be
    available for a United States contribution to an international
    organization for the United States share of interest costs made known to
    the United States Government by such organization for loans incurred on
    or after October 1, 1984, through external borrowings.

     contributions for international peacekeeping activities <<NOTE: United
    Nations.>>

        For necessary expenses to pay assessed and other expenses of
    international peacekeeping activities directed to the maintenance or
    restoration of international peace and security, $1,498,614,000, of
    which $749,307,000 may remain available until September 30, 2023:
    Provided, That <<NOTE: Deadline. Time period. Notification. Cost
    estimates.>>  none of the funds made available by this Act shall be
    obligated or expended for any new or expanded United Nations
    peacekeeping mission unless, at least 15 days in advance of voting for
    such mission in the United Nations Security Council (or in an emergency
    as far in advance as is practicable), the Committees on Appropriations
    are notified of: (1) the estimated cost and duration of the mission, the
    objectives of the mission, the national interest that will be served,
    and the exit strategy; and (2) the sources of funds, including any
    reprogrammings or transfers, that will be used to pay the cost of the
    new or expanded mission, and the estimated cost in future fiscal years:
    Provided further, That none <<NOTE: Certification. Reports. Human
    rights. Public information. Web posting.>>  of the funds appropriated
    under this heading may be made available for obligation unless the
    Secretary of State certifies and reports to the Committees on
    Appropriations on a peacekeeping mission-by-mission basis that the
    United Nations is implementing

    [[Page 136 STAT. 569]]

    effective policies and procedures to prevent United Nations employees,
    contractor personnel, and peacekeeping troops serving in such mission
    from trafficking in persons, exploiting victims of trafficking, or
    committing acts of sexual exploitation and abuse or other violations of
    human rights, and to hold accountable individuals who engage in such
    acts while participating in such mission, including prosecution in their
    home countries and making information about such prosecutions publicly
    available on the website of the United Nations:  Provided further,
    That <<NOTE: Procedures. Human rights.>>  the Secretary of State shall
    work with the United Nations and foreign governments contributing
    peacekeeping troops to implement effective vetting procedures to ensure
    that such troops have not violated human rights:  Provided further,
    That <<NOTE: Determination.>>  funds shall be available for peacekeeping
    expenses unless the Secretary of State determines that United States
    manufacturers and suppliers are not being given opportunities to provide
    equipment, services, and material for United Nations peacekeeping
    activities equal to those being given to foreign manufacturers and
    suppliers:  Provided further, That <<NOTE: President. Recommenda-
    tions.>>  none of the funds appropriated or otherwise made available
    under this heading may be used for any United Nations peacekeeping
    mission that will involve United States Armed Forces under the command
    or operational control of a foreign national, unless the President's
    military advisors have submitted to the President a recommendation that
    such involvement is in the national interest of the United States and
    the President has submitted to Congress such a recommendation:  Provided
    further, That <<NOTE: Notification.>>  any payment of arrearages with
    funds appropriated by this Act shall be subject to the regular
    notification procedures of the Committees on Appropriations.

    International Commissions <<NOTE: 22 USC 269a note.>>

        For necessary expenses, not otherwise provided for, to meet
    obligations of the United States arising under treaties, or specific
    Acts of Congress, as follows:

      international boundary and water commission, united states and mexico

        For necessary <<NOTE: Compliance.>>  expenses for the United States
    Section of the International Boundary and Water Commission, United
    States and Mexico, and to comply with laws applicable to the United
    States Section, including not to exceed $6,000 for representation
    expenses; as follows:

                              salaries and expenses

        For salaries and expenses, not otherwise provided for, $51,970,000,
    of which $7,796,000 may remain available until September 30, 2023.

                                  construction

        For detailed plan preparation and construction of authorized
    projects, $51,030,000, to remain available until expended, as
    authorized:  Provided, That <<NOTE: Transfer
    authority. Consultation. Notification.>>  of the funds appropriated
    under this heading in this Act and prior Acts making appropriations for
    the Department of State, foreign operations, and related programs for
    the United States Section, except for funds designated by the Congress
    as

    [[Page 136 STAT. 570]]

    an emergency requirement pursuant to a concurrent resolution on the
    budget or the Balanced Budget and Emergency Deficit Control Act of 1985,
    up to $5,000,000 may be transferred to, and merged with, funds
    appropriated under the heading ``Salaries and Expenses'' to carry out
    the purposes of the United States Section, which shall be subject to
    prior consultation with, and the regular notification procedures of, the
    Committees on Appropriations:  Provided further, That such transfer
    authority is in addition to any other transfer authority provided in
    this Act.

                  american sections, international commissions

        For necessary expenses, not otherwise provided, for the
    International Joint Commission and the International Boundary
    Commission, United States and Canada, as authorized by treaties between
    the United States and Canada or Great Britain, and for technical
    assistance grants and the Community Assistance Program of the North
    American Development Bank, $15,008,000:  Provided, That of the amount
    provided under this heading for the International Joint Commission, up
    to $1,250,000 may remain available until September 30, 2023, and up to
    $9,000 may be made available for representation expenses:  Provided
    further, That of the amount provided under this heading for the
    International Boundary Commission, up to $1,000 may be made available
    for representation expenses.

                       international fisheries commissions

        For necessary expenses for international fisheries commissions, not
    otherwise provided for, as authorized by law, $62,846,000:  Provided,
    That the United States share of such expenses may be advanced to the
    respective commissions pursuant to section 3324 of title 31, United
    States Code.

                                 RELATED AGENCY

                      United States Agency for Global Media

                      international broadcasting operations

        For necessary expenses to enable the United States Agency for Global
    Media (USAGM), as authorized, to carry out international communication
    activities, and to make and supervise grants for radio, Internet, and
    television broadcasting to the Middle East, $850,300,000:  Provided,
    That in addition to amounts otherwise available for such purposes, up to
    $47,708,000 of the amount appropriated under this heading may remain
    available until expended for satellite transmissions and Internet
    freedom programs, of which not less than $27,000,000 shall be for
    Internet freedom programs:  Provided further, That of the total amount
    appropriated under this heading, not to exceed $35,000 may be used for
    representation expenses, of which $10,000 may be used for such expenses
    within the United States as authorized, and not to exceed $30,000 may be
    used for representation expenses of Radio Free Europe/Radio Liberty:
    Provided further, That funds appropriated under this heading shall be
    allocated in accordance with the table included under this heading in
    the explanatory statement described in section 4 (in the matter
    preceding division A of this consolidated

    [[Page 136 STAT. 571]]

    Act):  Provided further, That <<NOTE: Notification.>>  notwithstanding
    the previous proviso, funds may be reprogrammed within and between
    amounts designated in such table, subject to the regular notification
    procedures of the Committees on Appropriations, except that no such
    reprogramming may reduce a designated amount by more than 5 percent:
    Provided further, That funds appropriated under this heading shall be
    made available in accordance with the principles and standards set forth
    in section 303(a) and (b) of the United States International
    Broadcasting Act of 1994 (22 U.S.C. 6202) and section 305(b) of such Act
    (22 U.S.C. 6204):  Provided further, That
    the <<NOTE: Notification. Deadline. Determination. Terrorism.>>  USAGM
    Chief Executive Officer shall notify the Committees on Appropriations
    within 15 days of any determination by the USAGM that any of its
    broadcast entities, including its grantee organizations, provides an
    open platform for international terrorists or those who support
    international terrorism, or is in violation of the principles and
    standards set forth in section 303(a) and (b) of such Act or the
    entity's journalistic code of ethics:  Provided further, That in
    addition to funds made available under this heading, and notwithstanding
    any other provision of law, up to $5,000,000 in receipts from
    advertising and revenue from business ventures, up to $500,000 in
    receipts from cooperating international organizations, and up to
    $1,000,000 in receipts from privatization efforts of the Voice of
    America and the International Broadcasting Bureau, shall remain
    available until expended for carrying out authorized purposes:  Provided
    further, That <<NOTE: Notification.>>  significant modifications to
    USAGM broadcast hours previously justified to Congress, including
    changes to transmission platforms (shortwave, medium wave, satellite,
    Internet, and television), for all USAGM language services shall be
    subject to the regular notification procedures of the Committees on
    Appropriations:  Provided further, That <<NOTE: Transfer authority.>>
    up to $5,000,000 from the USAGM Buying Power Maintenance account may be
    transferred to, and merged with, funds appropriated by this Act under
    the heading ``International Broadcasting Operations'', which shall
    remain available until expended: <<NOTE: Consultation. Notification.>>
    Provided further, That such transfer authority is in addition to any
    transfer authority otherwise available under any other provision of law
    and shall be subject to prior consultation with, and the regular
    notification procedures of, the Committees on Appropriations.

                        broadcasting capital improvements

        For the purchase, rent, construction, repair, preservation, and
    improvement of facilities for radio, television, and digital
    transmission and reception; the purchase, rent, and installation of
    necessary equipment for radio, television, and digital transmission and
    reception, including to Cuba, as authorized; and physical security
    worldwide, in addition to amounts otherwise available for such purposes,
    $9,700,000, to remain available until expended, as authorized.

                                RELATED PROGRAMS

                               The Asia Foundation

        For a grant to The Asia Foundation, as authorized by The Asia
    Foundation Act (22 U.S.C. 4402), $21,500,000, to remain available until
    expended.

    [[Page 136 STAT. 572]]

                        United States Institute of Peace

        For necessary expenses of the United States Institute of Peace, as
    authorized by the United States Institute of Peace Act (22 U.S.C. 4601
    et seq.), $54,000,000, to remain available until September 30, 2023,
    which shall not be used for construction activities.

              Center for Middle Eastern-Western Dialogue Trust Fund

        For necessary expenses of the Center for Middle Eastern-Western
    Dialogue Trust Fund, as authorized by section 633 of the Departments of
    Commerce, Justice, and State, the Judiciary, and Related Agencies
    Appropriations Act, 2004 (22 U.S.C. 2078), the total amount of the
    interest and earnings accruing to such Fund on or before September 30,
    2022, to remain available until expended.

                     Eisenhower Exchange Fellowship Program

        For necessary expenses of Eisenhower Exchange Fellowships,
    Incorporated, as authorized by sections 4 and 5 of the Eisenhower
    Exchange Fellowship Act of 1990 (20 U.S.C. 5204-5205), all interest and
    earnings accruing to the Eisenhower Exchange Fellowship Program Trust
    Fund on or before September 30, 2022, to remain available until
    expended:  Provided, That <<NOTE: Salaries. Contracts.>>  none of the
    funds appropriated herein shall be used to pay any salary or other
    compensation, or to enter into any contract providing for the payment
    thereof, in excess of the rate authorized by section 5376 of title 5,
    United States Code; or for purposes which are not in accordance with
    section 200 of title 2 of the Code of Federal Regulations, including the
    restrictions on compensation for personal services.

                        Israeli Arab Scholarship Program

        For necessary expenses of the Israeli Arab Scholarship Program, as
    authorized by section 214 of the Foreign Relations Authorization Act,
    Fiscal Years 1992 and 1993 (22 U.S.C. 2452 note), all interest and
    earnings accruing to the Israeli Arab Scholarship Fund on or before
    September 30, 2022, to remain available until expended.

                                East-West Center

        To enable the Secretary of State to provide for carrying out the
    provisions of the Center for Cultural and Technical Interchange Between
    East and West Act of 1960, by grant to the Center for Cultural and
    Technical Interchange Between East and West in the State of Hawaii,
    $19,700,000.

                        National Endowment for Democracy

        For grants made by the Department of State to the National Endowment
    for Democracy, as authorized by the National Endowment for Democracy Act
    (22 U.S.C. 4412), $315,000,000, to remain available until expended, of
    which $195,840,000 shall be allocated in the traditional and customary
    manner, including for the core institutes, and $104,160,000 shall be for
    democracy programs:  Provided, That the requirements of section 7062(a)
    of this Act shall not apply to funds made available under this heading.

    [[Page 136 STAT. 573]]

                                OTHER COMMISSIONS

          Commission for the Preservation of America's Heritage Abroad

                              salaries and expenses

        For necessary expenses for the Commission for the Preservation of
    America's Heritage Abroad, $642,000, as authorized by chapter 3123 of
    title 54, United States Code:  Provided, That the Commission may procure
    temporary, intermittent, and other services notwithstanding paragraph
    (3) of section 312304(b) of such chapter:  Provided further,
    That <<NOTE: Termination date. Notification.>>  such authority shall
    terminate on October 1, 2022:  Provided further, That the Commission
    shall notify the Committees on Appropriations prior to exercising such
    authority.

           United States Commission on International Religious Freedom

                              salaries and expenses

        For necessary expenses for the United States Commission on
    International Religious Freedom, as authorized by title II of the
    International Religious Freedom Act of 1998 (22 U.S.C. 6431 et seq.),
    $4,500,000, to remain available until September 30, 2023, including not
    more than $4,000 for representation expenses:  Provided,
    That <<NOTE: Consultation.>>  of the funds appropriated under this
    heading, $1,000,000 shall be subject to prior consultation with the
    Committees on Appropriations:  Provided further,
    That <<NOTE: Reports. Human rights.>>  the United States Commission on
    International Religious Freedom shall, on a regular basis, monitor,
    report on, and advocate against laws and policies of, foreign
    governments that permit or condone discrimination against, or violations
    of human rights of, minority groups and other vulnerable communities on
    the basis of religion.

                Commission on Security and Cooperation in Europe

                              salaries and expenses

        For necessary expenses of the Commission on Security and Cooperation
    in Europe, as authorized by Public Law 94-304 (22 U.S.C. 3001 et seq.),
    $2,908,000, including not more than $5,000 for representation expenses,
    to remain available until September 30, 2023.

      Congressional-Executive Commission on the People's Republic of China

                              salaries and expenses

        For necessary expenses of the Congressional-Executive Commission on
    the People's Republic of China, as authorized by title III of the U.S.-
    China Relations Act of 2000 (22 U.S.C. 6911 et seq.), $2,250,000,
    including not more than $3,000 for representation expenses, to remain
    available until September 30, 2023.

    [[Page 136 STAT. 574]]

           United States-China Economic and Security Review Commission

                              salaries and expenses

        For necessary expenses of the United States-China Economic and
    Security Review Commission, as authorized by section 1238 of the Floyd
    D. Spence National Defense Authorization Act for Fiscal Year 2001 (22
    U.S.C. 7002), $4,000,000, including not more than $4,000 for
    representation expenses, to remain available until September 30, 2023:
    Provided, That <<NOTE: Extension. Applicability.>>  the authorities,
    requirements, limitations, and conditions contained in the second
    through fifth provisos under this heading in the Department of State,
    Foreign Operations, and Related Programs Appropriations Act, 2010
    (division F of Public Law 111-117) shall continue in effect during
    fiscal year 2022 and shall apply to funds appropriated under this
    heading.

                                    TITLE II

               UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT

                       Funds Appropriated to the President

                               operating expenses

        For necessary expenses to carry out the provisions of section 667 of
    the Foreign Assistance Act of 1961, $1,635,947,000, of which up to
    $245,392,000 may remain available until September 30, 2023:  Provided,
    That <<NOTE: Contracts. Reports.>>  none of the funds appropriated under
    this heading and under the heading ``Capital Investment Fund'' in this
    title may be made available to finance the construction (including
    architect and engineering services), purchase, or long-term lease of
    offices for use by the United States Agency for International
    Development, unless the USAID Administrator has identified such proposed
    use of funds in a report submitted to the Committees on Appropriations
    at least 15 days prior to the obligation of funds for such purposes:
    Provided further, That <<NOTE: Contracts. Time period.>>  contracts or
    agreements entered into with funds appropriated under this heading may
    entail commitments for the expenditure of such funds through the
    following fiscal year:  Provided further, That <<NOTE: Transfer
    authority.>>  the authority of sections 610 and 109 of the Foreign
    Assistance Act of 1961 may be exercised by the Secretary of State to
    transfer funds appropriated to carry out chapter 1 of part I of such Act
    to ``Operating Expenses'' in accordance with the provisions of those
    sections:  Provided further, That of the funds appropriated or made
    available under this heading, not to exceed $250,000 may be available
    for representation and entertainment expenses, of which not to exceed
    $5,000 may be available for entertainment expenses, and not to exceed
    $100,500 shall be for official residence expenses, for USAID during the
    current fiscal year.

                             capital investment fund

        For necessary expenses for overseas construction and related costs,
    and for the procurement and enhancement of information technology and
    related capital investments, pursuant to section

    [[Page 136 STAT. 575]]

    667 of the Foreign Assistance Act of 1961, $258,200,000, to remain
    available until expended:  Provided, That this amount is in addition to
    funds otherwise available for such purposes:  Provided further, That
    funds <<NOTE: Notification.>>  appropriated under this heading shall be
    available subject to the regular notification procedures of the
    Committees on Appropriations.

                           office of inspector general

        For necessary expenses to carry out the provisions of section 667 of
    the Foreign Assistance Act of 1961, $80,000,000, of which up to
    $12,000,000 may remain available until September 30, 2023, for the
    Office of Inspector General of the United States Agency for
    International Development.

                                    TITLE III

                          BILATERAL ECONOMIC ASSISTANCE

                       Funds Appropriated to the President

        For necessary expenses to enable the President to carry out the
    provisions of the Foreign Assistance Act of 1961, and for other
    purposes, as follows:

                             global health programs

        For necessary <<NOTE: Apportionment.>>  expenses to carry out the
    provisions of chapters 1 and 10 of part I of the Foreign Assistance Act
    of 1961, for global health activities, in addition to funds otherwise
    available for such purposes, $3,880,000,000, to remain available until
    September 30, 2023, and which shall be apportioned directly to the
    United States Agency for International Development:  Provided, That this
    amount shall be made available for training, equipment, and technical
    assistance to build the capacity of public health institutions and
    organizations in developing countries, and for such activities as: (1)
    child survival and maternal health programs; (2) immunization and oral
    rehydration programs; (3) other health, nutrition, water and sanitation
    programs which directly address the needs of mothers and children, and
    related education programs; (4) assistance for children displaced or
    orphaned by causes other than AIDS; (5) programs for the prevention,
    treatment, control of, and research on HIV/AIDS, tuberculosis, polio,
    malaria, and other infectious diseases including neglected tropical
    diseases, and for assistance to communities severely affected by HIV/
    AIDS, including children infected or affected by AIDS; (6) disaster
    preparedness training for health crises; (7) programs to prevent,
    prepare for, and respond to unanticipated and emerging global health
    threats, including zoonotic diseases; and (8) family planning/
    reproductive health:  Provided further, That funds appropriated under
    this paragraph may be made available for United States contributions to
    The GAVI Alliance and to a multilateral vaccine development partnership
    to support epidemic preparedness:  Provided further,
    That <<NOTE: Determination. Abortion. Sterilization.>>  none of the
    funds made available in this Act nor any unobligated balances from prior
    appropriations Acts may be made available to any organization or program
    which, as determined by the President of the United States, supports or
    participates in the management of a program of coercive abortion or

    [[Page 136 STAT. 576]]

    involuntary sterilization:  Provided further, That <<NOTE: Deadline.>>
    any determination made under the previous proviso must be made not later
    than 6 months after the date of enactment of this Act, and must be
    accompanied by the evidence and criteria utilized to make the
    determination:  Provided further, That <<NOTE: Abortion.>>  none of the
    funds made available under this Act may be used to pay for the
    performance of abortion as a method of family planning or to motivate or
    coerce any person to practice abortions:  Provided further, That nothing
    in this paragraph shall be construed to alter any existing statutory
    prohibitions against abortion under section 104 of the Foreign
    Assistance Act of 1961:  Provided further,
    That <<NOTE: Lobbying. Abortion.>>  none of the funds made available
    under this Act may be used to lobby for or against abortion:  Provided
    further, That <<NOTE: Family
    planning. Requirements. Determination. Reports.>>  in order to reduce
    reliance on abortion in developing nations, funds shall be available
    only to voluntary family planning projects which offer, either directly
    or through referral to, or information about access to, a broad range of
    family planning methods and services, and that any such voluntary family
    planning project shall meet the following requirements: (1) service
    providers or referral agents in the project shall not implement or be
    subject to quotas, or other numerical targets, of total number of
    births, number of family planning acceptors, or acceptors of a
    particular method of family planning (this provision shall not be
    construed to include the use of quantitative estimates or indicators for
    budgeting and planning purposes); (2) the project shall not include
    payment of incentives, bribes, gratuities, or financial reward to: (A)
    an individual in exchange for becoming a family planning acceptor; or
    (B) program personnel for achieving a numerical target or quota of total
    number of births, number of family planning acceptors, or acceptors of a
    particular method of family planning; (3) the project shall not deny any
    right or benefit, including the right of access to participate in any
    program of general welfare or the right of access to health care, as a
    consequence of any individual's decision not to accept family planning
    services; (4) the project shall provide family planning acceptors
    comprehensible information on the health benefits and risks of the
    method chosen, including those conditions that might render the use of
    the method inadvisable and those adverse side effects known to be
    consequent to the use of the method; and (5) the project shall ensure
    that experimental contraceptive drugs and devices and medical procedures
    are provided only in the context of a scientific study in which
    participants are advised of potential risks and benefits; and, not less
    than 60 days after the date on which the USAID Administrator determines
    that there has been a violation of the requirements contained in
    paragraph (1), (2), (3), or (5) of this proviso, or a pattern or
    practice of violations of the requirements contained in paragraph (4) of
    this proviso, the Administrator shall submit to the Committees on
    Appropriations a report containing a description of such violation and
    the corrective action taken by the Agency:  Provided further,
    That <<NOTE: Grants. Discrimination. Compliance.>>  in awarding grants
    for natural family planning under section 104 of the Foreign Assistance
    Act of 1961 no applicant shall be discriminated against because of such
    applicant's religious or conscientious commitment to offer only natural
    family planning; and, additionally, all such applicants shall comply
    with the requirements of the previous proviso:  Provided further,
    That <<NOTE: Definition.>>  for purposes of this or any other Act
    authorizing or appropriating funds for the Department of State, foreign
    operations, and related programs, the term ``motivate'', as it relates

    [[Page 136 STAT. 577]]

    to family planning assistance, shall not be construed to prohibit the
    provision, consistent with local law, of information or counseling about
    all pregnancy options:  Provided further, That <<NOTE: Condoms.>>
    information provided about the use of condoms as part of projects or
    activities that are funded from amounts appropriated by this Act shall
    be medically accurate and shall include the public health benefits and
    failure rates of such use.

        In addition, <<NOTE: Apportionment.>>  for necessary expenses to
    carry out the provisions of the Foreign Assistance Act of 1961 for the
    prevention, treatment, and control of, and research on, HIV/AIDS,
    $5,950,000,000, to remain available until September 30, 2026, which
    shall be apportioned directly to the Department of State:  Provided,
    That funds appropriated under this paragraph may be made available,
    notwithstanding any other provision of law, except for the United States
    Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003
    (Public Law 108-25), for a United States contribution to the Global Fund
    to Fight AIDS, Tuberculosis and Malaria (Global Fund):  Provided
    further, That the amount of such contribution shall be $1,560,000,000:
    Provided further, That <<NOTE: Notification.>>  up to 5 percent of the
    aggregate amount of funds made available to the Global Fund in fiscal
    year 2022 may be made available to USAID for technical assistance
    related to the activities of the Global Fund, subject to the regular
    notification procedures of the Committees on Appropriations:  Provided
    further, That of the funds appropriated under this paragraph, up to
    $17,000,000 may be made available, in addition to amounts otherwise
    available for such purposes, for administrative expenses of the Office
    of the United States Global AIDS Coordinator.

                             development assistance

        For necessary expenses to carry out the provisions of sections 103,
    105, 106, 214, and sections 251 through 255, and chapter 10 of part I of
    the Foreign Assistance Act of 1961, $4,140,494,000, to remain available
    until September 30, 2023:  Provided, That <<NOTE: Apportionment.>>
    funds made available under this heading shall be apportioned to the
    United States Agency for International Development.

                        international disaster assistance

        For necessary expenses to carry out the provisions of section 491 of
    the Foreign Assistance Act of 1961 for international disaster relief,
    rehabilitation, and reconstruction assistance, $3,905,460,000, to remain
    available until expended:  Provided,
    That <<NOTE: Apportionment. Deadline.>>  funds made available under this
    heading shall be apportioned to the United States Agency for
    International Development not later than 60 days after enactment of this
    Act.

                             transition initiatives

        For necessary expenses for international disaster rehabilitation and
    reconstruction assistance administered by the Office of Transition
    Initiatives, United States Agency for International Development,
    pursuant to section 491 of the Foreign Assistance Act of 1961, and to
    support transition to democracy and long-term development of countries
    in crisis, $80,000,000, to remain available until expended:  Provided,
    That such support may include assistance to

    [[Page 136 STAT. 578]]

    develop, strengthen, or preserve democratic institutions and processes,
    revitalize basic infrastructure, and foster the peaceful resolution of
    conflict:  Provided further, That <<NOTE: Reports.>>  the USAID
    Administrator shall submit a report to the Committees on Appropriations
    at least 5 days prior to beginning a new, or terminating a, program of
    assistance:  Provided further, That <<NOTE: Determination.>>  if the
    Secretary of State determines that it is important to the national
    interest of the United States to provide transition assistance in excess
    of the amount appropriated under this heading, up to $15,000,000 of the
    funds appropriated by this Act to carry out the provisions of part I of
    the Foreign Assistance Act of 1961 may be used for purposes of this
    heading and under the authorities applicable to funds appropriated under
    this heading:  Provided further, That <<NOTE: Consultation.>>  funds
    made available pursuant to the previous proviso shall be made available
    subject to prior consultation with the Committees on Appropriations.

                               complex crises fund

        For necessary expenses to carry out the provisions of section 509(b)
    of the Global Fragility Act of 2019 (title V of division J of Public Law
    116-94), $60,000,000, to remain available until expended:  Provided,
    That funds appropriated under this heading may be made available
    notwithstanding any other provision of law, except sections 7007, 7008,
    and 7018 of this Act and section 620M of the Foreign Assistance Act of
    1961:  Provided further, That funds <<NOTE: Apportionment.>>
    appropriated under this heading shall be apportioned to the United
    States Agency for International Development.

                              economic support fund

        For necessary expenses to carry out the provisions of chapter 4 of
    part II of the Foreign Assistance Act of 1961, $4,099,000,000, to remain
    available until September 30, 2023.

                                 democracy fund

        For necessary expenses to carry out the provisions of the Foreign
    Assistance Act of 1961 for the promotion of democracy globally,
    including to carry out the purposes of section 502(b)(3) and (5) of
    Public Law 98-164 (22 U.S.C. 4411), $215,450,000, to remain available
    until September 30, 2023, which shall be made available for the Human
    Rights and Democracy Fund of the Bureau of Democracy, Human Rights, and
    Labor, Department of State:  Provided, That funds appropriated under
    this heading that are made available to the National Endowment for
    Democracy and its core institutes are in addition to amounts otherwise
    available by this Act for such purposes:  Provided further,
    That <<NOTE: Consultation.>>  the Assistant Secretary for Democracy,
    Human Rights, and Labor, Department of State, shall consult with the
    Committees on Appropriations prior to the initial obligation of funds
    appropriated under this paragraph.

        For an additional amount for such purposes, $125,250,000, to remain
    available until September 30, 2023, which shall be made available for
    the Bureau for Development, Democracy, and Innovation, United States
    Agency for International Development.

    [[Page 136 STAT. 579]]

                 assistance for europe, eurasia and central asia

        For necessary expenses to carry out the provisions of the Foreign
    Assistance Act of 1961, the FREEDOM Support Act (Public Law 102-511),
    and the Support for Eastern European Democracy (SEED) Act of 1989
    (Public Law 101-179), $500,000,000, to remain available until September
    30, 2023, which shall be available, notwithstanding any other provision
    of law, except section 7047 of this Act, for assistance and related
    programs for countries identified in section 3 of the FREEDOM Support
    Act (22 U.S.C. 5801) and section 3(c) of the SEED Act of 1989 (22 U.S.C.
    5402), in addition to funds otherwise available for such purposes:
    Provided, That funds appropriated by this Act under the headings
    ``Global Health Programs'', ``Economic Support Fund'', and
    ``International Narcotics Control and Law Enforcement'' that are made
    available for assistance for such countries shall be administered in
    accordance with the responsibilities of the coordinator designated
    pursuant to section 102 of the FREEDOM Support Act and section 601 of
    the SEED Act of 1989:  Provided further, That funds appropriated under
    this heading shall be considered to be economic assistance under the
    Foreign Assistance Act of 1961 for purposes of making available the
    administrative authorities contained in that Act for the use of economic
    assistance:  Provided further, That funds appropriated under this
    heading may be made available for contributions to multilateral
    initiatives to counter hybrid threats.

                               Department of State

                        migration and refugee assistance

        For necessary expenses not otherwise provided for, to enable the
    Secretary of State to carry out the provisions of section 2(a) and (b)
    of the Migration and Refugee Assistance Act of 1962 (22 U.S.C. 2601),
    and other activities to meet refugee and migration needs; salaries and
    expenses of personnel and dependents as authorized by the Foreign
    Service Act of 1980 (22 U.S.C. 3901 et seq.); allowances as authorized
    by sections 5921 through 5925 of title 5, United States Code; purchase
    and hire of passenger motor vehicles; and services as authorized by
    section 3109 of title 5, United States Code, $2,912,188,000, to remain
    available until expended, of which $5,000,000 shall be made available
    for refugees resettling in Israel.

          united states emergency refugee and migration assistance fund

        For necessary expenses to carry out the provisions of section 2(c)
    of the Migration and Refugee Assistance Act of 1962 (22 U.S.C. 2601(c)),
    $100,000, to remain available until expended:  Provided, That
    amounts <<NOTE: Transfer authority.>>  in excess of the limitation
    contained in paragraph (2) of such section shall be transferred to, and
    merged with, funds made available by this Act under the heading
    ``Migration and Refugee Assistance''.

    [[Page 136 STAT. 580]]

                              Independent Agencies

                                   peace corps

                          (including transfer of funds)

        For necessary expenses to carry out the provisions of the Peace
    Corps Act (22 U.S.C. 2501 et seq.), including the purchase of not to
    exceed five passenger motor vehicles for administrative purposes for use
    outside of the United States, $410,500,000, of which $6,330,000 is for
    the Office of Inspector General, to remain available until September 30,
    2023:  Provided, That the Director of the Peace Corps may transfer to
    the Foreign Currency Fluctuations Account, as authorized by section 16
    of the Peace Corps Act (22 U.S.C. 2515), an amount not to exceed
    $5,000,000:  Provided further, That funds transferred pursuant to the
    previous proviso may not be derived from amounts made available for
    Peace Corps overseas operations:  Provided further, That of the funds
    appropriated under this heading, not to exceed $104,000 may be available
    for representation expenses, of which not to exceed $4,000 may be made
    available for entertainment expenses:  Provided
    further, <<NOTE: Consultation.>>  That in addition to the requirements
    under section 7015(a) of this Act, the Peace Corps shall consult with
    the Committees on Appropriations prior to any decision to open, close,
    or suspend a domestic or overseas office or a country program unless
    there is a substantial risk to volunteers or other Peace Corps
    personnel:  Provided further, <<NOTE: Abortions.>>  That none of the
    funds appropriated under this heading shall be used to pay for
    abortions:  Provided further, <<NOTE: Applicability.>>  That
    notwithstanding the previous proviso, section 614 of division E of
    Public Law 113-76 shall apply to funds appropriated under this heading.

                        millennium challenge corporation

        For necessary expenses to carry out the provisions of the Millennium
    Challenge Act of 2003 (22 U.S.C. 7701 et seq.) (MCA), $912,000,000, to
    remain available until expended:  Provided, That of the funds
    appropriated under this heading, up to $115,000,000 may be available for
    administrative expenses of the Millennium Challenge Corporation:
    Provided further, <<NOTE: Applicability.>>  That section 605(e) of the
    MCA (22 U.S.C. 7704(e)) shall apply to funds appropriated under this
    heading:  Provided further, That funds appropriated under this heading
    may be made available for a Millennium Challenge Compact entered into
    pursuant to section 609 of the MCA (22 U.S.C. 7708) only if such Compact
    obligates, or contains a commitment to obligate subject to the
    availability of funds and the mutual agreement of the parties to the
    Compact to proceed, the entire amount of the United States Government
    funding anticipated for the duration of the Compact:  Provided further,
    That no country should be eligible for a threshold program after such
    country has completed a country compact:  Provided further, That of the
    funds appropriated under this heading, not to exceed $100,000 may be
    available for representation and entertainment expenses, of which not to
    exceed $5,000 may be available for entertainment expenses.

    [[Page 136 STAT. 581]]

                            inter-american foundation

        For necessary expenses to carry out the functions of the Inter-
    American Foundation in accordance with the provisions of section 401 of
    the Foreign Assistance Act of 1969, $42,000,000, to remain available
    until September 30, 2023:  Provided, That of the funds appropriated
    under this heading, not to exceed $2,000 may be available for
    representation expenses.

                  united states african development foundation

        For necessary expenses to carry out the African Development
    Foundation Act (title V of Public Law 96-533; 22 U.S.C. 290h et seq.),
    $40,000,000, to remain available until September 30, 2023, of which not
    to exceed $2,000 may be available for representation expenses:
    Provided, That funds made available to grantees may be invested pending
    expenditure for project purposes when authorized by the Board of
    Directors of the United States African Development Foundation (USADF):
    Provided further, That interest earned shall be used only for the
    purposes for which the grant was made:  Provided further, <<NOTE: Waiver
    authority.>>  That notwithstanding section 505(a)(2) of the African
    Development Foundation Act (22 U.S.C. 290h-3(a)(2)), in exceptional
    circumstances the Board of Directors of the USADF may waive the $250,000
    limitation contained in that section with respect to a project and a
    project may exceed the limitation by up to 10 percent if the increase is
    due solely to foreign currency fluctuation:  Provided
    further, <<NOTE: Reports.>>  That the USADF shall submit a report to the
    appropriate congressional committees after each time such waiver
    authority is exercised:  Provided further, <<NOTE: Payments.>>  That the
    USADF may make rent or lease payments in advance from appropriations
    available for such purpose for offices, buildings, grounds, and quarters
    in Africa as may be necessary to carry out its functions:  Provided
    further, That the USADF may maintain bank accounts outside the United
    States Treasury and retain any interest earned on such accounts, in
    furtherance of the purposes of the African Development Foundation Act:
    Provided further, That the USADF may not withdraw any appropriation from
    the Treasury prior to the need of spending such funds for program
    purposes.

                           Department of the Treasury

                   international affairs technical assistance

        For necessary expenses to carry out the provisions of section 129 of
    the Foreign Assistance Act of 1961, $38,000,000, to remain available
    until expended, of which not more than $9,500,000 may be used for
    administrative expenses:  Provided, <<NOTE: Contracts.>>  That amounts
    made available under this heading may be made available to contract for
    services as described in section 129(d)(3)(A) of the Foreign Assistance
    Act of 1961, without regard to the location in which such services are
    performed.

                               debt restructuring

        For <<NOTE: President. Determination.>>  ``Bilateral Economic
    Assistance--Department of the Treasury--Debt Restructuring'' there is
    appropriated $52,000,000, to remain available until September 30, 2023,
    for the costs, as defined in section 502 of the Congressional Budget Act
    of 1974,

    [[Page 136 STAT. 582]]

    of modifying loans and loan guarantees for, or credits extended to, such
    countries as the President may determine, including the costs of
    selling, reducing, or canceling amounts owed to the United States
    pursuant to the ``Common Framework for Debt Treatments beyond the Debt
    Service Suspension Initiative (DSSI)'', and for reducing interest rates
    paid by any country eligible for the DSSI:  Provided, That such amounts
    may be used notwithstanding any other provision of law.

                   tropical forest and coral reef conservation

        For <<NOTE: President. Determination. Time period.>>  the costs, as
    defined in section 502 of the Congressional Budget Act of 1974, of
    modifying loans and loan guarantees, as the President may determine, for
    which funds have been appropriated or otherwise made available for
    programs within the International Affairs Budget Function 150, including
    the costs of selling, reducing, or canceling amounts owed to the United
    States as a result of concessional loans made to eligible countries
    pursuant to part V of the Foreign Assistance Act of 1961, $15,000,000,
    to remain available until September 30, 2025.

                                    TITLE IV

                        INTERNATIONAL SECURITY ASSISTANCE

                               Department of State

               international narcotics control and law enforcement

        For necessary expenses to carry out section 481 of the Foreign
    Assistance Act of 1961, $1,391,004,000, to remain available until
    September 30, 2023:  Provided, That the Department of State may use the
    authority of section 608 of the Foreign Assistance Act of 1961, without
    regard to its restrictions, to receive excess property from an agency of
    the United States Government for the purpose of providing such property
    to a foreign country or international organization under chapter 8 of
    part I of such Act, subject to the regular notification procedures of
    the Committees on Appropriations:  Provided further, That section 482(b)
    of the Foreign Assistance Act of 1961 shall not apply to funds
    appropriated under this heading, except that any funds made available
    notwithstanding such section shall be subject to the regular
    notification procedures of the Committees on Appropriations:  Provided
    further, That funds appropriated under this heading shall be made
    available to support training and technical assistance for foreign law
    enforcement, corrections, judges, and other judicial authorities,
    utilizing regional partners:  Provided further, That of the funds
    appropriated under this heading, not less than $9,000,000 shall be made
    available, on a competitive basis, for rule of law programs for
    transitional and post-conflict states, and for activities to coordinate
    rule of law programs among foreign governments, international and
    nongovernmental organizations, and other United States Government
    agencies:  Provided further, That funds made available under this
    heading that are transferred to another department, agency, or
    instrumentality of the United States Government pursuant to section
    632(b) of the Foreign Assistance Act of 1961 valued in excess of
    $5,000,000, and any agreement made pursuant to section 632(a) of such
    Act, shall be subject to the regular notification procedures

    [[Page 136 STAT. 583]]

    of the Committees on Appropriations:  Provided further, That funds made
    available under this heading for Program Development and Support may be
    made available notwithstanding pre-obligation requirements contained in
    this Act, except for the notification requirements of section 7015.

         nonproliferation, anti-terrorism, demining and related programs

        For necessary expenses for nonproliferation, anti-terrorism,
    demining and related programs and activities, $900,000,000, to remain
    available until September 30, 2023, to carry out the provisions of
    chapter 8 of part II of the Foreign Assistance Act of 1961 for anti-
    terrorism assistance, chapter 9 of part II of the Foreign Assistance Act
    of 1961, section 504 of the FREEDOM Support Act (22 U.S.C. 5854),
    section 23 of the Arms Export Control Act (22 U.S.C. 2763), or the
    Foreign Assistance Act of 1961 for demining activities, the clearance of
    unexploded ordnance, the destruction of small arms, and related
    activities, notwithstanding any other provision of law, including
    activities implemented through nongovernmental and international
    organizations, and section 301 of the Foreign Assistance Act of 1961 for
    a United States contribution to the Comprehensive Nuclear Test Ban
    Treaty Preparatory Commission, and for a voluntary contribution to the
    International Atomic Energy Agency (IAEA):
    Provided, <<NOTE: Consultation. Notification.>>  That funds made
    available under this heading for the Nonproliferation and Disarmament
    Fund shall be made available, notwithstanding any other provision of law
    and subject to prior consultation with, and the regular notification
    procedures of, the Committees on Appropriations, to promote bilateral
    and multilateral activities relating to nonproliferation, disarmament,
    and weapons destruction, and shall remain available until expended:
    Provided further, That such funds may also be used for such countries
    other than the Independent States of the former Soviet Union and
    international organizations when it is in the national security interest
    of the United States to do so:  Provided
    further, <<NOTE: Determination. Israel.>>  That funds appropriated under
    this heading may be made available for the IAEA unless the Secretary of
    State determines that Israel is being denied its right to participate in
    the activities of that Agency:  Provided
    further, <<NOTE: Notification.>>  That funds made available for
    conventional weapons destruction programs, including demining and
    related activities, in addition to funds otherwise available for such
    purposes, may be used for administrative expenses related to the
    operation and management of such programs and activities, subject to the
    regular notification procedures of the Committees on Appropriations.

                             peacekeeping operations

        For necessary expenses to carry out the provisions of section 551 of
    the Foreign Assistance Act of 1961, $455,000,000, of which $227,500,000
    may remain available until September 30, 2023:  Provided, That funds
    appropriated under this heading may be used, notwithstanding section 660
    of the Foreign Assistance Act of 1961, to provide assistance to enhance
    the capacity of foreign civilian security forces, including gendarmes,
    to participate in peacekeeping operations:  Provided further, That of
    the funds appropriated under this heading, not less than $24,000,000
    shall be made available for a United States contribution to the
    Multinational Force and

    [[Page 136 STAT. 584]]

    Observers mission in the Sinai:  Provided further, <<NOTE: Somalia.>>
    That funds appropriated under this heading may be made available to pay
    assessed expenses of international peacekeeping activities in Somalia
    under the same terms and conditions, as applicable, as funds
    appropriated by this Act under the heading ``Contributions for
    International Peacekeeping Activities'':  Provided
    further, <<NOTE: Notification.>>  That funds appropriated under this
    heading shall be subject to the regular notification procedures of the
    Committees on Appropriations.

                       Funds Appropriated to the President

                  international military education and training

        For necessary expenses to carry out the provisions of section 541 of
    the Foreign Assistance Act of 1961, $112,925,000, of which up to
    $56,463,000 may remain available until September 30, 2023:  Provided,
    That the civilian personnel for whom military education and training may
    be provided under this heading may include civilians who are not members
    of a government whose participation would contribute to improved civil-
    military relations, civilian control of the military, or respect for
    human rights:  Provided further, That
    of <<NOTE: Consultation. Notification.>>  the funds appropriated under
    this heading, $3,000,000 shall remain available until expended to
    increase the participation of women in programs and activities funded
    under this heading, following consultation with, and the regular
    notification procedures of, the Committees on Appropriations:  Provided
    further, That of the funds appropriated under this heading, not to
    exceed $50,000 may be available for entertainment expenses.

                       foreign military financing program

        For necessary expenses for grants to enable the President to carry
    out the provisions of section 23 of the Arms Export Control Act (22
    U.S.C. 2763), $6,040,424,000:
    Provided, <<NOTE: Consultation. Notification. Contracts.>>  That to
    expedite the provision of assistance to foreign countries and
    international organizations, the Secretary of State, following
    consultation with the Committees on Appropriations and subject to the
    regular notification procedures of such Committees, may use the funds
    appropriated under this heading to procure defense articles and services
    to enhance the capacity of foreign security forces:  Provided further,
    That funds appropriated or otherwise made available under this heading
    shall be nonrepayable notwithstanding any requirement in section 23 of
    the Arms Export Control Act:  Provided further, That
    funds <<NOTE: Apportionment.>>  made available under this heading shall
    be obligated upon apportionment in accordance with paragraph (5)(C) of
    section 1501(a) of title 31, United States Code.

        None of the <<NOTE: Contracts.>>  funds made available under this
    heading shall be available to finance the procurement of defense
    articles, defense services, or design and construction services that are
    not sold by the United States Government under the Arms Export Control
    Act unless the foreign country proposing to make such procurement has
    first signed an agreement with the United States Government specifying
    the conditions under which such procurement may be financed with such
    funds:  Provided, <<NOTE: Notification.>>  That all country and funding
    level increases in allocations shall be submitted through the regular
    notification procedures of section 7015 of this Act:  Provided further,
    That funds made available under this heading may be used,
    notwithstanding any other provision of law, for demining, the clearance

    [[Page 136 STAT. 585]]

    of unexploded ordnance, and related activities, and may include
    activities implemented through nongovernmental and international
    organizations:  Provided further, That only those countries for which
    assistance was justified for the ``Foreign Military Sales Financing
    Program'' in the fiscal year 1989 congressional presentation for
    security assistance programs may utilize funds made available under this
    heading for procurement of defense articles, defense services, or design
    and construction services that are not sold by the United States
    Government under the Arms Export Control Act:  Provided further, That
    funds appropriated under this heading shall be expended at the minimum
    rate necessary to make timely payment for defense articles and
    services: <<NOTE: Notification.>>   Provided further, That not more than
    $70,000,000 of the funds appropriated under this heading may be
    obligated for necessary expenses, including the purchase of passenger
    motor vehicles for replacement only for use outside of the United
    States, for the general costs of administering military assistance and
    sales, except that this limitation may be exceeded only through the
    regular notification procedures of the Committees on Appropriations:
    Provided further, That of the funds made available under this heading
    for general costs of administering military assistance and sales, not to
    exceed $4,000 may be available for entertainment expenses and not to
    exceed $130,000 may be available for representation expenses:  Provided
    further, <<NOTE: Notification.>>  That not more than $1,186,853,000 of
    funds realized pursuant to section 21(e)(1)(A) of the Arms Export
    Control Act (22 U.S.C. 2761(e)(1)(A)) may be obligated for expenses
    incurred by the Department of Defense during fiscal year 2022 pursuant
    to section 43(b) of the Arms Export Control Act (22 U.S.C. 2792(b)),
    except that this limitation may be exceeded only through the regular
    notification procedures of the Committees on Appropriations.

                                     TITLE V

                             MULTILATERAL ASSISTANCE

                       Funds Appropriated to the President

                    international organizations and programs

        For necessary expenses to carry out the provisions of section 301 of
    the Foreign Assistance Act of 1961, $423,000,000:  Provided, That
    section 307(a) of the Foreign Assistance Act of 1961 shall not apply to
    contributions to the United Nations Democracy Fund:  Provided
    further, <<NOTE: Deadline. Consultation. Notification.>>  That not later
    than 60 days after enactment of this Act, such funds shall be made
    available for core contributions for each entity listed in the table
    under this heading in the explanatory statement described in section 4
    (in the matter preceding division A of this consolidated Act) unless
    otherwise provided for in this Act, or if the Secretary of State has
    justified to the Committees on Appropriations the proposed uses of funds
    other than for core contributions following prior consultation with, and
    subject to the regular notification procedures of, such Committees.

    [[Page 136 STAT. 586]]

                      International Financial Institutions

                           global environment facility

        For payment to the International Bank for Reconstruction and
    Development as trustee for the Global Environment Facility by the
    Secretary of the Treasury, $149,288,000, to remain available until
    expended.

                    contribution to the clean technology fund

        For contribution to the Clean Technology Fund, $125,000,000, to
    remain available until expended:  Provided, That up to $125,000,000 of
    such amount shall be available to cover costs, as defined in section 502
    of the Congressional Budget Act of 1974, of direct loans issued to the
    Clean Technology Fund:  Provided further, That such funds are available
    to subsidize gross obligations for the principal amount of direct loans
    without limitation.

         contribution to the international bank for reconstruction and
                                   development

        For payment to the International Bank for Reconstruction and
    Development by the Secretary of the Treasury for the United States share
    of the paid-in portion of the increases in capital stock, $206,500,000,
    to remain available until expended.

                  limitation on callable capital subscriptions

        The United States Governor of the International Bank for
    Reconstruction and Development may subscribe without fiscal year
    limitation to the callable capital portion of the United States share of
    increases in capital stock in an amount not to exceed $1,421,275,728.70.

            contribution to the international development association

        For payment to the International Development Association by the
    Secretary of the Treasury, $1,001,400,000, to remain available until
    expended.

                   contribution to the asian development fund

        For payment to the Asian Development Bank's Asian Development Fund
    by the Secretary of the Treasury, $53,323,000, to remain available until
    expended.

                  contribution to the african development bank

        For payment to the African Development Bank by the Secretary of the
    Treasury for the United States share of the paid-in portion of the
    increases in capital stock, $54,648,752, to remain available until
    expended.

                  limitation on callable capital subscriptions

        The United States Governor of the African Development Bank may
    subscribe without fiscal year limitation to the callable capital

    [[Page 136 STAT. 587]]

    portion of the United States share of increases in capital stock in an
    amount not to exceed $856,174,624.

                  contribution to the african development fund

        For payment to the African Development Fund by the Secretary of the
    Treasury, $211,300,000, to remain available until expended.

       contribution to the international fund for agricultural development

        For payment to the International Fund for Agricultural Development
    by the Secretary of the Treasury, $43,000,000, to remain available until
    expended.

                  global agriculture and food security program

        For payment to the Global Agriculture and Food Security Program by
    the Secretary of the Treasury, $5,000,000, to remain available until
    expended.

     contributions to the international monetary fund facilities and trust
                                      funds

        For contribution by the Secretary of the Treasury to the Poverty
    Reduction and Growth Trust or other special purpose vehicle of the
    International Monetary Fund, $102,000,000, to remain available until
    December 31, 2031.

                                    TITLE VI

                        EXPORT AND INVESTMENT ASSISTANCE

                     Export-Import Bank of the United States

                                inspector general

        For necessary expenses of the Office of Inspector General in
    carrying out the provisions of the Inspector General Act of 1978 (5
    U.S.C. App.), $6,500,000, of which up to $975,000 may remain available
    until September 30, 2023.

                                 program account

        The Export-Import <<NOTE: Contracts.>>  Bank of the United States is
    authorized to make such expenditures within the limits of funds and
    borrowing authority available to such corporation, and in accordance
    with law, and to make such contracts and commitments without regard to
    fiscal year limitations, as provided by section 9104 of title 31, United
    States Code, as may be necessary in carrying out the program for the
    current fiscal year for such corporation:  Provided, That none of the
    funds available during the current fiscal year may be used to make
    expenditures, contracts, or commitments for the export of nuclear
    equipment, fuel, or technology to any country, other than a nuclear-
    weapon state as defined in Article IX of the Treaty on the Non-
    Proliferation of Nuclear Weapons eligible to receive economic or
    military assistance under this Act, that has detonated a nuclear
    explosive after the date of enactment of this Act.

    [[Page 136 STAT. 588]]

                             administrative expenses

        For administrative expenses to carry out the direct and guaranteed
    loan and insurance programs, including hire of passenger motor vehicles
    and services as authorized by section 3109 of title 5, United States
    Code, and not to exceed $30,000 for official reception and
    representation expenses for members of the Board of Directors, not to
    exceed $114,000,000, of which up to $17,100,000 may remain available
    until September 30, 2023:  Provided, That the Export-Import Bank (the
    Bank) may accept, and use, payment or services provided by transaction
    participants for legal, financial, or technical services in connection
    with any transaction for which an application for a loan, guarantee or
    insurance commitment has been made:  Provided
    further, <<NOTE: Extension. 12 USC 635a note.>>  That notwithstanding
    subsection (b) of section 117 of the Export Enhancement Act of 1992,
    subsection (a) of such section shall remain in effect until September
    30, 2022:  Provided further, <<NOTE: Fees.>>  That the Bank shall charge
    fees for necessary expenses (including special services performed on a
    contract or fee basis, but not including other personal services) in
    connection with the collection of moneys owed the Bank, repossession or
    sale of pledged collateral or other assets acquired by the Bank in
    satisfaction of moneys owed the Bank, or the investigation or appraisal
    of any property, or the evaluation of the legal, financial, or technical
    aspects of any transaction for which an application for a loan,
    guarantee or insurance commitment has been made, or systems
    infrastructure directly supporting transactions:  Provided further, That
    in addition to other funds appropriated for administrative expenses,
    such fees shall be credited to this account for such purposes, to remain
    available until expended.

                          program budget appropriations

        For the cost of direct loans, loan guarantees, insurance, and tied-
    aid grants as authorized by section 10 of the Export-Import Bank Act of
    1945, as amended, not to exceed $5,000,000, to remain available until
    September 30, 2025:  Provided, That such costs, including the cost of
    modifying such loans, shall be as defined in section 502 of the
    Congressional Budget Act of 1974:  Provided
    further, <<NOTE: Disbursement. Loans. Time periods.>>  That such funds
    shall remain available until September 30, 2037, for the disbursement of
    direct loans, loan guarantees, insurance and tied-aid grants obligated
    in fiscal years 2022, 2023, 2024, and 2025.

                               receipts collected

        Receipts collected pursuant to the Export-Import Bank Act of 1945
    (Public Law 79-173) and the Federal Credit Reform Act of 1990, in an
    amount not to exceed the amount appropriated herein, shall be credited
    as offsetting collections to this account:  Provided, That the sums
    herein appropriated from the General Fund shall be reduced on a dollar-
    for-dollar basis by such offsetting collections so as to result in a
    final fiscal year appropriation from the General Fund estimated at $0.

    [[Page 136 STAT. 589]]

           United States International Development Finance Corporation

                                inspector general

        For necessary expenses of the Office of Inspector General in
    carrying out the provisions of the Inspector General Act of 1978 (5
    U.S.C. App.), $2,800,000, to remain available until September 30, 2023.

                            corporate capital account

        The United States International Development Finance Corporation (the
    Corporation) is authorized to make such expenditures and commitments
    within the limits of funds and borrowing authority available to the
    Corporation, and in accordance with the law, and to make such
    expenditures and commitments without regard to fiscal year limitations,
    as provided by section 9104 of title 31, United States Code, as may be
    necessary in carrying out the programs for the current fiscal year for
    the Corporation:  Provided, That for necessary expenses of the
    activities described in subsections (b), (c), (e), (f), and (g) of
    section 1421 of the BUILD Act of 2018 (division F of Public Law 115-254)
    and for administrative expenses to carry out authorized activities and
    project-specific transaction costs described in section 1434(d) of such
    Act, $698,000,000:  Provided further, That of the amount provided--
                (1) $198,000,000 shall remain available until September 30,
            2024, for administrative expenses to carry out authorized
            activities (including an amount for official reception and
            representation expenses which shall not exceed $25,000) and
            project-specific transaction costs as described in section
            1434(k) of such Act, of which $1,000,000 shall remain available
            until September 30, 2026;
                (2) $500,000,000 shall remain available until September 30,
            2024, for the activities described in subsections (b), (c), (e),
            (f), and (g) of section 1421 of the BUILD Act of 2018, except
            such amounts obligated in a fiscal year for activities described
            in section 1421(c) of such Act shall remain available for
            disbursement for the term of the underlying project:  Provided
            further, <<NOTE: Time period. Notification.>>  That if the term
            of the project extends longer than 10 fiscal years, the Chief
            Executive Officer of the Corporation shall inform the
            appropriate congressional committees prior to the obligation or
            disbursement of funds, as applicable:  Provided further, That
            amounts made available under this paragraph may be paid to the
            ``United States International Development Finance Corporation--
            Program Account'' for programs authorized by subsections (b),
            (e), (f), and (g) of section 1421 of the BUILD Act of 2018:

      Provided further, <<NOTE: Consultation. Notification.>>  That funds
    may only be obligated pursuant to section 1421(g) of the BUILD Act of
    2018 subject to prior consultation with the appropriate congressional
    committees and the regular notification procedures of the Committees on
    Appropriations:  Provided further, <<NOTE: Collections.>>  That in
    fiscal year 2022 collections of amounts described in section 1434(h) of
    the BUILD Act of 2018 shall be credited as offsetting collections to
    this appropriation:  Provided further, That such collections collected
    in fiscal year 2022 in excess of $698,000,000 shall be credited to this
    account and shall be available in future fiscal years only to the extent
    provided in

    [[Page 136 STAT. 590]]

    advance in appropriations Acts:  Provided further, That in fiscal year
    2022, if such collections are less than $698,000,000, receipts collected
    pursuant to the BUILD Act of 2018 and the Federal Credit Reform Act of
    1990, in an amount equal to such shortfall, shall be credited as
    offsetting collections to this appropriation:  Provided further, That
    funds appropriated or otherwise made available under this heading may
    not be used to provide any type of assistance that is otherwise
    prohibited by any other provision of law or to provide assistance to any
    foreign country that is otherwise prohibited by any other provision of
    law:  Provided further, That the <<NOTE: Reduction.>>  sums herein
    appropriated from the General Fund shall be reduced on a dollar-for-
    dollar basis by the offsetting collections described under this heading
    so as to result in a final fiscal year appropriation from the General
    Fund estimated at $316,000,000.

                                 program account

        Amounts <<NOTE: Time period.>> paid from ``United States
    International Development Finance Corporation--Corporate Capital
    Account'' (CCA) shall remain available until September 30, 2024:
    Provided, That up to $550,000,000 of amounts paid to this account from
    CCA or transferred to this account pursuant to section 1434(j) of the
    BUILD Act of 2018 (division F of Public Law 115-254) shall be available
    for the costs of direct and guaranteed loans provided by the Corporation
    pursuant to section 1421(b) of such Act and the costs of modifying loans
    and loan guarantees transferred to the Corporation pursuant to section
    1463 of such Act:  Provided further, That such costs, including the cost
    of modifying such loans, shall be as defined in section 502 of the
    Congressional Budget Act of 1974:  Provided
    further, <<NOTE: Disbursements. Time period.>>  That such amounts
    obligated in a fiscal year shall remain available for disbursement for
    the following 8 fiscal years:  Provided further, <<NOTE: Time period.>>
    That funds made available in this Act and transferred to carry out the
    Foreign Assistance Act of 1961 pursuant to section 1434(j) of the BUILD
    Act of 2018 may remain available for obligation for 1 additional fiscal
    year:  Provided further, That the total loan principal or guaranteed
    principal amount shall not exceed $8,000,000,000.

                          trade and development agency

        For <<NOTE: Time period.>>  necessary expenses to carry out the
    provisions of section 661 of the Foreign Assistance Act of 1961,
    $79,500,000, to remain available until September 30, 2023, of which no
    more than $19,000,000 may be used for administrative expenses:
    Provided, That of the funds appropriated under this heading, not more
    than $5,000 may be available for representation and entertainment
    expenses.

                                    TITLE VII

                               GENERAL PROVISIONS

                          allowances and differentials

        Sec. 7001.  Funds appropriated under title I of this Act shall be
    available, except as otherwise provided, for allowances and
    differentials as authorized by subchapter 59 of title 5, United States
    Code; for services as authorized by section 3109 of such title and

    [[Page 136 STAT. 591]]

    for hire of passenger transportation pursuant to section 1343(b) of
    title 31, United States Code.

                           unobligated balances report

        Sec. 7002.  <<NOTE: Time period. Records.>>  Any department or
    agency of the United States Government to which funds are appropriated
    or otherwise made available by this Act shall provide to the Committees
    on Appropriations a quarterly accounting of cumulative unobligated
    balances and obligated, but unexpended, balances by program, project,
    and activity, and Treasury Account Fund Symbol of all funds received by
    such department or agency in fiscal year 2022 or any previous fiscal
    year, disaggregated by fiscal year:  Provided, That the report required
    by this section shall be submitted not later than 30 days after the end
    of each fiscal quarter and should specify by account the amount of funds
    obligated pursuant to bilateral agreements which have not been further
    sub-obligated.

                               consulting services

        Sec. 7003.  <<NOTE: Contracts.>>  The expenditure of any
    appropriation under title I of this Act for any consulting service
    through procurement contract, pursuant to section 3109 of title 5,
    United States Code, shall be limited to those contracts where such
    expenditures are a matter of public record and available for public
    inspection, except where otherwise provided under existing law, or under
    existing Executive order issued pursuant to existing law.

                              diplomatic facilities

        Sec. 7004. (a) Capital Security Cost Sharing Exception.--
    Notwithstanding paragraph (2) of section 604(e) of the Secure Embassy
    Construction and Counterterrorism Act of 1999 (title VI of division A of
    H.R. 3427, as enacted into law by section 1000(a)(7) of Public Law 106-
    113 and contained in appendix G of that Act), as amended by section 111
    of the Department of State Authorities Act, Fiscal Year 2017 (Public Law
    114-323), a project to construct a facility of the United States may
    include office space or other accommodations for members of the United
    States Marine Corps.
        (b) <<NOTE: Consultation. Determination.>>  New Diplomatic
    Facilities.--For the purposes of calculating the fiscal year 2022 costs
    of providing new United States diplomatic facilities in accordance with
    section 604(e) of the Secure Embassy Construction and Counterterrorism
    Act of 1999 (22 U.S.C. 4865 note), the Secretary of State, in
    consultation with the Director of the Office of Management and Budget,
    shall determine the annual program level and agency shares in a manner
    that is proportional to the contribution of the Department of State for
    this purpose.

        (c) Consultation and Notification.--Funds appropriated by this Act
    and prior Acts making appropriations for the Department of State,
    foreign operations, and related programs, which may be made available
    for the acquisition of property or award of construction contracts for
    overseas United States diplomatic facilities during fiscal year 2022,
    shall be subject to prior consultation with, and the regular
    notification procedures of, the Committees on Appropriations:  Provided,
    That notifications pursuant to this subsection shall include the
    information enumerated under the heading ``Embassy Security,
    Construction, and Maintenance'' in House Report 117-84.

    [[Page 136 STAT. 592]]

        (d) Interim and Temporary Facilities Abroad.--
                (1) <<NOTE: Consultation.>>  Security vulnerabilities.--
            Funds appropriated by this Act under the heading ``Embassy
            Security, Construction, and Maintenance'' may be made available,
            following consultation with the appropriate congressional
            committees, to address security vulnerabilities at interim and
            temporary United States diplomatic facilities abroad, including
            physical security upgrades and local guard staffing.
                (2) <<NOTE: Notification. Waiver authority.>>
            Consultation.--Notwithstanding any other provision of law, the
            opening, closure, or any significant modification to an interim
            or temporary United States diplomatic facility shall be subject
            to prior consultation with the appropriate congressional
            committees and the regular notification procedures of the
            Committees on Appropriations, except that such consultation and
            notification may be waived if there is a security risk to
            personnel.

        (e) Soft Targets.--Funds appropriated by this Act under the heading
    ``Embassy Security, Construction, and Maintenance'' may be made
    available for security upgrades to soft targets, including schools,
    recreational facilities, and residences used by United States diplomatic
    personnel and their dependents.

                                personnel actions

        Sec. 7005.  Any costs incurred by a department or agency funded
    under title I of this Act resulting from personnel actions taken in
    response to funding reductions included in this Act shall be absorbed
    within the total budgetary resources available under title I to such
    department or agency:  Provided, That the authority to transfer funds
    between appropriations accounts as may be necessary to carry out this
    section is provided in addition to authorities included elsewhere in
    this Act:  Provided further, That use of funds to carry out this section
    shall be treated as a reprogramming of funds under section 7015 of this
    Act.

                     prohibition on publicity or propaganda

        Sec. 7006.  No part of any appropriation contained in this Act shall
    be used for publicity or propaganda purposes within the United States
    not authorized before enactment of this Act by Congress:  Provided, That
    up to $25,000 may be made available to carry out the provisions of
    section 316 of the International Security and Development Cooperation
    Act of 1980 (Public Law 96-533; 22 U.S.C. 2151a note).

            prohibition against direct funding for certain countries

        Sec. 7007.  <<NOTE: Cuba. North Korea. Iran. Syria.>>  None of the
    funds appropriated or otherwise made available pursuant to titles III
    through VI of this Act shall be obligated or expended to finance
    directly any assistance or reparations for the governments of Cuba,
    North Korea, Iran, or Syria:  Provided, That for purposes of this
    section, the prohibition on obligations or expenditures shall include
    direct loans, credits, insurance, and guarantees of the Export-Import
    Bank or its agents.

    [[Page 136 STAT. 593]]

                                  coups d'etat

        Sec. 7008.  None of the funds appropriated or otherwise made
    available pursuant to titles III through VI of this Act shall be
    obligated or expended to finance directly any assistance to the
    government of any country whose duly elected head of government is
    deposed by military coup d'etat or decree or, after the date of
    enactment of this Act, a coup d'etat or decree in which the military
    plays a decisive role:  Provided, <<NOTE: Certification. Reports.>>
    That assistance may be resumed to such government if the Secretary of
    State certifies and reports to the appropriate congressional committees
    that subsequent to the termination of assistance a democratically
    elected government has taken office:  Provided further, That the
    provisions of this section shall not apply to assistance to promote
    democratic elections or public participation in democratic processes:
    Provided further, <<NOTE: Notification.>>  That funds made available
    pursuant to the previous provisos shall be subject to the regular
    notification procedures of the Committees on Appropriations.

                           transfer of funds authority

        Sec. 7009. (a) Department of State and United States Agency for
    Global Media.--
                (1) Department of state.--
                        (A) In general.--Not to exceed 5 percent of any
                    appropriation made available for the current fiscal year
                    for the Department of State under title I of this Act
                    may be transferred between, and merged with, such
                    appropriations, but no such appropriation, except as
                    otherwise specifically provided, shall be increased by
                    more than 10 percent by any such transfers, and no such
                    transfer may be made to increase the appropriation under
                    the heading ``Representation Expenses''.

                    (B) <<NOTE: Determination. Reports. Consultation. Notific
                    ation.>>  Embassy security.--Funds appropriated under
                    the headings ``Diplomatic Programs'', including for
                    Worldwide Security Protection, ``Embassy Security,
                    Construction, and Maintenance'', and ``Emergencies in
                    the Diplomatic and Consular Service'' in this Act may be
                    transferred to, and merged with, funds appropriated
                    under such headings if the Secretary of State determines
                    and reports to the Committees on Appropriations that to
                    do so is necessary to implement the recommendations of
                    the Benghazi Accountability Review Board, for emergency
                    evacuations, or to prevent or respond to security
                    situations and requirements, following consultation
                    with, and subject to the regular notification procedures
                    of, such Committees:  Provided, That such transfer
                    authority is in addition to any transfer authority
                    otherwise available in this Act and under any other
                    provision of law.
                (2) United states agency for global media.--Not to exceed 5
            percent of any appropriation made available for the current
            fiscal year for the United States Agency for Global Media under
            title I of this Act may be transferred between, and merged with,
            such appropriations, but no such appropriation, except as
            otherwise specifically provided, shall be increased by more than
            10 percent by any such transfers.
                (3) Treatment as reprogramming.--Any transfer pursuant to
            this subsection shall be treated as a reprogramming

    [[Page 136 STAT. 594]]

            of funds under section 7015 of this Act and shall not be
            available for obligation or expenditure except in compliance
            with the procedures set forth in that section.

        (b) Limitation on Transfers of Funds Between Agencies.--
                (1) In general.--None of the funds made available under
            titles II through V of this Act may be transferred to any
            department, agency, or instrumentality of the United States
            Government, except pursuant to a transfer made by, or transfer
            authority provided in, this Act or any other appropriations Act.
                (2) Allocation and transfers.--Notwithstanding paragraph
            (1), in addition to transfers made by, or authorized elsewhere
            in, this Act, funds appropriated by this Act to carry out the
            purposes of the Foreign Assistance Act of 1961 may be allocated
            or transferred to agencies of the United States Government
            pursuant to the provisions of sections 109, 610, and 632 of the
            Foreign Assistance Act of 1961, and section 1434(j) of the BUILD
            Act of 2018 (division F of Public Law 115-254).
                (3) <<NOTE: Contracts.>>  Notification.--Any agreement
            entered into by the United States Agency for International
            Development or the Department of State with any department,
            agency, or instrumentality of the United States Government
            pursuant to section 632(b) of the Foreign Assistance Act of 1961
            valued in excess of $1,000,000 and any agreement made pursuant
            to section 632(a) of such Act, with funds appropriated by this
            Act or prior Acts making appropriations for the Department of
            State, foreign operations, and related programs under the
            headings ``Global Health Programs'', ``Development Assistance'',
            ``Economic Support Fund'', and ``Assistance for Europe, Eurasia
            and Central Asia'' shall be subject to the regular notification
            procedures of the Committees on Appropriations:  Provided, That
            the requirement in the previous sentence shall not apply to
            agreements entered into between USAID and the Department of
            State.

        (c) United States International Development Finance Corporation.--
                (1) Limitation.--Amounts transferred pursuant to section
            1434(j) of the BUILD Act of 2018 (division F of Public Law 115-
            254) may only be transferred from funds made available under
            title III of this Act, and such amounts shall not exceed
            $50,000,000:  Provided, <<NOTE: Consultation. Notification.>>
            That any such transfers shall be subject to prior consultation
            with, and the regular notification procedures of, the Committees
            on Appropriations:  Provided further, That
            the <<NOTE: Coordination.>>  Secretary of State, the
            Administrator of the United States Agency for International
            Development, and the Chief Executive Officer of the United
            States International Development Finance Corporation (the
            Corporation), as appropriate, shall ensure that the programs
            funded by such transfers are coordinated with, and complement,
            foreign assistance programs implemented by the Department of
            State and USAID:  Provided further, That no funds transferred
            pursuant to such authority may be used by the Corporation to
            post personnel abroad or for activities described in section
            1421(c) of the BUILD Act of 2018:  Provided further, That funds
            appropriated by this Act or prior Acts making appropriations for
            the Department of State, foreign operations, and related
            programs to implement

    [[Page 136 STAT. 595]]

            the Nita M. Lowey Middle East Partnership for Peace Act shall be
            excluded from the limitation contained in this paragraph and in
            section 7009(c) of the Department of State, Foreign Operations,
            and Related Programs Appropriations Act, 2021 (division K of
            Public Law 116-260).
                (2) Transfer of funds from millennium challenge
            corporation.--Funds appropriated under the heading ``Millennium
            Challenge Corporation'' in this Act or prior Acts making
            appropriations for the Department of State, foreign operations,
            and related programs may be transferred to accounts under the
            heading ``United States International Development Finance
            Corporation'' and, when so transferred, may be used for the
            costs of activities described in subsections (b) and (c) of
            section 1421 of the BUILD Act of 2018:  Provided, That such
            funds shall be subject to the limitations provided in the
            second, third, and fifth provisos under the heading ``United
            States International Development Finance Corporation--Program
            Account'' in this Act:  Provided further, That any transfer
            executed pursuant to the transfer authority provided in this
            paragraph shall not exceed 10 percent of an individual Compact
            awarded pursuant to section 609(a) of the Millennium Challenge
            Act of 2003 (Title VI of Public Law 108-199):  Provided further,
            That such funds shall not be available for administrative
            expenses of the United States International Development Finance
            Corporation:  Provided
            further, <<NOTE: Consultation. Notification.>>  That such
            authority shall be subject to prior consultation with, and the
            regular notification procedures of, the Committees on
            Appropriations:  Provided further, That such transfers shall be
            excluded from the limitation under paragraph (1):  Provided
            further, That the transfer authority provided in this section is
            in addition to any other transfer authority provided by law:
            Provided further, <<NOTE: Deadline. Notification.>>  That within
            60 days of the termination in whole or in part of the Compact
            from which funds were transferred under this authority to the
            United States International Development Finance Corporation, any
            unobligated balances shall be transferred back to the Millennium
            Challenge Corporation, subject to the regular notification
            procedures of the Committees on Appropriations.

        (d) Transfer of Funds Between
    Accounts. <<NOTE: President. Deadline. Consultation. Policy
    justification.>> --None of the funds made available under titles II
    through V of this Act may be obligated under an appropriations account
    to which such funds were not appropriated, except for transfers
    specifically provided for in this Act, unless the President, not less
    than 5 days prior to the exercise of any authority contained in the
    Foreign Assistance Act of 1961 to transfer funds, consults with and
    provides a written policy justification to the Committees on
    Appropriations.

        (e) Audit of Inter-Agency Transfers of Funds.--Any agreement for the
    transfer or allocation of funds appropriated by this Act or prior Acts
    making appropriations for the Department of State, foreign operations,
    and related programs entered into between the Department of State or
    USAID and another agency of the United States Government under the
    authority of section 632(a) of the Foreign Assistance Act of 1961, or
    any comparable provision of law, shall expressly provide that the
    Inspector General (IG) for the agency receiving the transfer or
    allocation of such funds, or other entity with audit responsibility if
    the receiving agency does not have an IG, shall perform periodic program
    and

    [[Page 136 STAT. 596]]

    financial audits of the use of such funds and report to the Department
    of State or USAID, as appropriate, upon completion of such audits:
    Provided, That such audits shall be transmitted to the Committees on
    Appropriations by the Department of State or USAID, as appropriate:
    Provided further, That funds transferred under such authority may be
    made available for the cost of such audits.

                 prohibition and limitation on certain expenses

        Sec. 7010. (a) First-Class Travel.--None of the funds made available
    by this Act may be used for first-class travel by employees of United
    States Government departments and agencies funded by this Act in
    contravention of section 301-10.122 through 301-10.124 of title 41, Code
    of Federal Regulations.
        (b) <<NOTE: Pornography.>>  Computer Networks.--None of the funds
    made available by this Act for the operating expenses of any United
    States Government department or agency may be used to establish or
    maintain a computer network for use by such department or agency unless
    such network has filters designed to block access to sexually explicit
    websites:  Provided, That nothing in this subsection shall limit the use
    of funds necessary for any Federal, State, tribal, or local law
    enforcement agency, or any other entity carrying out the following
    activities: criminal investigations, prosecutions, and adjudications;
    administrative discipline; and the monitoring of such websites
    undertaken as part of official business.

        (c) Prohibition on Promotion of Tobacco.--None of the funds made
    available by this Act shall be available to promote the sale or export
    of tobacco or tobacco products (including electronic nicotine delivery
    systems), or to seek the reduction or removal by any foreign country of
    restrictions on the marketing of tobacco or tobacco products (including
    electronic nicotine delivery systems), except for restrictions which are
    not applied equally to all tobacco or tobacco products (including
    electronic nicotine delivery systems) of the same type.
        (d) Email Servers Outside the .gov Domain.--None of the funds
    appropriated by this Act under the headings ``Diplomatic Programs'' and
    ``Capital Investment Fund'' in title I, and ``Operating Expenses'' and
    ``Capital Investment Fund'' in title II that are made available to the
    Department of State and the United States Agency for International
    Development may be made available to support the use or establishment of
    email accounts or email servers created outside the .gov domain or not
    fitted for automated records management as part of a Federal government
    records management program in contravention of the Presidential and
    Federal Records Act Amendments of 2014 (Public Law 113-187).
        (e) Representation and Entertainment Expenses.--Each Federal
    department, agency, or entity funded in titles I or II of this Act, and
    the Department of the Treasury and independent agencies funded in titles
    III or VI of this Act, shall take steps to ensure that domestic and
    overseas representation and entertainment expenses further official
    agency business and United States foreign policy interests, and--
                (1) are primarily for fostering relations outside of the
            Executive Branch;
                (2) are principally for meals and events of a protocol
            nature;
                (3) are not for employee-only events; and

    [[Page 136 STAT. 597]]

                (4) do not include activities that are substantially of a
            recreational character.

        (f) Limitations on Entertainment Expenses.--None of the funds
    appropriated or otherwise made available by this Act under the headings
    ``International Military Education and Training'' or ``Foreign Military
    Financing Program'' for Informational Program activities or under the
    headings ``Global Health Programs'', ``Development Assistance'',
    ``Economic Support Fund'', and ``Assistance for Europe, Eurasia and
    Central Asia'' may be obligated or expended to pay for--
                (1) alcoholic beverages; or
                (2) entertainment expenses for activities that are
            substantially of a recreational character, including entrance
            fees at sporting events, theatrical and musical productions, and
            amusement parks.

                              availability of funds

        Sec. 7011.  <<NOTE: Time period.>>  No part of any appropriation
    contained in this Act shall remain available for obligation after the
    expiration of the current fiscal year unless expressly so provided by
    this Act:  Provided, That funds appropriated for the purposes of
    chapters 1 and 8 of part I, section 661, chapters 4, 5, 6, 8, and 9 of
    part II of the Foreign Assistance Act of 1961, section 23 of the Arms
    Export Control Act (22 U.S.C. 2763), and funds made available for
    ``United States International Development Finance Corporation'' and
    under the heading ``Assistance for Europe, Eurasia and Central Asia''
    shall remain available for an additional 4 years from the date on which
    the availability of such funds would otherwise have expired, if such
    funds are initially obligated before the expiration of their respective
    periods of availability contained in this Act:  Provided further, That
    notwithstanding any other provision of this Act, any funds made
    available for the purposes of chapter 1 of part I and chapter 4 of part
    II of the Foreign Assistance Act of 1961 which are allocated or
    obligated for cash disbursements in order to address balance of payments
    or economic policy reform objectives, shall remain available for an
    additional 4 years from the date on which the availability of such funds
    would otherwise have expired, if such funds are initially allocated or
    obligated before the expiration of their respective periods of
    availability contained in this Act:  Provided
    further, <<NOTE: Reports.>>  That the Secretary of State and the
    Administrator of the United States Agency for International Development
    shall provide a report to the Committees on Appropriations not later
    than October 31, 2022, detailing by account and source year, the use of
    this authority during the previous fiscal year.

                limitation on assistance to countries in default

        Sec. 7012.  <<NOTE: Time
    period. Loans. President. Determination. Consultation.>>  No part of any
    appropriation provided under titles III through VI in this Act shall be
    used to furnish assistance to the government of any country which is in
    default during a period in excess of 1 calendar year in payment to the
    United States of principal or interest on any loan made to the
    government of such country by the United States pursuant to a program
    for which funds are appropriated under this Act unless the President

    [[Page 136 STAT. 598]]

    determines, following consultation with the Committees on
    Appropriations, that assistance for such country is in the national
    interest of the United States.

               prohibition on taxation of united states assistance

        Sec. 7013. <<NOTE: Negotiation.>>  (a) Prohibition on Taxation.--
    None of the funds appropriated under titles III through VI of this Act
    may be made available to provide assistance for a foreign country under
    a new bilateral agreement governing the terms and conditions under which
    such assistance is to be provided unless such agreement includes a
    provision stating that assistance provided by the United States shall be
    exempt from taxation, or reimbursed, by the foreign government, and the
    Secretary of State and the Administrator of the United States Agency for
    International Development shall expeditiously seek to negotiate
    amendments to existing bilateral agreements, as necessary, to conform
    with this requirement.

        (b) <<NOTE: Deadline.>>  Notification and Reimbursement of Foreign
    Taxes.--An amount equivalent to 200 percent of the total taxes assessed
    during fiscal year 2022 on funds appropriated by this Act and prior Acts
    making appropriations for the Department of State, foreign operations,
    and related programs by a foreign government or entity against United
    States assistance programs, either directly or through grantees,
    contractors, and subcontractors, shall be withheld from obligation from
    funds appropriated for assistance for fiscal year 2023 and for prior
    fiscal years and allocated for the central government of such country or
    for the West Bank and Gaza program, as applicable, if, not later than
    September 30, 2023, such taxes have not been reimbursed.

        (c) De Minimis Exception.--Foreign taxes of a de minimis nature
    shall not be subject to the provisions of subsection (b).
        (d) Reprogramming of Funds.--Funds withheld from obligation for each
    foreign government or entity pursuant to subsection (b) shall be
    reprogrammed for assistance for countries which do not assess taxes on
    United States assistance or which have an effective arrangement that is
    providing substantial reimbursement of such taxes, and that can
    reasonably accommodate such assistance in a programmatically responsible
    manner.
        (e) Determinations.--
                (1) <<NOTE: Assessments. Reports.>>  In general.--The
            provisions of this section shall not apply to any foreign
            government or entity that assesses such taxes if the Secretary
            of State reports to the Committees on Appropriations that--
                        (A) such foreign government or entity has an
                    effective arrangement that is providing substantial
                    reimbursement of such taxes; or
                        (B) the foreign policy interests of the United
                    States outweigh the purpose of this section to ensure
                    that United States assistance is not subject to
                    taxation.
                (2) <<NOTE: Time period.>>  Consultation.--The Secretary of
            State shall consult with the Committees on Appropriations at
            least 15 days prior to exercising the authority of this
            subsection with regard to any foreign government or entity.

        (f) <<NOTE: Regulations. Guidance.>>  Implementation.--The Secretary
    of State shall issue and update rules, regulations, or policy guidance,
    as appropriate, to implement the prohibition against the taxation of
    assistance contained in this section.

    [[Page 136 STAT. 599]]

        (g) Definitions.--As used in this section:
                (1) Bilateral agreement.--The term ``bilateral agreement''
            refers to a framework bilateral agreement between the Government
            of the United States and the government of the country receiving
            assistance that describes the privileges and immunities
            applicable to United States foreign assistance for such country
            generally, or an individual agreement between the Government of
            the United States and such government that describes, among
            other things, the treatment for tax purposes that will be
            accorded the United States assistance provided under that
            agreement.
                (2) Taxes and taxation.--The term ``taxes and taxation''
            shall include value added taxes and customs duties but shall not
            include individual income taxes assessed to local staff.

                              reservations of funds

        Sec. 7014. (a) Reprogramming.--Funds appropriated under titles III
    through VI of this Act which are specifically designated may be
    reprogrammed for other programs within the same account notwithstanding
    the designation if compliance with the designation is made impossible by
    operation of any provision of this or any other Act:
    Provided, <<NOTE: Notification.>>  That any such reprogramming shall be
    subject to the regular notification procedures of the Committees on
    Appropriations:  Provided further, That assistance that is reprogrammed
    pursuant to this subsection shall be made available under the same terms
    and conditions as originally provided.

        (b) Extension of Availability. <<NOTE: Determination. Reports.>> --
    In addition to the authority contained in subsection (a), the original
    period of availability of funds appropriated by this Act and
    administered by the Department of State or the United States Agency for
    International Development that are specifically designated for
    particular programs or activities by this or any other Act may be
    extended for an additional fiscal year if the Secretary of State or the
    USAID Administrator, as appropriate, determines and reports promptly to
    the Committees on Appropriations that the termination of assistance to a
    country or a significant change in circumstances makes it unlikely that
    such designated funds can be obligated during the original period of
    availability:  Provided, That such designated funds that continue to be
    available for an additional fiscal year shall be obligated only for the
    purpose of such designation.

        (c) Other Acts.--Ceilings and specifically designated funding levels
    contained in this Act shall not be applicable to funds or authorities
    appropriated or otherwise made available by any subsequent Act unless
    such Act specifically so directs:  Provided, That specifically
    designated funding levels or minimum funding requirements contained in
    any other Act shall not be applicable to funds appropriated by this Act.

                            notification requirements

        Sec. 7015. <<NOTE: Deadlines.>> (a) Notification of Changes in
    Programs, Projects, and Activities.--None of the funds made available in
    titles I, II, and VI, and under the headings ``Peace Corps'' and
    ``Millennium Challenge Corporation'', of this Act or prior Acts making
    appropriations for the Department of State, foreign operations, and
    related programs to the departments and agencies funded by this Act that
    remain available for obligation in fiscal

    [[Page 136 STAT. 600]]

    year 2022, or provided from any accounts in the Treasury of the United
    States derived by the collection of fees or of currency reflows or other
    offsetting collections, or made available by transfer, to the
    departments and agencies funded by this Act, shall be available for
    obligation to--
                (1) create new programs;
                (2) suspend or eliminate a program, project, or activity;
                (3) close, suspend, open, or reopen a mission or post;
                (4) create, close, reorganize, downsize, or rename bureaus,
            centers, or offices; or
                (5) contract out or privatize any functions or activities
            presently performed by Federal employees;

    unless previously justified to the Committees on Appropriations or such
    Committees are notified 15 days in advance of such obligation.
        (b) Notification of Reprogramming of Funds.--None of the funds
    provided under titles I, II, and VI of this Act or prior Acts making
    appropriations for the Department of State, foreign operations, and
    related programs, to the departments and agencies funded under such
    titles that remain available for obligation in fiscal year 2022, or
    provided from any accounts in the Treasury of the United States derived
    by the collection of fees available to the department and agency funded
    under title I of this Act, shall be available for obligation or
    expenditure for programs, projects, or activities through a
    reprogramming of funds in excess of $1,000,000 or 10 percent, whichever
    is less, that--
                (1) augments or changes existing programs, projects, or
            activities;
                (2) relocates an existing office or employees;
                (3) reduces by 10 percent funding for any existing program,
            project, or activity, or numbers of personnel by 10 percent as
            approved by Congress; or
                (4) results from any general savings, including savings from
            a reduction in personnel, which would result in a change in
            existing programs, projects, or activities as approved by
            Congress;

    unless the Committees on Appropriations are notified 15 days in advance
    of such reprogramming of funds.
        (c) Notification Requirement.--None of the funds made available by
    this Act under the headings ``Global Health Programs'', ``Development
    Assistance'', ``Economic Support Fund'', ``Democracy Fund'',
    ``Assistance for Europe, Eurasia and Central Asia'', ``Peace Corps'',
    ``Millennium Challenge Corporation'', ``International Narcotics Control
    and Law Enforcement'', ``Nonproliferation, Anti-terrorism, Demining and
    Related Programs'', ``Peacekeeping Operations'', ``International
    Military Education and Training'', ``Foreign Military Financing
    Program'', ``International Organizations and Programs'', ``United States
    International Development Finance Corporation'', and ``Trade and
    Development Agency'' shall be available for obligation for programs,
    projects, activities, type of materiel assistance, countries, or other
    operations not justified or in excess of the amount justified to the
    Committees on Appropriations for obligation under any of these specific
    headings unless the Committees on Appropriations are notified 15 days in
    advance of such obligation:  Provided, <<NOTE: President.>>  That the
    President shall not enter into any commitment of funds appropriated for
    the purposes of section 23 of the Arms Export Control Act for the
    provision of major defense

    [[Page 136 STAT. 601]]

    equipment, other than conventional ammunition, or other major defense
    items defined to be aircraft, ships, missiles, or combat vehicles, not
    previously justified to Congress or 20 percent in excess of the
    quantities justified to Congress unless the Committees on Appropriations
    are notified 15 days in advance of such commitment:  Provided further,
    That requirements of this subsection or any similar provision of this or
    any other Act shall not apply to any reprogramming for a program,
    project, or activity for which funds are appropriated under titles III
    through VI of this Act of less than 10 percent of the amount previously
    justified to Congress for obligation for such program, project, or
    activity for the current fiscal year:  Provided further, That any
    notification submitted pursuant to subsection (f) of this section shall
    include information (if known on the date of transmittal of such
    notification) on the use of notwithstanding authority.

        (d) Department of Defense Programs and Funding Notifications.--
                (1) Programs. <<NOTE: Consultation.>> --None of the funds
            appropriated by this Act or prior Acts making appropriations for
            the Department of State, foreign operations, and related
            programs may be made available to support or continue any
            program initially funded under any authority of title 10, United
            States Code, or any Act making or authorizing appropriations for
            the Department of Defense, unless the Secretary of State, in
            consultation with the Secretary of Defense and in accordance
            with the regular notification procedures of the Committees on
            Appropriations, submits a justification to such Committees that
            includes a description of, and the estimated costs associated
            with, the support or continuation of such program.
                (2) Funding.--Notwithstanding any other provision of law,
            funds transferred by the Department of Defense to the Department
            of State and the United States Agency for International
            Development for assistance for foreign countries and
            international organizations shall be subject to the regular
            notification procedures of the Committees on Appropriations.
                (3) Notification on excess defense articles.--Prior to
            providing excess Department of Defense articles in accordance
            with section 516(a) of the Foreign Assistance Act of 1961, the
            Department of Defense shall notify the Committees on
            Appropriations to the same extent and under the same conditions
            as other committees pursuant to subsection (f) of that section:
            Provided, That before issuing a letter of offer to sell excess
            defense articles under the Arms Export Control Act, the
            Department of Defense shall notify the Committees on
            Appropriations in accordance with the regular notification
            procedures of such Committees if such defense articles are
            significant military equipment (as defined in section 47(9) of
            the Arms Export Control Act) or are valued (in terms of original
            acquisition cost) at $7,000,000 or more, or if notification is
            required elsewhere in this Act for the use of appropriated funds
            for specific countries that would receive such excess defense
            articles:  Provided further, That such Committees shall also be
            informed of the original acquisition cost of such defense
            articles.

        (e) Waiver.--The requirements of this section or any similar
    provision of this Act or any other Act, including any prior Act
    requiring notification in accordance with the regular notification

    [[Page 136 STAT. 602]]

    procedures of the Committees on Appropriations, may be waived if failure
    to do so would pose a substantial risk to human health or welfare:
    Provided, That in case of any such waiver, notification to the
    Committees on Appropriations shall be provided as early as practicable,
    but in no event later than 3 days after taking the action to which such
    notification requirement was applicable, in the context of the
    circumstances necessitating such waiver:  Provided further, That any
    notification provided pursuant to such a waiver shall contain an
    explanation of the emergency circumstances.
        (f) Country Notification Requirements.--None of the funds
    appropriated under titles III through VI of this Act may be obligated or
    expended for assistance for Afghanistan, Bahrain, Burma, Cambodia,
    Colombia, Cuba, Egypt, El Salvador, Ethiopia, Guatemala, Haiti,
    Honduras, Iran, Iraq, Lebanon, Libya, Mexico, Nicaragua, Pakistan,
    Philippines, the Russian Federation, Rwanda, Somalia, South Sudan, Sri
    Lanka, Sudan, Syria, Uzbekistan, Venezuela, Yemen, and Zimbabwe except
    as provided through the regular notification procedures of the
    Committees on Appropriations.
        (g) Trust Funds.--Funds appropriated or otherwise made available in
    title III of this Act and prior Acts making funds available for the
    Department of State, foreign operations, and related programs that are
    made available for a trust fund held by an international financial
    institution shall be subject to the regular notification procedures of
    the Committees on Appropriations, and such notification shall include
    the information specified under this section in House Report 117-84.
        (h) Other Program Notification Requirement.--
                (1) <<NOTE: Consultation.>>  Diplomatic programs.--Funds
            appropriated under title I of this Act under the heading
            ``Diplomatic Programs'' that are made available for lateral
            entry into the Foreign Service shall be subject to prior
            consultation with, and the regular notification procedures of,
            the Committees on Appropriations.
                (2) Other programs.--Funds appropriated by this Act that are
            made available for the following programs and activities shall
            be subject to the regular notification procedures of the
            Committees on Appropriations:
                        (A) the Global Engagement Center;
                        (B) the Power Africa and Prosper Africa initiatives;
                        (C) community-based police assistance conducted
                    pursuant to the authority of section 7035(a)(1) of this
                    Act;
                        (D) the Prevention and Stabilization Fund and the
                    Multi-Donor Global Fragility Fund;
                        (E) the Indo-Pacific Strategy;
                        (F) the Countering PRC Influence Fund and the
                    Countering Russian Influence Fund; and
                        (G) the Gender Equity and Equality Action Fund.
                (3) <<NOTE: Consultation.>>  Democracy program policy and
            procedures.--Modifications to democracy program policy and
            procedures, including relating to the use of consortia, by the
            Department of State and USAID shall be subject to prior
            consultation with, and the regular notification procedures of,
            the Committees on Appropriations.
                (4) <<NOTE: Reports. Certifications.>>  Arms sales.--The
            reports, notifications, and certifications, and any other
            documents, required to be submitted pursuant to section 36(a) of
            the Arms Export Control Act (22

    [[Page 136 STAT. 603]]

            U.S.C. 2776), and such documents submitted pursuant to section
            36(b) through (d) of such Act with respect to countries that
            have received assistance provided with funds appropriated by
            this Act or prior Acts making appropriations for the Department
            of State, foreign operations, and related programs, shall be
            concurrently submitted to the Committees on Appropriations and
            shall include information about the source of funds for any sale
            or transfer, as applicable, if known at the time of submission.

        (i) Withholding of Funds.--Funds appropriated by this Act under
    titles III and IV that are withheld from obligation or otherwise not
    programmed as a result of application of a provision of law in this or
    any other Act shall, if reprogrammed, be subject to the regular
    notification procedures of the Committees on Appropriations.
        (j) <<NOTE: Time period.>>  Prior Consultation Requirement.--The
    Secretary of State, the Administrator of the United States Agency for
    International Development, the Chief Executive Officer of the United
    States International Development Finance Corporation, and the Chief
    Executive Officer of the Millennium Challenge Corporation shall consult
    with the Committees on Appropriations at least 7 days prior to informing
    a government of, or publically announcing a decision on, the suspension
    or early termination of assistance to a country or a territory,
    including as a result of an interagency review of such assistance, from
    funds appropriated by this Act or prior Acts making appropriations for
    the Department of State, foreign operations, and related programs:
    Provided, That such consultation shall include a detailed justification
    for such suspension, including a description of the assistance being
    suspended.

    documents, report posting, records management, and related cybersecurity
                                   protections

        Sec. 7016. (a) Document Requests.--None of the funds appropriated or
    made available pursuant to titles III through VI of this Act shall be
    available to a nongovernmental organization, including any contractor,
    which fails to provide upon timely request any document, file, or record
    necessary to the auditing requirements of the Department of State and
    the United States Agency for International Development.
        (b) Public Posting of Reports.--
                (1) Except as provided in paragraphs (2) and (3), any report
            required by this Act to be submitted to Congress by any Federal
            agency receiving funds made available by this Act shall be
            posted on the public Web site of such agency not later than 45
            days following the receipt of such report by Congress.
                (2) Paragraph (1) shall not apply to a report if--
                        (A) the public posting of the report would
                    compromise national security, including the conduct of
                    diplomacy;
                        (B) the report contains proprietary or other
                    privileged information; or
                        (C) the public posting of the report is specifically
                    exempted in the explanatory statement described in
                    section 4 (in the matter preceding division A of this
                    consolidated Act).

    [[Page 136 STAT. 604]]

                (3) The agency posting such report shall do so only after
            the report has been made available to the Committees on
            Appropriations.

        (c) Records Management and Related Cybersecurity Protections.--The
    Secretary of State and USAID Administrator shall--
                (1) <<NOTE: Review. Updates. Compliance.>>  regularly review
            and update the policies, directives, and oversight necessary to
            comply with Federal statutes, regulations, and presidential
            executive orders and memoranda concerning the preservation of
            all records made or received in the conduct of official
            business, including record emails, instant messaging, and other
            online tools;
                (2) use funds appropriated by this Act under the headings
            ``Diplomatic Programs'' and ``Capital Investment Fund'' in title
            I, and ``Operating Expenses'' and ``Capital Investment Fund'' in
            title II, as appropriate, to improve Federal records management
            pursuant to the Federal Records Act (44 U.S.C. Chapters 21, 29,
            31, and 33) and other applicable Federal records management
            statutes, regulations, or policies for the Department of State
            and USAID;
                (3) direct departing employees, including senior officials,
            that all Federal records generated by such employees belong to
            the Federal Government;
                (4) substantially reduce, compared to the previous fiscal
            year, the response time for identifying and retrieving Federal
            records, including requests made pursuant to section 552 of
            title 5, United States Code (commonly known as the ``Freedom of
            Information Act''); and
                (5) <<NOTE: Implementation. Recommenda- tions.>>  strengthen
            cybersecurity measures to mitigate vulnerabilities, including
            those resulting from the use of personal email accounts or
            servers outside the .gov domain, improve the process to identify
            and remove inactive user accounts, update and enforce guidance
            related to the control of national security information, and
            implement the recommendations of the applicable reports of the
            cognizant Office of Inspector General.

                    use of funds in contravention of this act

        Sec. 7017.
    <<NOTE: President. Determinations. Notification. Deadline.>> If the
    President makes a determination not to comply with any provision of this
    Act on constitutional grounds, the head of the relevant Federal agency
    shall notify the Committees on Appropriations in writing within 5 days
    of such determination, the basis for such determination and any
    resulting changes to program or policy.

       prohibition on funding for abortions and involuntary sterilization

        Sec. 7018.  None of the funds made available to carry out part I of
    the Foreign Assistance Act of 1961, as amended, may be used to pay for
    the performance of abortions as a method of family planning or to
    motivate or coerce any person to practice abortions. None of the funds
    made available to carry out part I of the Foreign Assistance Act of
    1961, as amended, may be used to pay for the performance of involuntary
    sterilization as a method of family planning or to coerce or provide any
    financial incentive to any person to undergo sterilizations. None of the
    funds

    [[Page 136 STAT. 605]]

    made available to carry out part I of the Foreign Assistance Act of
    1961, as amended, may be used to pay for any biomedical research which
    relates in whole or in part, to methods of, or the performance of,
    abortions or involuntary sterilization as a means of family
    planning. <<NOTE: President. Certification.>>  None of the funds made
    available to carry out part I of the Foreign Assistance Act of 1961, as
    amended, may be obligated or expended for any country or organization if
    the President certifies that the use of these funds by any such country
    or organization would violate any of the above provisions related to
    abortions and involuntary sterilizations.

                             allocations and reports

        Sec. 7019. (a) Allocation Tables.--Subject to subsection (b), funds
    appropriated by this Act under titles III through V shall be made
    available in the amounts specifically designated in the respective
    tables included in the explanatory statement described in section 4 (in
    the matter preceding division A of this consolidated Act):  Provided,
    That such designated amounts for foreign countries and international
    organizations shall serve as the amounts for such countries and
    international organizations transmitted to Congress in the report
    required by section 653(a) of the Foreign Assistance Act of 1961, and
    shall be made available for such foreign countries and international
    organizations notwithstanding the date of the transmission of such
    report.
        (b) Authorized Deviations.--Unless otherwise provided for by this
    Act, the Secretary of State and the Administrator of the United States
    Agency for International Development, as applicable, may only deviate up
    to 10 percent from the amounts specifically designated in the respective
    tables included in the explanatory statement described in section 4 (in
    the matter preceding division A of this consolidated Act):
    Provided, <<NOTE: Determination.>>  That such percentage may be exceeded
    only if the Secretary of State or USAID Administrator, as applicable,
    determines and reports in writing to the Committees on Appropriations on
    a case-by-case basis that such deviation is necessary to respond to
    significant, exigent, or unforeseen events, or to address other
    exceptional circumstances directly related to the national security
    interest of the United States, including a description of such events or
    circumstances:  Provided further, <<NOTE: Consultation. Notification.>>
    That deviations pursuant to the preceding proviso shall be subject to
    prior consultation with, and the regular notification procedures of, the
    Committees on Appropriations.

        (c) Limitation.--For specifically designated amounts that are
    included, pursuant to subsection (a), in the report required by section
    653(a) of the Foreign Assistance Act of 1961, deviations authorized by
    subsection (b) may only take place after submission of such report.
        (d) Exceptions.--
                (1) Subsections (a) and (b) shall not apply to--
                        (A) amounts designated for ``International Military
                    Education and Training'' in the respective tables
                    included in the explanatory statement described in
                    section 4 (in the matter preceding division A of this
                    consolidated Act);
                        (B) funds for which the initial period of
                    availability has expired; and
                        (C) amounts designated by this Act as minimum
                    funding requirements.

    [[Page 136 STAT. 606]]

                (2) The authority of subsection (b) to deviate from amounts
            designated in the respective tables included in the explanatory
            statement described in section 4 (in the matter preceding
            division A of this consolidated Act) shall not apply to the
            table included under the heading ``Global Health Programs'' in
            such statement.
                (3) <<NOTE: Applicability.>>  With respect to the amounts
            designated for ``Global Programs'' in the table under the
            heading ``Economic Support Fund'' included in the explanatory
            statement described in section 4 (in the matter preceding
            division A of this consolidated Act), the matter preceding the
            first proviso in subsection (b) of this section shall be applied
            by substituting ``5 percent'' for ``10 percent'', and the
            provisos in such subsection (b) shall not apply.

        (e) Reports.--The Secretary of State, USAID Administrator, and other
    designated officials, as appropriate, shall submit the reports required,
    in the manner described, in House Report 117-84 and the explanatory
    statement described in section 4 (in the matter preceding division A of
    this consolidated Act), unless directed otherwise in such explanatory
    statement.
        (f) Clarification.--Funds appropriated by this Act under the
    headings ``International Disaster Assistance'' and ``Migration and
    Refugee Assistance'' shall not be included for purposes of meeting
    amounts designated for countries in this Act, unless such headings are
    specifically designated as the source of funds.

                               multi-year pledges

        Sec. 7020.  <<NOTE: Notification. Consultation. Time period.>>  None
    of the funds appropriated or otherwise made available by this Act may be
    used to make any pledge for future year funding for any multilateral or
    bilateral program funded in titles III through VI of this Act unless
    such pledge was: (1) previously justified, including the projected
    future year costs, in a congressional budget justification; (2) included
    in an Act making appropriations for the Department of State, foreign
    operations, and related programs or previously authorized by an Act of
    Congress; (3) notified in accordance with the regular notification
    procedures of the Committees on Appropriations, including the projected
    future year costs; or (4) the subject of prior consultation with the
    Committees on Appropriations and such consultation was conducted at
    least 7 days in advance of the pledge.

       prohibition on assistance to governments supporting international
                                    terrorism

        Sec. 7021. <<NOTE: President. Determinations.>>  (a) Lethal Military
    Equipment Exports.--
                (1) Prohibition.--None of the funds appropriated or
            otherwise made available under titles III through VI of this Act
            may be made available to any foreign government which provides
            lethal military equipment to a country the government of which
            the Secretary of State has determined supports international
            terrorism for purposes of section 1754(c) of the Export Reform
            Control Act of 2018 (50 U.S.C. 4813(c)):
            Provided, <<NOTE: Termination date.>>  That the prohibition
            under this section with respect to a foreign government shall
            terminate 12 months after that government ceases to provide such
            military equipment:  Provided further,

    [[Page 136 STAT. 607]]

            That this <<NOTE: Applicability.>>  section applies with respect
            to lethal military equipment provided under a contract entered
            into after October 1, 1997.
                (2) Determination.--Assistance restricted by paragraph (1)
            or any other similar provision of law, may be furnished if the
            President determines that to do so is important to the national
            interest of the United States.
                (3) <<NOTE: Estimate.>>  Report.--Whenever the President
            makes a determination pursuant to paragraph (2), the President
            shall submit to the Committees on Appropriations a report with
            respect to the furnishing of such assistance, including a
            detailed explanation of the assistance to be provided, the
            estimated dollar amount of such assistance, and an explanation
            of how the assistance furthers the United States national
            interest.

        (b) Bilateral Assistance.--
                (1) Limitations.--Funds appropriated for bilateral
            assistance in titles III through VI of this Act and funds
            appropriated under any such title in prior Acts making
            appropriations for the Department of State, foreign operations,
            and related programs, shall not be made available to any foreign
            government which the President determines--
                        (A) grants sanctuary from prosecution to any
                    individual or group which has committed an act of
                    international terrorism;
                        (B) otherwise supports international terrorism; or
                        (C) is controlled by an organization designated as a
                    terrorist organization under section 219 of the
                    Immigration and Nationality Act (8 U.S.C. 1189).
                (2) Waiver.--The President may waive the application of
            paragraph (1) to a government if the President determines that
            national security or humanitarian reasons justify such waiver:
            Provided, <<NOTE: Federal
            Register, publication. Deadline. Notification.>>  That the
            President shall publish each such waiver in the Federal Register
            and, at least 15 days before the waiver takes effect, shall
            notify the Committees on Appropriations of the waiver (including
            the justification for the waiver) in accordance with the regular
            notification procedures of the Committees on Appropriations.

                           authorization requirements

        Sec. 7022.  Funds appropriated by this Act, except funds
    appropriated under the heading ``Trade and Development Agency'', may be
    obligated and expended notwithstanding section 10 of Public Law 91-672
    (22 U.S.C. 2412), section 15 of the State Department Basic Authorities
    Act of 1956 (22 U.S.C. 2680), section 313 of the Foreign Relations
    Authorization Act, Fiscal Years 1994 and 1995 (22 U.S.C. 6212), and
    section 504(a)(1) of the National Security Act of 1947 (50 U.S.C.
    3094(a)(1)).

                  definition of program, project, and activity

        Sec. 7023.  For the purpose of titles II through VI of this Act
    ``program, project, and activity'' shall be defined at the
    appropriations Act account level and shall include all appropriations
    and authorizations Acts funding directives, ceilings, and limitations
    with the exception that for the ``Economic Support Fund'', ``Assistance
    for Europe, Eurasia and Central Asia'', and ``Foreign Military Financing
    Program'' accounts, ``program, project, and activity'' shall

    [[Page 136 STAT. 608]]

    also be considered to include country, regional, and central program
    level funding within each such account, and for the development
    assistance accounts of the United States Agency for International
    Development, ``program, project, and activity'' shall also be considered
    to include central, country, regional, and program level funding, either
    as--
                (1) justified to Congress; or
                (2) allocated by the Executive Branch in accordance with the
            report required by section 653(a) of the Foreign Assistance Act
            of 1961 or as modified pursuant to section 7019 of this Act.

     authorities for the peace corps, inter-american foundation, and united
                      states african development foundation

        Sec. 7024.  Unless expressly provided to the contrary, provisions of
    this or any other Act, including provisions contained in prior Acts
    authorizing or making appropriations for the Department of State,
    foreign operations, and related programs, shall not be construed to
    prohibit activities authorized by or conducted under the Peace Corps
    Act, the Inter-American Foundation Act, or the African Development
    Foundation Act:  Provided, <<NOTE: Consultation. Reports.>>  That prior
    to conducting activities in a country for which assistance is
    prohibited, the agency shall consult with the Committees on
    Appropriations and report to such Committees within 15 days of taking
    such action.

                     commerce, trade and surplus commodities

        Sec. 7025. (a) World Markets.--None of the funds appropriated or
    made available pursuant to titles III through VI of this Act for direct
    assistance and none of the funds otherwise made available to the Export-
    Import Bank and the United States International Development Finance
    Corporation shall be obligated or expended to finance any loan, any
    assistance, or any other financial commitments for establishing or
    expanding production of any commodity for export by any country other
    than the United States, if the commodity is likely to be in surplus on
    world markets at the time the resulting productive capacity is expected
    to become operative and if the assistance will cause substantial injury
    to United States producers of the same, similar, or competing commodity:
     Provided, <<NOTE: Notification.>>  That such prohibition shall not
    apply to the Export-Import Bank if in the judgment of its Board of
    Directors the benefits to industry and employment in the United States
    are likely to outweigh the injury to United States producers of the
    same, similar, or competing commodity, and the Chairman of the Board so
    notifies the Committees on Appropriations:  Provided further, That this
    subsection shall not prohibit--
                (1) activities in a country that is eligible for assistance
            from the International Development Association, is not eligible
            for assistance from the International Bank for Reconstruction
            and Development, and does not export on a consistent basis the
            agricultural commodity with respect to which assistance is
            furnished; or
                (2) <<NOTE: President. Determination.>>  activities in a
            country the President determines is recovering from widespread
            conflict, a humanitarian crisis, or a complex emergency.

        (b) Exports.--None of the funds appropriated by this or any other
    Act to carry out chapter 1 of part I of the Foreign Assistance

    [[Page 136 STAT. 609]]

    Act of 1961 shall be available for any testing or breeding feasibility
    study, variety improvement or introduction, consultancy, publication,
    conference, or training in connection with the growth or production in a
    foreign country of an agricultural commodity for export which would
    compete with a similar commodity grown or produced in the United States:
     Provided, That this subsection shall not prohibit--
                (1) activities designed to increase food security in
            developing countries where such activities will not have a
            significant impact on the export of agricultural commodities of
            the United States;
                (2) research activities intended primarily to benefit United
            States producers;
                (3) activities in a country that is eligible for assistance
            from the International Development Association, is not eligible
            for assistance from the International Bank for Reconstruction
            and Development, and does not export on a consistent basis the
            agricultural commodity with respect to which assistance is
            furnished; or
                (4) <<NOTE: President. Determination.>>  activities in a
            country the President determines is recovering from widespread
            conflict, a humanitarian crisis, or a complex emergency.

        (c) <<NOTE: 22 USC 262h note.>>  International Financial
    Institutions.--The Secretary of the Treasury shall instruct the United
    States executive director of each international financial institution to
    use the voice and vote of the United States to oppose any assistance by
    such institution, using funds appropriated or otherwise made available
    by this Act, for the production or extraction of any commodity or
    mineral for export, if it is in surplus on world markets and if the
    assistance will cause substantial injury to United States producers of
    the same, similar, or competing commodity.

                                separate accounts

        Sec. 7026. <<NOTE: 22 USC 2362 note.>>  (a) Separate Accounts for
    Local Currencies.--
                (1) Agreements.--If assistance is furnished to the
            government of a foreign country under chapters 1 and 10 of part
            I or chapter 4 of part II of the Foreign Assistance Act of 1961
            under agreements which result in the generation of local
            currencies of that country, the Administrator of the United
            States Agency for International Development shall--
                        (A) <<NOTE: Requirements.>>  require that local
                    currencies be deposited in a separate account
                    established by that government;
                        (B) enter into an agreement with that government
                    which sets forth--
                              (i) the amount of the local currencies to be
                          generated; and
                              (ii) the terms and conditions under which the
                          currencies so deposited may be utilized,
                          consistent with this section; and
                        (C) establish by agreement with that government the
                    responsibilities of USAID and that government to monitor
                    and account for deposits into and disbursements from the
                    separate account.
                (2) Uses of local currencies.--As may be agreed upon with
            the foreign government, local currencies deposited in a

    [[Page 136 STAT. 610]]

            separate account pursuant to subsection (a), or an equivalent
            amount of local currencies, shall be used only--
                        (A) to carry out chapter 1 or 10 of part I or
                    chapter 4 of part II of the Foreign Assistance Act of
                    1961 (as the case may be), for such purposes as--
                              (i) project and sector assistance activities;
                          or
                              (ii) debt and deficit financing; or
                        (B) for the administrative requirements of the
                    United States Government.
                (3) Programming accountability.--USAID shall take all
            necessary steps to ensure that the equivalent of the local
            currencies disbursed pursuant to subsection (a)(2)(A) from the
            separate account established pursuant to subsection (a)(1) are
            used for the purposes agreed upon pursuant to subsection (a)(2).
                (4) Termination of assistance programs.--Upon termination of
            assistance to a country under chapter 1 or 10 of part I or
            chapter 4 of part II of the Foreign Assistance Act of 1961 (as
            the case may be), any unencumbered balances of funds which
            remain in a separate account established pursuant to subsection
            (a) shall be disposed of for such purposes as may be agreed to
            by the government of that country and the United States
            Government.

        (b) Separate Accounts for Cash Transfers.--
                (1) <<NOTE: Requirement.>>  In general.--If assistance is
            made available to the government of a foreign country, under
            chapter 1 or 10 of part I or chapter 4 of part II of the Foreign
            Assistance Act of 1961, as cash transfer assistance or as
            nonproject sector assistance, that country shall be required to
            maintain such funds in a separate account and not commingle with
            any other funds.
                (2) Applicability of other provisions of law.--Such funds
            may be obligated and expended notwithstanding provisions of law
            which are inconsistent with the nature of this assistance,
            including provisions which are referenced in the Joint
            Explanatory Statement of the Committee of Conference
            accompanying House Joint Resolution 648 (House Report No. 98-
            1159).
                (3) <<NOTE: Time period. President.>>  Notification.--At
            least 15 days prior to obligating any such cash transfer or
            nonproject sector assistance, the President shall submit a
            notification through the regular notification procedures of the
            Committees on Appropriations, which shall include a detailed
            description of how the funds proposed to be made available will
            be used, with a discussion of the United States interests that
            will be served by such assistance (including, as appropriate, a
            description of the economic policy reforms that will be promoted
            by such assistance).
                (4) <<NOTE: Notification.>>  Exemption.--Nonproject sector
            assistance funds may be exempt from the requirements of
            paragraph (1) only through the regular notification procedures
            of the Committees on Appropriations.

                           eligibility for assistance

        Sec. 7027. (a) Assistance Through Nongovernmental Organizations.--
    Restrictions contained in this or any other Act with respect to
    assistance for a country shall not be construed to restrict assistance
    in support of programs of nongovernmental

    [[Page 136 STAT. 611]]

    organizations from funds appropriated by this Act to carry out the
    provisions of chapters 1, 10, 11, and 12 of part I and chapter 4 of part
    II of the Foreign Assistance Act of 1961 and from funds appropriated
    under the heading ``Assistance for Europe, Eurasia and Central Asia'':
    Provided, <<NOTE: President. Notification.>>  That before using the
    authority of this subsection to furnish assistance in support of
    programs of nongovernmental organizations, the President shall notify
    the Committees on Appropriations pursuant to the regular notification
    procedures, including a description of the program to be assisted, the
    assistance to be provided, and the reasons for furnishing such
    assistance:  Provided further, <<NOTE: Abortion. Sterilization.>>  That
    nothing in this subsection shall be construed to alter any existing
    statutory prohibitions against abortion or involuntary sterilizations
    contained in this or any other Act.

        (b) <<NOTE: Notification.>>  Public Law 480.--During fiscal year
    2022, restrictions contained in this or any other Act with respect to
    assistance for a country shall not be construed to restrict assistance
    under the Food for Peace Act (Public Law 83-480; 7 U.S.C. 1721 et seq.):
     Provided, That none of the funds appropriated to carry out title I of
    such Act and made available pursuant to this subsection may be obligated
    or expended except as provided through the regular notification
    procedures of the Committees on Appropriations.

        (c) Exception.--This section shall not apply--
                (1) with respect to section 620A of the Foreign Assistance
            Act of 1961 or any comparable provision of law prohibiting
            assistance to countries that support international terrorism; or
                (2) with respect to section 116 of the Foreign Assistance
            Act of 1961 or any comparable provision of law prohibiting
            assistance to the government of a country that violates
            internationally recognized human rights.

                               disability programs

        Sec. 7028. (a) Assistance.--Of the funds appropriated by this Act
    under the heading ``Development Assistance'', not less than $15,000,000
    shall be made available for programs and activities administered by the
    United States Agency for International Development to address the needs
    and protect and promote the rights of people with disabilities in
    developing countries, including initiatives that focus on independent
    living, economic self-sufficiency, advocacy, education, employment,
    transportation, sports, political and electoral participation, and
    integration of individuals with disabilities, including for the cost of
    translation:  Provided, That funds shall be made available to support
    disability rights advocacy organizations in developing countries.
        (b) Management, Oversight, and Technical Support.--Of the funds made
    available pursuant to this section, 5 percent may be used by USAID for
    management, oversight, and technical support.

                      international financial institutions

        Sec. 7029. <<NOTE: Public information.>>  (a) Evaluations.--The
    Secretary of the Treasury shall instruct the United States executive
    director of each international financial institution to use the voice of
    the United States to encourage such institution to adopt and implement a
    publicly available policy, including the strategic use of peer reviews
    and

    [[Page 136 STAT. 612]]

    external experts, to conduct independent, in-depth evaluations of the
    effectiveness of at least 35 percent of all loans, grants, programs, and
    significant analytical non-lending activities in advancing the
    institution's goals of reducing poverty and promoting equitable economic
    growth, consistent with relevant safeguards, to ensure that decisions to
    support such loans, grants, programs, and activities are based on
    accurate data and objective analysis.

        (b) Safeguards.--
                (1) <<NOTE: Effective date.>>  Standard.--The Secretary of
            the Treasury shall instruct the United States Executive Director
            of the International Bank for Reconstruction and Development and
            the International Development Association to use the voice and
            vote of the United States to oppose any loan, grant, policy, or
            strategy if such institution has adopted and is implementing any
            social or environmental safeguard relevant to such loan, grant,
            policy, or strategy that provides less protection than World
            Bank safeguards in effect on September 30, 2015.
                (2) Accountability, standards, and best practices.--The
            Secretary of the Treasury shall instruct the United States
            executive director of each international financial institution
            to use the voice and vote of the United States to oppose loans
            or other financing for projects unless such projects--
                        (A) provide for accountability and transparency,
                    including the collection, verification, and publication
                    of beneficial ownership information related to
                    extractive industries and on-site monitoring during the
                    life of the project;
                        (B) will be developed and carried out in accordance
                    with best practices regarding environmental
                    conservation, cultural protection, and empowerment of
                    local populations, including free, prior and informed
                    consent of affected Indigenous communities;
                        (C) <<NOTE: Human rights.>>  do not provide
                    incentives for, or facilitate, forced displacement or
                    other violations of human rights; and
                        (D) do not partner with or otherwise involve
                    enterprises owned or controlled by the armed forces.

        (c) Compensation.--None of the funds appropriated under title V of
    this Act may be made as payment to any international financial
    institution while the United States executive director to such
    institution is compensated by the institution at a rate which, together
    with whatever compensation such executive director receives from the
    United States, is in excess of the rate provided for an individual
    occupying a position at level IV of the Executive Schedule under section
    5315 of title 5, United States Code, or while any alternate United
    States executive director to such institution is compensated by the
    institution at a rate in excess of the rate provided for an individual
    occupying a position at level V of the Executive Schedule under section
    5316 of title 5, United States Code.
        (d) Human Rights.--The Secretary of the Treasury shall instruct the
    United States executive director of each international financial
    institution to use the voice and vote of the United States to promote
    human rights due diligence and risk management, as appropriate, in
    connection with any loan, grant, policy, or strategy of such institution
    in accordance with the requirements specified under this subsection in
    House Report 117-84:  Provided, <<NOTE: Consultation.>>  That prior to
    voting on any such loan, grant, policy, or strategy the

    [[Page 136 STAT. 613]]

    executive director shall consult with the Assistant Secretary for
    Democracy, Human Rights, and Labor, Department of State, if the
    executive director has reason to believe that such loan, grant, policy,
    or strategy could result in forced displacement or other violations of
    human rights.

        (e) Fraud and Corruption.--The Secretary of the Treasury shall
    instruct the United States executive director of each international
    financial institution to use the voice of the United States to include
    in loan, grant, and other financing agreements improvements in borrowing
    countries' financial management and judicial capacity to investigate,
    prosecute, and punish fraud and corruption.
        (f) Beneficial Ownership Information.--The Secretary of the Treasury
    shall instruct the United States executive director of each
    international financial institution to use the voice of the United
    States to encourage such institution to collect, verify, and publish, to
    the maximum extent practicable, beneficial ownership information
    (excluding proprietary information) for any corporation or limited
    liability company, other than a publicly listed company, that receives
    funds from any such financial institution.
        (g) Whistleblower Protections.--The Secretary of the Treasury shall
    instruct the United States executive director of each international
    financial institution to use the voice of the United States to encourage
    such institution to effectively implement and enforce policies and
    procedures which meet or exceed best practices in the United States for
    the protection of whistleblowers from retaliation, including--
                (1) protection against retaliation for internal and lawful
            public disclosure;
                (2) legal burdens of proof;
                (3) statutes of limitation for reporting retaliation;
                (4) access to binding independent adjudicative bodies,
            including shared cost and selection external arbitration; and
                (5) results that eliminate the effects of proven
            retaliation, including provision for the restoration of prior
            employment.

        (h) Grievance Mechanisms and Procedures.--The Secretary of the
    Treasury shall instruct the United States executive director of each
    international financial institution to use the voice and vote of the
    United States to support independent investigative and adjudicative
    mechanisms and procedures that meet or exceed best practices in the
    United States to provide due process and fair compensation, including
    the right to reinstatement, for employees who are subjected to
    harassment, discrimination, retaliation, false allegations, or other
    misconduct.
        (i) <<NOTE: President. Budget request. Determination. Reports.>>
    Capital Increases.--None of the funds appropriated by this Act or prior
    Acts making appropriations for the Department of State, foreign
    operations, and related programs should be made available to support a
    capital increase for an international financial institution until the
    President submits a budget request for such increase to Congress and
    determines and reports to the Committees on Appropriations that--
                (1) the institution has completed a thorough analysis of the
            development challenges facing the relevant geographical region,
            the role of the institution in addressing such challenges and
            its role relative to other financing partners, and the steps to
            be taken to enhance the efficiency and effectiveness of the
            institution; and

    [[Page 136 STAT. 614]]

                (2) the governors of such institution have approved the
            capital increase.

                        insecure communications networks

        Sec. 7030.  Funds appropriated by this Act shall be made available
    for programs, including through the Digital Connectivity and
    Cybersecurity Partnership, to--
                (1) advance the adoption of secure, next-generation
            communications networks and services, including 5G, and
            cybersecurity policies, in countries receiving assistance under
            this Act and prior Acts making appropriations for the Department
            of State, foreign operations, and related programs;
                (2) <<NOTE: China.>>  counter the establishment of insecure
            communications networks and services, including 5G, promoted by
            the People's Republic of China and other state-backed
            enterprises that are subject to undue or extrajudicial control
            by their country of origin; and
                (3) provide policy and technical training on deploying open,
            interoperable, reliable, and secure networks to information
            communication technology professionals in countries receiving
            assistance under this Act, as appropriate:

      Provided, <<NOTE: Consultation.>>  That such funds may be used to
    support the participation of foreign military officials in programs
    designed to strengthen civilian cybersecurity capacity, following
    consultation with the Committees on Appropriations.

                  financial management and budget transparency

        Sec. 7031. (a) Limitation on Direct Government-to-Government
    Assistance.--
                (1) Requirements.--Funds appropriated by this Act may be
            made available for direct government-to-government assistance
            only if the requirements included in section 7031(a)(1)(A)
            through (E) of the Department of State, Foreign Operations, and
            Related Programs Appropriations Act, 2019 (division F of Public
            Law 116-6) are fully met.
                (2) Consultation and notification.--In addition to the
            requirements in paragraph (1), funds may only be made available
            for direct government-to-government assistance subject to prior
            consultation with, and the regular notification procedures of,
            the Committees on Appropriations:  Provided, That such
            notification shall contain an explanation of how the proposed
            activity meets the requirements of paragraph (1):  Provided
            further, <<NOTE: Applicability.>>  That the requirements of this
            paragraph shall only apply to direct government-to-government
            assistance in excess of $10,000,000 and all funds available for
            cash transfer, budget support, and cash payments to individuals.
                (3) Suspension of assistance. <<NOTE: Reports.>> --The
            Administrator of the United States Agency for International
            Development or the Secretary of State, as appropriate, shall
            suspend any direct government-to-government assistance if the
            Administrator or the Secretary has credible information of
            material misuse of such assistance, unless the Administrator or
            the Secretary reports to the Committees on Appropriations that
            it is in the national interest of the United States to continue
            such assistance, including a justification, or that such misuse
            has been appropriately addressed.

    [[Page 136 STAT. 615]]

                (4) Submission of information.--The Secretary of State shall
            submit to the Committees on Appropriations, concurrent with the
            fiscal year 2023 congressional budget justification materials,
            amounts planned for assistance described in paragraph (1) by
            country, proposed funding amount, source of funds, and type of
            assistance.
                (5) Debt service payment prohibition.--None of the funds
            made available by this Act may be used by the government of any
            foreign country for debt service payments owed by any country to
            any international financial institution.

        (b) National Budget and Contract Transparency.--
                (1) <<NOTE: Updates.>>  Minimum requirements of fiscal
            transparency.--The Secretary of State shall continue to update
            and strengthen the ``minimum requirements of fiscal
            transparency'' for each government receiving assistance
            appropriated by this Act, as identified in the report required
            by section 7031(b) of the Department of State, Foreign
            Operations, and Related Programs Appropriations Act, 2014
            (division K of Public Law 113-76).
                (2) <<NOTE: Public information. Web posting.>>
            Determination and report.--For each government identified
            pursuant to paragraph (1), the Secretary of State, not later
            than 180 days after enactment of this Act, shall make or update
            any determination of ``significant progress'' or ``no
            significant progress'' in meeting the minimum requirements of
            fiscal transparency, and make such determinations publicly
            available in an annual ``Fiscal Transparency Report'' to be
            posted on the Department of State website:  Provided, That such
            report shall include the elements included under this section in
            House Report 117-84.
                (3) Assistance.--Not less than $7,000,000 of the funds
            appropriated by this Act under the heading ``Economic Support
            Fund'' shall be made available for programs and activities to
            assist governments identified pursuant to paragraph (1) to
            improve budget transparency and to support civil society
            organizations in such countries that promote budget
            transparency.

        (c) <<NOTE: 8 USC 1182 note.>>  Anti-Kleptocracy and Human Rights.--
                (1) Ineligibility.--
                        (A) Officials of foreign governments and their
                    immediate family members about whom the Secretary of
                    State has credible information have been involved,
                    directly or indirectly, in significant corruption,
                    including corruption related to the extraction of
                    natural resources, or a gross violation of human rights,
                    including the wrongful detention of locally employed
                    staff of a United States diplomatic mission or a United
                    States citizen or national, shall be ineligible for
                    entry into the United States.
                        (B) Concurrent with the application of subparagraph
                    (A), the Secretary should, as appropriate, refer the
                    matter to the Office of Foreign Assets Control,
                    Department of the Treasury, to determine whether to
                    apply sanctions authorities in accordance with United
                    States law to block the transfer of property and
                    interests in property, and all financial transactions,
                    in the United States involving any person described in
                    such subparagraph.
                        (C) The Secretary shall also publicly or privately
                    designate or identify the officials of foreign
                    governments and

    [[Page 136 STAT. 616]]

                    their immediate family members about whom the Secretary
                    has such credible information without regard to whether
                    the individual has applied for a visa.
                (2) Exception.--Individuals shall not be ineligible for
            entry into the United States pursuant to paragraph (1) if such
            entry would further important United States law enforcement
            objectives or is necessary to permit the United States to
            fulfill its obligations under the United Nations Headquarters
            Agreement:  Provided, That nothing in paragraph (1) shall be
            construed to derogate from United States Government obligations
            under applicable international agreements.
                (3) <<NOTE: Determination.>>  Waiver.--The Secretary may
            waive the application of paragraph (1) if the Secretary
            determines that the waiver would serve a compelling national
            interest or that the circumstances which caused the individual
            to be ineligible have changed sufficiently.
                (4) <<NOTE: Time periods. Termination date. Lists.>>
            Report.--Not later than 30 days after enactment of this Act, and
            every 90 days thereafter until September 30, 2023, the Secretary
            of State shall submit a report, including a classified annex if
            necessary, to the appropriate congressional committees and the
            Committees on the Judiciary describing the information related
            to corruption or violation of human rights concerning each of
            the individuals found ineligible in the previous 12 months
            pursuant to paragraph (1)(A) as well as the individuals who the
            Secretary designated or identified pursuant to paragraph (1)(B),
            or who would be ineligible but for the application of paragraph
            (2), a list of any waivers provided under paragraph (3), and the
            justification for each waiver.
                (5) Posting of report.--Any unclassified portion of the
            report required under paragraph (4) shall be posted on the
            Department of State website.
                (6) Clarification.--For purposes of paragraphs (1), (4), and
            (5), the records of the Department of State and of diplomatic
            and consular offices of the United States pertaining to the
            issuance or refusal of visas or permits to enter the United
            States shall not be considered confidential.

        (d) Extraction of Natural Resources.--
                (1) Assistance.--Funds appropriated by this Act shall be
            made available to promote and support transparency and
            accountability of expenditures and revenues related to the
            extraction of natural resources, including by strengthening
            implementation and monitoring of the Extractive Industries
            Transparency Initiative, implementing and enforcing section 8204
            of the Food, Conservation, and Energy Act of 2008 (Public Law
            110-246; 122 Stat. 2052) and the amendments made by such
            section, and to prevent the sale of conflict diamonds, and for
            technical assistance to promote independent audit mechanisms and
            support civil society participation in natural resource
            management.
                (2) Public disclosure and independent audits.--(A) The
            Secretary of the Treasury shall instruct the executive director
            of each international financial institution to use the voice and
            vote of the United States to oppose any assistance by such
            institutions (including any loan, credit, grant, or guarantee)
            to any country for the extraction and export of a natural
            resource if the government of such country has in place laws,

    [[Page 136 STAT. 617]]

            regulations, or procedures to prevent or limit the public
            disclosure of company payments as required by United States law,
            and unless such government has adopted laws, regulations, or
            procedures in the sector in which assistance is being considered
            that: (1) accurately account for and publicly disclose payments
            to the government by companies involved in the extraction and
            export of natural resources; (2) include independent auditing of
            accounts receiving such payments and the public disclosure of
            such audits; and (3) require public disclosure of agreement and
            bidding documents, as appropriate.
                (B) The requirements of subparagraph (A) shall not apply to
            assistance for the purpose of building the capacity of such
            government to meet the requirements of such subparagraph.

        (e) Foreign Assistance Website.--Funds appropriated by this Act
    under titles I and II, and funds made available for any independent
    agency in title III, as appropriate, shall be made available to support
    the provision of additional information on United States Government
    foreign assistance on the ``ForeignAssistance.gov'' website:  Provided,
    That all Federal agencies funded under this Act shall provide such
    information on foreign assistance, upon request and in a timely manner,
    to the Department of State and USAID.

                               democracy programs

        Sec. 7032. (a) Funding.--
                (1) In general.--Of the funds appropriated by this Act under
            the headings ``Development Assistance'', ``Economic Support
            Fund'', ``Democracy Fund'', ``Assistance for Europe, Eurasia and
            Central Asia'', and ``International Narcotics Control and Law
            Enforcement'', not less than $2,600,000,000 should be made
            available for democracy programs.
                (2) Programs.--Of the funds made available for democracy
            programs under the headings ``Economic Support Fund'' and
            ``Assistance for Europe, Eurasia and Central Asia'' pursuant to
            paragraph (1), not less than $102,040,000 shall be made
            available to the Bureau of Democracy, Human Rights, and Labor,
            Department of State.

        (b) Authorities.--
                (1) Availability.--Funds made available by this Act for
            democracy programs pursuant to subsection (a) and under the
            heading ``National Endowment for Democracy'' may be made
            available notwithstanding any other provision of law, and with
            regard to the National Endowment for Democracy (NED), any
            regulation.
                (2) Beneficiaries.--Funds made available by this Act for the
            NED are made available pursuant to the authority of the National
            Endowment for Democracy Act (title V of Public Law 98-164),
            including all decisions regarding the selection of
            beneficiaries.

        (c) Definition of Democracy Programs.--For purposes of funds
    appropriated by this Act, the term ``democracy programs'' means programs
    that support good governance, credible and competitive elections,
    freedom of expression, association, assembly, and religion, human
    rights, labor rights, independent media, and the rule of law, and that
    otherwise strengthen the capacity of democratic political parties,
    governments, nongovernmental

    [[Page 136 STAT. 618]]

    organizations and institutions, and citizens to support the development
    of democratic states and institutions that are responsive and
    accountable to citizens.
        (d) Program Prioritization.--Funds made available pursuant to this
    section that are made available for programs to strengthen government
    institutions shall be prioritized for those institutions that
    demonstrate a commitment to democracy and the rule of law.
        (e) Restrictions on Foreign Government Interference.--
                (1) Prior approval.--With respect to the provision of
            assistance for democracy programs in this Act, the organizations
            implementing such assistance, the specific nature of the
            assistance, and the participants in such programs shall not be
            subject to prior approval by the government of any foreign
            country.
                (2) <<NOTE: Consultation. Negotiation.>>  Disclosure of
            implementing partner information.--If the Secretary of State, in
            consultation with the Administrator of the United States Agency
            for International Development, determines that the government of
            the country is undemocratic or has engaged in or condoned
            harassment, threats, or attacks against organizations
            implementing democracy programs, any new bilateral agreement
            governing the terms and conditions under which assistance is
            provided to such country shall not require the disclosure of the
            names of implementing partners of democracy programs, and the
            Secretary of State and the USAID Administrator shall
            expeditiously seek to negotiate amendments to existing bilateral
            agreements, as necessary, to conform to this requirement.
                (3) <<NOTE: Coordination. Termination date. Time
            period. Compliance.>>  Reporting requirement.--The Secretary of
            State, in coordination with the USAID Administrator, shall
            submit a report to the appropriate congressional committees, not
            later than 90 days after enactment of this Act and every 90 days
            thereafter until September 30, 2023, detailing steps taken by
            the Department of State and USAID to comply with the
            requirements of this subsection.

        (f) Continuation of Current Practices.--USAID shall continue to
    implement civil society and political competition and consensus building
    programs abroad with funds appropriated by this Act in a manner that
    recognizes the unique benefits of grants and cooperative agreements in
    implementing such programs.
        (g) Digital Security and Countering Disinformation.--Democracy
    programs supported with funds appropriated by this Act under subsection
    (a)(1) should, as appropriate--
                (1) include--
                        (A) a component on digital security to enhance the
                    safety of implementers and beneficiaries;
                        (B) assistance for civil society organizations to
                    counter government surveillance, censorship, and
                    repression by digital means;
                        (C) efforts to combat weaponized technology,
                    including the misuse of social media to spread
                    disinformation or incite hate; and
                        (D) measures to prevent the digital manipulation of
                    elections, electoral data, and critical infrastructure;
                    and
                (2) incorporate activities to counter disinformation
            propagated by malign actors, including the People's Republic of
            China and the Russian Federation.

    [[Page 136 STAT. 619]]

        (h) Informing the National Endowment for Democracy.--The Assistant
    Secretary for Democracy, Human Rights, and Labor, Department of State,
    and the Assistant Administrator for Democracy, Conflict, and
    Humanitarian Assistance, USAID, shall regularly inform the NED of
    democracy programs that are planned and supported with funds made
    available by this Act and prior Acts making appropriations for the
    Department of State, foreign operations, and related programs.
        (i) Protection of Civil Society Activists and Journalists.--
                (1) Of the funds appropriated by this Act under the headings
            ``Economic Support Fund'' and ``Democracy Fund'', not less than
            $30,000,000 shall be made available to support and protect civil
            society activists and journalists who have been threatened,
            harassed, or attacked, including journalists affiliated with the
            United States Agency for Global Media.

        (j) International Freedom of Expression and Independent Media.--Of
    the funds appropriated by this Act under the heading ``Economic Support
    Fund'', not less than $20,000,000 shall be made available for programs
    to protect international freedom of expression and independent media,
    including to implement the updated action plan required under section
    7032(h) of the Department of State, Foreign Operations, and Related
    Programs Appropriations Act, 2021 (division K of Public Law 116-260):
    Provided, That funds appropriated by this Act under the heading
    ``Diplomatic Programs'' shall be made available to the Bureau of
    Democracy, Human Rights, and Labor, Department of State, and funds
    appropriated by this Act under the heading ``Operating Expenses'' shall
    be made available to the Bureau for Development, Democracy, and
    Innovation, USAID, for the costs of administering such programs.
        (k) Labor Programs Report and Consultation.--
                (1) Report.--Not later than 90 days after enactment of this
            Act, the USAID Administrator shall submit a report to the
            appropriate congressional committees detailing steps taken, or
            planned to be taken, by USAID to build expertise and capacity
            within the agency on implementing labor programs, in addition to
            providing a description of current implementation efforts.
                (2) <<NOTE: Notification.>>  Consultation.--Funds
            appropriated by this Act that are made available for labor
            programs administered by USAID shall be subject to prior
            consultation with, and the regular notification procedures of,
            the Committees on Appropriations.

                         international religious freedom

        Sec. 7033. (a) International Religious Freedom Office.--Funds
    appropriated by this Act under the heading ``Diplomatic Programs'' shall
    be made available for the Office of International Religious Freedom,
    Department of State.
        (b) Assistance.--Funds appropriated by this Act under the headings
    ``Economic Support Fund'', ``Democracy Fund'', and ``International
    Broadcasting Operations'' shall be made available for international
    religious freedom programs and funds appropriated by this Act under the
    headings ``International Disaster Assistance'' and ``Migration and
    Refugee Assistance'' shall be made available for humanitarian assistance
    for vulnerable and persecuted ethnic and religious minorities:
    Provided, <<NOTE: Consultation.>>  That funds made available by

    [[Page 136 STAT. 620]]

    this Act under the headings ``Economic Support Fund'' and ``Democracy
    Fund'' pursuant to this section shall be the responsibility of the
    Ambassador-at-Large for International Religious Freedom, in consultation
    with other relevant United States Government officials, and shall be
    subject to prior consultation with the Committees on Appropriations.

        (c) Authority.--Funds appropriated by this Act and prior Acts making
    appropriations for the Department of State, foreign operations, and
    related programs under the heading ``Economic Support Fund'' may be made
    available notwithstanding any other provision of law for assistance for
    ethnic and religious minorities in Iraq and Syria.
        (d) <<NOTE: Extension.>>  Designation of Non-State Actors.--Section
    7033(e) of the Department of State, Foreign Operations, and Related
    Programs Appropriations Act, 2017 (division J of Public Law 115-31)
    shall continue in effect during fiscal year 2022.

                               special provisions

        Sec. 7034. (a) Victims of War, Displaced Children, and Displaced
    Burmese.--Funds appropriated in title III of this Act that are made
    available for victims of war, displaced children, displaced Burmese, and
    to combat trafficking in persons and assist victims of such trafficking,
    may be made available notwithstanding any other provision of law.
        (b) Forensic Assistance.--
                (1) Of the funds appropriated by this Act under the heading
            ``Economic Support Fund'', not less than $19,000,000 shall be
            made available for forensic anthropology assistance related to
            the exhumation and identification of victims of war crimes,
            crimes against humanity, and genocide, which shall be
            administered by the Assistant Secretary for Democracy, Human
            Rights, and Labor, Department of State:  Provided, That such
            funds shall be in addition to funds made available by this Act
            and prior Acts making appropriations for the Department of
            State, foreign operations, and related programs for assistance
            for countries.
                (2) Of the funds appropriated by this Act under the heading
            ``International Narcotics Control and Law Enforcement'', not
            less than $10,000,000 shall be made available for DNA forensic
            technology programs to combat human trafficking in Central
            America and Mexico.

        (c) Atrocities Prevention.--Of the funds appropriated by this Act
    under the headings ``Economic Support Fund'' and ``International
    Narcotics Control and Law Enforcement'', not less than $5,000,000 shall
    be made available for programs to prevent atrocities:  Provided, That
    funds made available pursuant to this subsection are in addition to
    amounts otherwise made available for such purposes:  Provided
    further, <<NOTE: Notification.>>  That such funds shall be subject to
    the regular notification procedures of the Committees on Appropriations.

        (d) World Food Programme.--Funds managed by the Bureau for
    Humanitarian Assistance, United States Agency for International
    Development, from this or any other Act, may be made available as a
    general contribution to the World Food Programme, notwithstanding any
    other provision of law.
        (e) Directives and Authorities.--

    [[Page 136 STAT. 621]]

                (1) Research and training.--Funds appropriated by this Act
            under the heading ``Assistance for Europe, Eurasia and Central
            Asia'' shall be made available to carry out the Program for
            Research and Training on Eastern Europe and the Independent
            States of the Former Soviet Union as authorized by the Soviet-
            Eastern European Research and Training Act of 1983 (22 U.S.C.
            4501 et seq.).
                (2) <<NOTE: Notification.>>  Genocide victims memorial
            sites.--Funds appropriated by this Act and prior Acts making
            appropriations for the Department of State, foreign operations,
            and related programs under the headings ``Economic Support
            Fund'' and ``Assistance for Europe, Eurasia and Central Asia''
            may be made available as contributions to establish and maintain
            memorial sites of genocide, subject to the regular notification
            procedures of the Committees on Appropriations.
                (3) Private sector partnerships.--Of the funds appropriated
            by this Act under the headings ``Development Assistance'' and
            ``Economic Support Fund'' that are made available for private
            sector partnerships, including partnerships with philanthropic
            foundations, up to $50,000,000 may remain available until
            September 30, 2024:
            Provided, <<NOTE: Consultation. Notification.>>  That funds made
            available pursuant to this paragraph may only be made available
            following prior consultation with, and the regular notification
            procedures of, the Committees on Appropriations.
                (4) Additional authorities.--Of the amounts made available
            by this Act under the heading ``Diplomatic Programs'', up to
            $500,000 may be made available for grants pursuant to section
            504 of the Foreign Relations Authorization Act, Fiscal Year 1979
            (22 U.S.C. 2656d), including to facilitate collaboration with
            Indigenous communities, and under the heading ``Educational and
            Cultural Exchange Programs'', up to $1,000,000 may be made
            available for grants to carry out the activities of the Cultural
            Antiquities Task Force.
                (5) Innovation.--The USAID Administrator may use funds
            appropriated by this Act under title III to make innovation
            incentive awards in accordance with the terms and conditions of
            section 7034(e)(4) of the Department of State, Foreign
            Operations, and Related Programs Appropriations Act, 2019
            (division F of Public Law 116-6):  Provided, That each
            individual award may not exceed $100,000:  Provided further,
            That no more than 15 such awards may be made during fiscal year
            2022.
                (6) Development innovation ventures.--Funds appropriated by
            this Act under the heading ``Development Assistance'' and made
            available for the Development Innovation Ventures program may be
            made available for the purposes of chapter I of part I of the
            Foreign Assistance Act of 1961.
                (7) Exchange visitor program.--None of the funds made
            available by this Act may be used to modify the Exchange Visitor
            Program administered by the Department of State to implement the
            Mutual Educational and Cultural Exchange Act of 1961 (Public Law
            87-256; 22 U.S.C. 2451 et seq.), except through the formal
            rulemaking process pursuant to the Administrative Procedure Act
            (5 U.S.C. 551 et seq.) and notwithstanding the exceptions to
            such rulemaking process in such Act:
            Provided, <<NOTE: Consultation. Notification.>>  That funds made
            available for such purpose shall only be made available after
            consultation with, and subject

    [[Page 136 STAT. 622]]

            to the regular notification procedures of, the Committees on
            Appropriations, regarding how any proposed modification would
            affect the public diplomacy goals of, and the estimated economic
            impact on, the United States:  Provided
            further, <<NOTE: Deadline. Federal Register, publication.>>
            That such consultation shall take place not later than 30 days
            prior to the publication in the Federal Register of any
            regulatory action modifying the Exchange Visitor Program.
                (8) Payments.--Funds appropriated by this Act and prior Acts
            making appropriations for the Department of State, foreign
            operations, and related programs under the heading ``Diplomatic
            Programs'', except for funds designated by Congress as an
            emergency requirement pursuant to a concurrent resolution on the
            budget or the Balanced Budget and Emergency Deficit Control Act
            of 1985, are available to provide payments pursuant to section
            901(i)(2) of title IX of division J of the Further Consolidated
            Appropriations Act, 2020 (22 U.S.C. 2680b(i)(2)):
            Provided, <<NOTE: Consultation.>>  That funds made available
            pursuant to this paragraph shall be subject to prior
            consultation with the Committees on Appropriations.
                (9) Transatlantic engagement.--Funds appropriated by this
            Act under the heading ``Diplomatic Programs'' are available for
            support of an institute for transatlantic engagement if
            legislation establishing such institute is enacted into law by
            September 30, 2022:  Provided, That in the event that such
            legislation is not enacted into law by such date, the amounts
            described in this paragraph shall be available under the heading
            ``Diplomatic Programs'' for the purposes provided therein.

        (f) <<NOTE: Consultation.>>  Partner Vetting.--Prior to initiating a
    partner vetting program, providing a direct vetting option, or making a
    significant change to the scope of an existing partner vetting program,
    the Secretary of State and USAID Administrator, as appropriate, shall
    consult with the Committees on Appropriations:
    Provided, <<NOTE: Notification.>>  That the Secretary and the
    Administrator shall provide a direct vetting option for prime awardees
    in any partner vetting program initiated or significantly modified after
    the date of enactment of this Act, unless the Secretary of State or
    USAID Administrator, as applicable, informs the Committees on
    Appropriations on a case-by-case basis that a direct vetting option is
    not feasible for such program.

        (g) Contingencies.--During fiscal year 2022, the President may use
    up to $145,000,000 under the authority of section 451 of the Foreign
    Assistance Act of 1961, notwithstanding any other provision of law.
        (h) International Child Abductions. <<NOTE: Compliance.>> --The
    Secretary of State should withhold funds appropriated under title III of
    this Act for assistance for the central government of any country that
    is not taking appropriate steps to comply with the Convention on the
    Civil Aspects of International Child Abductions, done at the Hague on
    October 25, 1980:  Provided, <<NOTE: Reports.>>  That the Secretary
    shall report to the Committees on Appropriations within 15 days of
    withholding funds under this subsection.

        (i) <<NOTE: Deadline.>>  Transfer of Funds for Extraordinary
    Protection.--The Secretary of State may transfer to, and merge with,
    funds under the heading ``Protection of Foreign Missions and Officials''
    unobligated balances of expired funds appropriated under the heading
    ``Diplomatic Programs'' for fiscal year 2022, at no later than the end
    of the fifth fiscal year after the last fiscal year

    [[Page 136 STAT. 623]]

    for which such funds are available for the purposes for which
    appropriated:  Provided, That not more than $50,000,000 may be
    transferred.

        (j) Authority.--Funds made available by this Act under the heading
    ``Economic Support Fund'' to counter extremism may be made available
    notwithstanding any other provision of law restricting assistance to
    foreign countries, except sections 502B, 620A, and 620M of the Foreign
    Assistance Act of 1961:  Provided, That
    the <<NOTE: Consultation. Notification.>>  use of the authority of this
    subsection shall be subject to prior consultation with the appropriate
    congressional committees and the regular notification procedures of the
    Committees on Appropriations.

        (k) Protections and Remedies for Employees of Diplomatic Missions
    and International Organizations. <<NOTE: Extension.>> --The terms and
    conditions of section 7034(k) of the Department of State, Foreign
    Operations, and Related Programs Appropriations Act, 2020 (division G of
    Public Law 116-94) shall continue in effect during fiscal year 2022.

        (l) Extension of Authorities.--
                (1) <<NOTE: Applicability. 22 USC 214 note.>>  Passport
            fees.--Section 1(b)(2) of the Passport Act of June 4, 1920 (22
            U.S.C. 214(b)(2)) shall be applied by substituting ``September
            30, 2022'' for ``September 30, 2010''.
                (2) Incentives for critical posts. <<NOTE: Extension.>> --
            The authority contained in section 1115(d) of the Supplemental
            Appropriations Act, 2009 (Public Law 111-32) shall remain in
            effect through September 30, 2022.
                (3) <<NOTE: Applicability. 22 USC 2385 note.>>  USAID civil
            service annuitant waiver.--Section 625(j)(1) of the Foreign
            Assistance Act of 1961 (22 U.S.C. 2385(j)(1)) shall be applied
            by substituting ``September 30, 2022'' for ``October 1, 2010''
            in subparagraph (B).
                (4) Overseas pay comparability and
            limitation. <<NOTE: Extension.>> --(A) Subject to the limitation
            described in subparagraph (B), the authority provided by section
            1113 of the Supplemental Appropriations Act, 2009 (Public Law
            111-32) shall remain in effect through September 30, 2022.
                (B) The authority described in subparagraph (A) may not be
            used to pay an eligible member of the Foreign Service (as
            defined in section 1113(b) of the Supplemental Appropriations
            Act, 2009 (Public Law 111-32)) a locality-based comparability
            payment (stated as a percentage) that exceeds two-thirds of the
            amount of the locality-based comparability payment (stated as a
            percentage) that would be payable to such member under section
            5304 of title 5, United States Code, if such member's official
            duty station were in the District of Columbia.
                (5) Categorical eligibility.--The Foreign Operations, Export
            Financing, and Related Programs Appropriations Act, 1990 (Public
            Law 101-167) is amended--
                        (A) in section 599D (8 U.S.C. 1157 note)--
                              (i) in subsection (b)(3), by striking ``and
                          2021'' and inserting ``2021, and 2022''; and
                              (ii) in subsection (e), by striking ``2021''
                          each place it appears and inserting ``2022''; and
                        (B) in section 599E(b)(2) (8 U.S.C. 1255 note), by
                    striking ``2021'' and inserting ``2022''.

    [[Page 136 STAT. 624]]

                (6) Inspector general annuitant
            waiver. <<NOTE: Extension. Somalia. South
            Sudan. Syria. Venezuela. Yemen.>> --The authorities provided in
            section 1015(b) of the Supplemental Appropriations Act, 2010
            (Public Law 111-212) shall remain in effect through September
            30, 2022, and may be used to facilitate the assignment of
            persons for oversight of programs in Somalia, South Sudan,
            Syria, Venezuela, and Yemen.
                (7) Special inspector general for afghanistan reconstruction
            competitive status. <<NOTE: Time period.>> --Notwithstanding any
            other provision of law, any employee of the Special Inspector
            General for Afghanistan Reconstruction (SIGAR) who completes at
            least 12 months of continuous service after enactment of this
            Act or who is employed on the date on which SIGAR terminates,
            whichever occurs first, shall acquire competitive status for
            appointment to any position in the competitive service for which
            the employee possesses the required qualifications.
                (8) Accountability review boards. <<NOTE: Extension. 22 USC
            4831 note.>> --The authority provided by section 301(a)(3) of
            the Omnibus Diplomatic Security and Antiterrorism Act of 1986
            (22 U.S.C. 4831(a)(3)) shall remain in effect for facilities in
            Afghanistan through September 30, 2022, except that the
            notification and reporting requirements contained in such
            section shall include the Committees on Appropriations.
                (9) <<NOTE: Extension. 8 USC 1715 note.>>  Transfer of
            balances.--Section 7081(h) of the Department of State, Foreign
            Operations, and Related Programs Appropriations Act, 2017
            (division J of Public Law 115-31) shall continue in effect
            during fiscal year 2022.
                (10) Department of state inspector general waiver
            authority.--The Inspector General of the Department of State may
            waive the provisions of subsections (a) through (d) of section
            824 of the Foreign Service Act of 1980 (22 U.S.C. 4064) on a
            case-by-case basis for an annuitant reemployed by the Inspector
            General on a temporary basis, subject to the same constraints
            and in the same manner by which the Secretary of State may
            exercise such waiver authority pursuant to subsection (g) of
            such section.

        (m) Monitoring and Evaluation.--
                (1) Beneficiary feedback.--Funds appropriated by this Act
            that are made available for monitoring and evaluation of
            assistance under the headings ``Development Assistance'',
            ``International Disaster Assistance'', and ``Migration and
            Refugee Assistance'' shall be made available for the regular and
            systematic collection of feedback obtained directly from
            beneficiaries to enhance the quality and relevance of such
            assistance:  Provided, <<NOTE: Deadline. Web
            posting. Procedures. Guidelines.>>  That not later than 180 days
            after enactment of this Act, the Department of State and USAID
            shall post on their respective websites updated procedures for
            implementing partners that receive funds under such headings for
            regularly and systematically collecting and responding to such
            feedback, including guidelines for the reporting on actions
            taken in response to the feedback received:  Provided
            further, <<NOTE: Oversight.>>  That the Secretary of State and
            USAID Administrator shall regularly conduct oversight to ensure
            that such feedback is regularly collected and used by
            implementing partners to maximize the cost-effectiveness and
            utility of such assistance.
                (2) Ex-post evaluations.--Of the funds appropriated by this
            Act under titles III and IV, not less than $10,000,000

    [[Page 136 STAT. 625]]

            shall be made available for ex-post evaluations of the
            effectiveness and sustainability of United States Government-
            funded assistance programs.

        (n) HIV/AIDS Working Capital Fund.--Funds available in the HIV/AIDS
    Working Capital Fund established pursuant to section 525(b)(1) of the
    Foreign Operations, Export Financing, and Related Programs
    Appropriations Act, 2005 (Public Law 108-447) may be made available for
    pharmaceuticals and other products for child survival, malaria,
    tuberculosis, and emerging infectious diseases to the same extent as
    HIV/AIDS pharmaceuticals and other products, subject to the terms and
    conditions in such section:  Provided, <<NOTE: Notification.>>  That the
    authority in section 525(b)(5) of the Foreign Operations, Export
    Financing, and Related Programs Appropriation Act, 2005 (Public Law 108-
    447) shall be exercised by the Assistant Administrator for Global
    Health, USAID, with respect to funds deposited for such non-HIV/AIDS
    pharmaceuticals and other products, and shall be subject to the regular
    notification procedures of the Committees on Appropriations:  Provided
    further, That the Secretary of State shall include in the congressional
    budget justification an accounting of budgetary resources,
    disbursements, balances, and reimbursements related to such fund.

        (o) <<NOTE: Jordan. Egypt. Tunisia. Ukraine.>>  Loans, Consultation,
    and Notification.--
                (1) Loan guarantees.--Funds appropriated under the headings
            ``Economic Support Fund'' and ``Assistance for Europe, Eurasia
            and Central Asia'' by this Act and prior Acts making
            appropriations for the Department of State, foreign operations,
            and related programs may be made available for the costs, as
            defined in section 502 of the Congressional Budget Act of 1974,
            of loan guarantees for Egypt, Jordan, Tunisia, and Ukraine,
            which are authorized to be provided:  Provided, That amounts
            made available under this paragraph for the costs of such
            guarantees shall not be considered assistance for the purposes
            of provisions of law limiting assistance to a country.
                (2) Consultation and notification.--Funds made available
            pursuant to the authorities of this subsection shall be subject
            to prior consultation with the appropriate congressional
            committees and the regular notification procedures of the
            Committees on Appropriations.

        (p) Local Works.--
                (1) Funding.--Of the funds appropriated by this Act under
            the headings ``Development Assistance'' and ``Economic Support
            Fund'', not less than $80,000,000 shall be made available for
            Local Works pursuant to section 7080 of the Department of State,
            Foreign Operations, and Related Programs Appropriations Act,
            2015 (division J of Public Law 113-235), which may remain
            available until September 30, 2026.
                (2) <<NOTE: Definition. Time period. 22 USC 2152i note.>>
            Eligible entities.--For the purposes of section 7080 of the
            Department of State, Foreign Operations, and Related Programs
            Appropriations Act, 2015 (division J of Public Law 113-235),
            ``eligible entities'' shall be defined as small local,
            international, and United States-based nongovernmental
            organizations, educational institutions, and other small
            entities that have received less than a total of $5,000,000 from
            USAID over the previous 5 fiscal years:  Provided, That
            departments or centers of such educational institutions may be
            considered individually in determining such eligibility.

    [[Page 136 STAT. 626]]

        (q) Extension of Procurement Authority.--Section 7077 of the
    Department of State, Foreign Operations, and Related Programs
    Appropriations Act, 2012 (division I of Public Law 112-74) shall
    continue in effect during fiscal year 2022.
        (r) Section 889. <<NOTE: Consultation.>> --For the purposes of
    obligations and expenditures made with funds appropriated by this Act
    and prior Acts making appropriations for the Department of State,
    foreign operations, and related programs, the waiver authority in
    section 889(d)(2) of the John S. McCain National Defense Authorization
    Act for Fiscal Year 2019 (Public Law 115-232) may also be available to
    the Secretary of State, following consultation with the Director of
    National Intelligence:  Provided, <<NOTE: Reports.>>  That not later
    than 60 days after enactment of the Act, the Secretary of State shall
    submit to the appropriate congressional committees a report detailing
    the use of the authority of this subsection since enactment of the Act,
    which shall include the scope and duration of any waiver granted, the
    entity covered by such waiver, and a detailed description of the
    national security interest served:  Provided
    further, <<NOTE: Reports. Updates. Time period. Termination date.>>
    That such report shall be updated every 60 days until September 30,
    2023.

        (s) Impact on Jobs. <<NOTE: Extension.>> --Section 7056 of the
    Department of State, Foreign Operations, and Related Programs
    Appropriations Act, 2021 (division K of Public Law 116-260) shall
    continue in effect during fiscal year 2022.

        (t) Definitions.--
                (1) <<NOTE: 8 USC 1182 note.>>  Appropriate congressional
            committees.--Unless otherwise defined in this Act, for purposes
            of this Act the term ``appropriate congressional committees''
            means the Committees on Appropriations and Foreign Relations of
            the Senate and the Committees on Appropriations and Foreign
            Affairs of the House of Representatives.
                (2) Funds appropriated by this act and prior acts.--Unless
            otherwise defined in this Act, for purposes of this Act the term
            ``funds appropriated by this Act and prior Acts making
            appropriations for the Department of State, foreign operations,
            and related programs'' means funds that remain available for
            obligation, and have not expired.
                (3) <<NOTE: 22 USC 262h note.>>  International financial
            institutions.--In this Act ``international financial
            institutions'' means the International Bank for Reconstruction
            and Development, the International Development Association, the
            International Finance Corporation, the Inter-American
            Development Bank, the International Monetary Fund, the
            International Fund for Agricultural Development, the Asian
            Development Bank, the Asian Development Fund, the Inter-American
            Investment Corporation, the North American Development Bank, the
            European Bank for Reconstruction and Development, the African
            Development Bank, the African Development Fund, and the
            Multilateral Investment Guarantee Agency.
                (4) Spend plan.--In this Act, the term ``spend plan'' means
            a plan for the uses of funds appropriated for a particular
            entity, country, program, purpose, or account and which shall
            include, at a minimum, a description of--
                        (A) realistic and sustainable goals, criteria for
                    measuring progress, and a timeline for achieving such
                    goals;
                        (B) amounts and sources of funds by account;

    [[Page 136 STAT. 627]]

                        (C) how such funds will complement other ongoing or
                    planned programs; and
                        (D) implementing partners, to the maximum extent
                    practicable.
                (5) Successor operating unit.--Any reference to a particular
            USAID operating unit or office in this Act or prior Acts making
            appropriations for the Department of State, foreign operations,
            and related programs shall be deemed to include any successor
            operating unit or office performing the same or similar
            functions.
                (6) <<NOTE: 22 USC 2151 note.>>  USAID.--In this Act, the
            term ``USAID'' means the United States Agency for International
            Development.

                          law enforcement and security

        Sec. 7035. (a) Assistance.--
                (1) Community-based police assistance.--Funds made available
            under titles III and IV of this Act to carry out the provisions
            of chapter 1 of part I and chapters 4 and 6 of part II of the
            Foreign Assistance Act of 1961, may be used, notwithstanding
            section 660 of that Act, to enhance the effectiveness and
            accountability of civilian police authority through training and
            technical assistance in human rights, the rule of law, anti-
            corruption, strategic planning, and through assistance to foster
            civilian police roles that support democratic governance,
            including assistance for programs to prevent conflict, respond
            to disasters, address gender-based violence, and foster improved
            police relations with the communities they serve.
                (2) Counterterrorism partnerships fund.--Funds appropriated
            by this Act under the heading ``Nonproliferation, Anti-
            terrorism, Demining and Related Programs'' shall be made
            available for the Counterterrorism Partnerships Fund for
            programs in areas liberated from, under the influence of, or
            adversely affected by, the Islamic State of Iraq and Syria or
            other terrorist organizations:  Provided, <<NOTE: Iraq.>>  That
            such areas shall include the Kurdistan Region of Iraq:  Provided
            further, That prior to the obligation of funds made available
            pursuant to this paragraph, the Secretary of State shall take
            all practicable steps to ensure that mechanisms are in place for
            monitoring, oversight, and control of such funds:  Provided
            further, <<NOTE: Consultation. Notification.>>  That funds made
            available pursuant to this paragraph shall be subject to prior
            consultation with, and the regular notification procedures of,
            the Committees on Appropriations.
                (3) Combat casualty care.--
                        (A) Consistent with the objectives of the Foreign
                    Assistance Act of 1961 and the Arms Export Control Act,
                    funds appropriated by this Act under the headings
                    ``Peacekeeping Operations'' and ``Foreign Military
                    Financing Program'' shall be made available for combat
                    casualty training and equipment in an amount above the
                    prior fiscal year.
                        (B) The Secretary of State shall offer combat
                    casualty care training and equipment as a component of
                    any package of lethal assistance funded by this Act with
                    funds appropriated under the headings ``Peacekeeping
                    Operations'' and ``Foreign Military Financing Program'':
                     Provided, <<NOTE: Applicability. Determination.>>  That
                    the requirement of this subparagraph shall apply to a
                    country

    [[Page 136 STAT. 628]]

                    in conflict, unless the Secretary determines that such
                    country has in place, to the maximum extent practicable,
                    functioning combat casualty care treatment and equipment
                    that meets or exceeds the standards recommended by the
                    Committee on Tactical Combat Casualty Care:  Provided
                    further, That any such training and equipment for combat
                    casualty care shall be made available through an open
                    and competitive process.
                (4) Training related to international humanitarian law.--The
            Secretary of State shall offer training related to the
            requirements of international humanitarian law as a component of
            any package of lethal assistance funded by this Act with funds
            appropriated under the headings ``Peacekeeping Operations'' and
            ``Foreign Military Financing Program'':  Provided, That the
            requirement of this paragraph shall not apply to a country that
            is a member of the North Atlantic Treaty Organization (NATO), is
            a major non-NATO ally designated by section 517(b) of the
            Foreign Assistance Act of 1961, or is complying with
            international humanitarian law:  Provided further, That any such
            training shall be made available through an open and competitive
            process.
                (5) International prison conditions.--Funds appropriated by
            this Act under the headings ``Development Assistance'',
            ``Economic Support Fund'', and ``International Narcotics Control
            and Law Enforcement'' shall be made available for assistance to
            eliminate inhumane conditions in foreign prisons and other
            detention facilities, notwithstanding section 660 of the Foreign
            Assistance Act of 1961:
            Provided, <<NOTE: Consultation. Deadline.>> That the Secretary
            of State and the USAID Administrator shall consult with the
            Committees on Appropriations on the proposed uses of such funds
            prior to obligation and not later than 60 days after enactment
            of this Act:  Provided further, That such funds shall be in
            addition to funds otherwise made available by this Act for such
            purpose.

        (b) Authorities.--
                (1) Reconstituting civilian police authority.--In providing
            assistance with funds appropriated by this Act under section
            660(b)(6) of the Foreign Assistance Act of 1961, support for a
            nation emerging from instability may be deemed to mean support
            for regional, district, municipal, or other sub-national entity
            emerging from instability, as well as a nation emerging from
            instability.
                (2) Disarmament, demobilization, and reintegration.--Section
            7034(d) <<NOTE: Extension.>>  of the Department of State,
            Foreign Operations, and Related Programs Appropriations Act,
            2015 (division J of Public Law 113-235) shall continue in effect
            during fiscal year 2022.
                (3) Extension of war reserves stockpile authority.--(A)
            Section 12001(d) of the Department of Defense Appropriations
            Act, 2005 (Public Law 108-287; 118 Stat. 1011) is amended by
            striking ``of this section'' and all that follows through the
            period at the end and inserting ``of this section after
            September 30, 2025.''.
                (B) Section 514(b)(2)(A) of the Foreign Assistance Act of
            1961 (22 U.S.C. 2321h(b)(2)(A) is amended by striking ``and
            2023'' and inserting ``2023, 2024, and 2025''.

    [[Page 136 STAT. 629]]

            (4) <<NOTE: Notification. Israel. Egypt. NATO. President. Determi
            nation.>>  Commercial leasing of defense articles.--
            Notwithstanding any other provision of law, and subject to the
            regular notification procedures of the Committees on
            Appropriations, the authority of section 23(a) of the Arms
            Export Control Act (22 U.S.C. 2763) may be used to provide
            financing to Israel, Egypt, the North Atlantic Treaty
            Organization (NATO), and major non-NATO allies for the
            procurement by leasing (including leasing with an option to
            purchase) of defense articles from United States commercial
            suppliers, not including Major Defense Equipment (other than
            helicopters and other types of aircraft having possible civilian
            application), if the President determines that there are
            compelling foreign policy or national security reasons for those
            defense articles being provided by commercial lease rather than
            by government-to-government sale under such Act.
                (5) Special defense acquisition fund.--Not to exceed
            $900,000,000 may be obligated pursuant to section 51(c)(2) of
            the Arms Export Control Act (22 U.S.C. 2795(c)(2)) for the
            purposes of the Special Defense Acquisition Fund (the Fund), to
            remain available for obligation until September 30, 2024:
            Provided, That the provision of defense articles and defense
            services to foreign countries or international organizations
            from the Fund shall be subject to the concurrence of the
            Secretary of State.
                (6) Duty to inform and public disclosure.--Section 620M of
            the Foreign Assistance Act of 1961 (Limitation on Assistance to
            Security Forces) <<NOTE: 22 USC 2378d.>>  is amended as
            follows--
                        (A) In subsection (b), by striking ``Committee on
                    Foreign Relations'' through ``Appropriations'' and
                    inserting in lieu thereof ``appropriate congressional
                    committees''.
                        (B) In subsection (c), by striking everything after
                    ``Duty to Inform.--'' and inserting--
                ``(1) <<NOTE: List. Effective
            date. Contracts. Compliance.>>  If assistance to a foreign
            security force is provided in a manner in which the recipient
            unit or units cannot be identified prior to the transfer of
            assistance, the Secretary of State shall regularly provide a
            list of units prohibited from receiving assistance pursuant to
            this section to the recipient government and the appropriate
            congressional committees and, effective December 31, 2022, such
            assistance shall only be made available subject to a written
            agreement that the recipient government will comply with such
            prohibition.
                ``(2) If the recipient government withholds assistance from
            a unit pursuant to this section, the Secretary shall inform the
            appropriate congressional committees and shall, to the maximum
            extent practicable, assist the foreign government in bringing
            the responsible members of the unit to justice.''.
                        (C) After subsection (d), by inserting the following
                    new subsection:

        ``(e) Definitions.--
                ``(1) <<NOTE: Public information. Determination. Reports.>>
            For the purposes of subsection (d)(7), the term `to the maximum
            extent practicable' means that the identity of such units shall
            be made publicly available unless the Secretary of State, on a
            case-by-case basis, determines and reports to the appropriate
            congressional committees that public disclosure is not in the
            national security interest of the United States and provides a
            detailed justification for such determination, which may be
            submitted in classified form.

    [[Page 136 STAT. 630]]

                ``(2) For the purposes of this section, `appropriate
            congressional committees' means the Committee on Foreign
            Relations and the Committee on Appropriations of the Senate, and
            the Committee on Foreign Affairs and the Committee on
            Appropriations of the House of Representatives.''.

        (c) Limitations.--
                (1) Child soldiers.--Funds appropriated by this Act should
            not be used to support any military training or operations that
            include child soldiers.
                (2) Landmines and cluster munitions.--
                        (A) Landmines.--Notwithstanding any other provision
                    of law, demining equipment available to the United
                    States Agency for International Development and the
                    Department of State and used in support of the clearance
                    of landmines and unexploded ordnance for humanitarian
                    purposes may be disposed of on a grant basis in foreign
                    countries, subject to such terms and conditions as the
                    Secretary of State may prescribe.
                        (B) Cluster munitions.--No military assistance shall
                    be furnished for cluster munitions, no defense export
                    license for cluster munitions may be issued, and no
                    cluster munitions or cluster munitions technology shall
                    be sold or transferred, unless--
                              (i) the submunitions of the cluster munitions,
                          after arming, do not result in more than 1 percent
                          unexploded ordnance across the range of intended
                          operational environments, and the agreement
                          applicable to the assistance, transfer, or sale of
                          such cluster munitions or cluster munitions
                          technology specifies that the cluster munitions
                          will only be used against clearly defined military
                          targets and will not be used where civilians are
                          known to be present or in areas normally inhabited
                          by civilians; or
                              (ii) such assistance, license, sale, or
                          transfer is for the purpose of demilitarizing or
                          permanently disposing of such cluster munitions.
                (3) <<NOTE: Determination.>>  Crowd control.--If the
            Secretary of State has information that a unit of a foreign
            security force uses excessive force to repress peaceful
            expression or assembly concerning corruption, harm to the
            environment or human health, or the fairness of electoral
            processes, or in countries that are undemocratic or undergoing
            democratic transition, the Secretary shall promptly determine if
            such information is credible:  Provided, That if the information
            is determined to be credible, funds appropriated by this Act
            should not be used for tear gas, small arms, light weapons,
            ammunition, or other items for crowd control purposes for such
            unit.

        (d) Reports.--
                (1) Security assistance report.--Not later than 120 days
            after enactment of this Act, the Secretary of State shall submit
            to the Committees on Appropriations a report on funds obligated
            and expended during fiscal year 2021, by country and purpose of
            assistance, under the headings ``Peacekeeping Operations'',
            ``International Military Education and Training'', and ``Foreign
            Military Financing Program''.
                (2) <<NOTE: Definition.>>  Annual foreign military training
            report.--For the purposes of implementing section 656 of the
            Foreign Assistance

    [[Page 136 STAT. 631]]

            Act of 1961, the term ``military training provided to foreign
            military personnel by the Department of Defense and the
            Department of State'' shall be deemed to include all military
            training provided by foreign governments with funds appropriated
            to the Department of Defense or the Department of State, except
            for training provided by the government of a country designated
            by section 517(b) of such Act (22 U.S.C. 2321k(b)) as a major
            non-North Atlantic Treaty Organization ally:  Provided, That
            such third-country training shall be clearly identified in the
            report submitted pursuant to section 656 of such Act.

                          arab league boycott of israel

        Sec. 7036.  It is the sense of the Congress that--
                (1) the Arab League boycott of Israel, and the secondary
            boycott of American firms that have commercial ties with Israel,
            is an impediment to peace in the region and to United States
            investment and trade in the Middle East and North Africa;
                (2) the Arab League boycott, which was regrettably
            reinstated in 1997, should be immediately and publicly
            terminated, and the Central Office for the Boycott of Israel
            immediately disbanded;
                (3) all Arab League states should normalize relations with
            their neighbor Israel;
                (4) the President and the Secretary of State should continue
            to vigorously oppose the Arab League boycott of Israel and find
            concrete steps to demonstrate that opposition by, for example,
            taking into consideration the participation of any recipient
            country in the boycott when determining to sell weapons to said
            country; and
                (5) the President should report to Congress annually on
            specific steps being taken by the United States to encourage
            Arab League states to normalize their relations with Israel to
            bring about the termination of the Arab League boycott of
            Israel, including those to encourage allies and trading partners
            of the United States to enact laws prohibiting businesses from
            complying with the boycott and penalizing businesses that do
            comply.

                              palestinian statehood

        Sec. 7037. (a) Limitation on
    Assistance. <<NOTE: Determination. Certification.>> --None of the funds
    appropriated under titles III through VI of this Act may be provided to
    support a Palestinian state unless the Secretary of State determines and
    certifies to the appropriate congressional committees that--
                (1) the governing entity of a new Palestinian state--
                        (A) has demonstrated a firm commitment to peaceful
                    co-existence with the State of Israel; and
                        (B) is taking appropriate measures to counter
                    terrorism and terrorist financing in the West Bank and
                    Gaza, including the dismantling of terrorist
                    infrastructures, and is cooperating with appropriate
                    Israeli and other appropriate security organizations;
                    and
                (2) the Palestinian Authority (or the governing entity of a
            new Palestinian state) is working with other countries in the
            region to vigorously pursue efforts to establish a just,

    [[Page 136 STAT. 632]]

            lasting, and comprehensive peace in the Middle East that will
            enable Israel and an independent Palestinian state to exist
            within the context of full and normal relationships, which
            should include--
                        (A) termination of all claims or states of
                    belligerency;
                        (B) respect for and acknowledgment of the
                    sovereignty, territorial integrity, and political
                    independence of every state in the area through measures
                    including the establishment of demilitarized zones;
                        (C) their right to live in peace within secure and
                    recognized boundaries free from threats or acts of
                    force;
                        (D) freedom of navigation through international
                    waterways in the area; and
                        (E) a framework for achieving a just settlement of
                    the refugee problem.

        (b) Sense of Congress.--It is the sense of Congress that the
    governing entity should enact a constitution assuring the rule of law,
    an independent judiciary, and respect for human rights for its citizens,
    and should enact other laws and regulations assuring transparent and
    accountable governance.
        (c) <<NOTE: President. Determination.>>  Waiver.--The President may
    waive subsection (a) if the President determines that it is important to
    the national security interest of the United States to do so.

        (d) Exemption.--The restriction in subsection (a) shall not apply to
    assistance intended to help reform the Palestinian Authority and
    affiliated institutions, or the governing entity, in order to help meet
    the requirements of subsection (a), consistent with the provisions of
    section 7040 of this Act (``Limitation on Assistance for the Palestinian
    Authority'').

      prohibition on assistance to the palestinian broadcasting corporation

        Sec. 7038.  None of the funds appropriated or otherwise made
    available by this Act may be used to provide equipment, technical
    support, consulting services, or any other form of assistance to the
    Palestinian Broadcasting Corporation.

                      assistance for the west bank and gaza

        Sec.
    7039. <<NOTE: Deadline. Certification. Procedures. Records. Review.>>
    (a) Oversight.--For fiscal year 2022, 30 days prior to the initial
    obligation of funds for the bilateral West Bank and Gaza Program, the
    Secretary of State shall certify to the Committees on Appropriations
    that procedures have been established to assure the Comptroller General
    of the United States will have access to appropriate United States
    financial information in order to review the uses of United States
    assistance for the Program funded under the heading ``Economic Support
    Fund'' for the West Bank and Gaza.

        (b) Vetting. <<NOTE: Terrorism. Determinations.>> --Prior to the
    obligation of funds appropriated by this Act under the heading
    ``Economic Support Fund'' for assistance for the West Bank and Gaza, the
    Secretary of State shall take all appropriate steps to ensure that such
    assistance is not provided to or through any individual, private or
    government entity, or educational institution that the Secretary knows
    or has reason to believe advocates, plans, sponsors, engages in, or has
    engaged in, terrorist activity nor, with respect to private entities or
    educational institutions, those that have as a principal officer of the

    [[Page 136 STAT. 633]]

    entity's governing board or governing board of trustees any individual
    that has been determined to be involved in, or advocating terrorist
    activity or determined to be a member of a designated foreign terrorist
    organization:  Provided, <<NOTE: Termination.>>  That the Secretary of
    State shall, as appropriate, establish procedures specifying the steps
    to be taken in carrying out this subsection and shall terminate
    assistance to any individual, entity, or educational institution which
    the Secretary has determined to be involved in or advocating terrorist
    activity.

        (c) Prohibition.--
                (1) Recognition of acts of terrorism.--None of the funds
            appropriated under titles III through VI of this Act for
            assistance under the West Bank and Gaza Program may be made
            available for--
                        (A) the purpose of recognizing or otherwise honoring
                    individuals who commit, or have committed acts of
                    terrorism; and
                        (B) <<NOTE: Determination.>>  any educational
                    institution located in the West Bank or Gaza that is
                    named after an individual who the Secretary of State
                    determines has committed an act of terrorism.
                (2) Security assistance and reporting requirement.--
            Notwithstanding any other provision of law, none of the funds
            made available by this or prior appropriations Acts, including
            funds made available by transfer, may be made available for
            obligation for security assistance for the West Bank and Gaza
            until the Secretary of State reports to the Committees on
            Appropriations on--
                        (A) <<NOTE: Compliance.>>  the benchmarks that have
                    been established for security assistance for the West
                    Bank and Gaza and on the extent of Palestinian
                    compliance with such benchmarks; and
                        (B) the steps being taken by the Palestinian
                    Authority to end torture and other cruel, inhuman, and
                    degrading treatment of detainees, including by bringing
                    to justice members of Palestinian security forces who
                    commit such crimes.

        (d) <<NOTE: Audits.>>  Oversight by the United States Agency for
    International Development.--
                (1) <<NOTE: Contracts. Grants. Deadline.>>  The
            Administrator of the United States Agency for International
            Development shall ensure that Federal or non-Federal audits of
            all contractors and grantees, and significant subcontractors and
            sub-grantees, under the West Bank and Gaza Program, are
            conducted at least on an annual basis to ensure, among other
            things, compliance with this section.
                (2) Of the funds appropriated by this Act, up to $1,300,000
            may be used by the Office of Inspector General of the United
            States Agency for International Development for audits,
            investigations, and other activities in furtherance of the
            requirements of this subsection:  Provided, That such funds are
            in addition to funds otherwise available for such purposes.

        (e) <<NOTE: Investigation.>>  Comptroller General of the United
    States Audit.--Subsequent to the certification specified in subsection
    (a), the Comptroller General of the United States shall conduct an audit
    and an investigation of the treatment, handling, and uses of all funds
    for the bilateral West Bank and Gaza Program, including all funds
    provided as cash transfer assistance, in fiscal year 2022 under

    [[Page 136 STAT. 634]]

    the heading ``Economic Support Fund'', and such audit shall address--
                (1) <<NOTE: Compliance.>>  the extent to which such Program
            complies with the requirements of subsections (b) and (c); and
                (2) <<NOTE: Examination.>>  an examination of all programs,
            projects, and activities carried out under such Program,
            including both obligations and expenditures.

        (f) Notification Procedures.--Funds made available in this Act for
    West Bank and Gaza shall be subject to the regular notification
    procedures of the Committees on Appropriations.

             limitation on assistance for the palestinian authority

        Sec. 7040. <<NOTE: President.>>  (a) Prohibition of Funds.--None of
    the funds appropriated by this Act to carry out the provisions of
    chapter 4 of part II of the Foreign Assistance Act of 1961 may be
    obligated or expended with respect to providing funds to the Palestinian
    Authority.

        (b) Waiver. <<NOTE: Certification.>> --The prohibition included in
    subsection (a) shall not apply if the President certifies in writing to
    the Speaker of the House of Representatives, the President pro tempore
    of the Senate, and the Committees on Appropriations that waiving such
    prohibition is important to the national security interest of the United
    States.

        (c) Period of Application of Waiver.--Any waiver pursuant to
    subsection (b) shall be effective for no more than a period of 6 months
    at a time and shall not apply beyond 12 months after the enactment of
    this Act.
        (d) Report.--Whenever the waiver authority pursuant to subsection
    (b) is exercised, the President shall submit a report to the Committees
    on Appropriations detailing the justification for the waiver, the
    purposes for which the funds will be spent, and the accounting
    procedures in place to ensure that the funds are properly disbursed:
    Provided, That the report shall also detail the steps the Palestinian
    Authority has taken to arrest terrorists, confiscate weapons and
    dismantle the terrorist infrastructure.
        (e) <<NOTE: Reports.>>  Certification.--If the President exercises
    the waiver authority under subsection (b), the Secretary of State must
    certify and report to the Committees on Appropriations prior to the
    obligation of funds that the Palestinian Authority has established a
    single treasury account for all Palestinian Authority financing and all
    financing mechanisms flow through this account, no parallel financing
    mechanisms exist outside of the Palestinian Authority treasury account,
    and there is a single comprehensive civil service roster and payroll,
    and the Palestinian Authority is acting to counter incitement of
    violence against Israelis and is supporting activities aimed at
    promoting peace, coexistence, and security cooperation with Israel.

        (f) Prohibition to Hamas and the Palestine Liberation
    Organization.--
                (1) None of the funds appropriated in titles III through VI
            of this Act may be obligated for salaries of personnel of the
            Palestinian Authority located in Gaza or may be obligated or
            expended for assistance to Hamas or any entity effectively
            controlled by Hamas, any power-sharing government of which Hamas
            is a member, or that results from an agreement with Hamas and
            over which Hamas exercises undue influence.

    [[Page 136 STAT. 635]]

                (2) <<NOTE: Certification. Reports. Compliance.>>
            Notwithstanding the limitation of paragraph (1), assistance may
            be provided to a power-sharing government only if the President
            certifies and reports to the Committees on Appropriations that
            such government, including all of its ministers or such
            equivalent, has publicly accepted and is complying with the
            principles contained in section 620K(b)(1) (A) and (B) of the
            Foreign Assistance Act of 1961, as amended.
                (3) The President may exercise the authority in section
            620K(e) of the Foreign Assistance Act of 1961, as added by the
            Palestinian Anti-Terrorism Act of 2006 (Public Law 109-446) with
            respect to this subsection.
                (4) <<NOTE: Reports. Time period. Compliance.>>  Whenever
            the certification pursuant to paragraph (2) is exercised, the
            Secretary of State shall submit a report to the Committees on
            Appropriations within 120 days of the certification and every
            quarter thereafter on whether such government, including all of
            its ministers or such equivalent are continuing to comply with
            the principles contained in section 620K(b)(1) (A) and (B) of
            the Foreign Assistance Act of 1961, as amended:  Provided, That
            the report shall also detail the amount, purposes and delivery
            mechanisms for any assistance provided pursuant to the
            abovementioned certification and a full accounting of any direct
            support of such government.
                (5) None of the funds appropriated under titles III through
            VI of this Act may be obligated for assistance for the Palestine
            Liberation Organization.

                          middle east and north africa

        Sec. 7041. (a) Egypt.--
                (1) Certification and report.--Funds appropriated by this
            Act that are available for assistance for Egypt may be made
            available notwithstanding any other provision of law restricting
            assistance for Egypt, except for this subsection and section
            620M of the Foreign Assistance Act of 1961, and may only be made
            available for assistance for the Government of Egypt if the
            Secretary of State certifies and reports to the Committees on
            Appropriations that such government is--
                        (A) sustaining the strategic relationship with the
                    United States; and
                        (B) meeting its obligations under the 1979 Egypt-
                    Israel Peace Treaty.
                (2) Economic support fund.--Of the funds appropriated by
            this Act under the heading ``Economic Support Fund'', not less
            than $125,000,000 shall be made available for assistance for
            Egypt, of which not less than $40,000,000 should be made
            available for higher education programs, including not less than
            $15,000,000 for scholarships for Egyptian students with high
            financial need to attend not-for-profit institutions of higher
            education in Egypt that are currently accredited by a regional
            accrediting agency recognized by the United States Department of
            Education, or meets standards equivalent to those required for
            United States institutional accreditation by a regional
            accrediting agency recognized by such Department:  Provided,
            That such funds shall be made available for democracy programs,
            and for development programs in the Sinai.
                (3) <<NOTE: Reports.>>  Foreign military financing
            program.--

    [[Page 136 STAT. 636]]

                        (A) Certification.--Of the funds appropriated by
                    this Act under the heading ``Foreign Military Financing
                    Program'', $1,300,000,000, to remain available until
                    September 30, 2023, should be made available for
                    assistance for Egypt:
                    Provided, <<NOTE: Consultation. Notification.>>  That
                    such funds may be transferred to an interest bearing
                    account in the Federal Reserve Bank of New York,
                    following consultation with the Committees on
                    Appropriations, and the uses of any interest earned on
                    such funds shall be subject to the regular notification
                    procedures of the Committees on Appropriations:
                    Provided further, <<NOTE: Certification. Human
                    rights.>>  That $235,000,000 of such funds shall be
                    withheld from obligation until the Secretary of State
                    certifies and reports to the Committees on
                    Appropriations that the Government of Egypt is taking
                    sustained and effective steps to--
                              (i) strengthen the rule of law, democratic
                          institutions, and human rights in Egypt, including
                          to protect religious minorities and the rights of
                          women, which are in addition to steps taken during
                          the previous calendar year for such purposes;
                              (ii) implement reforms that protect freedoms
                          of expression, association, and peaceful assembly,
                          including the ability of civil society
                          organizations, human rights defenders, and the
                          media to function without interference;
                              (iii) hold Egyptian security forces
                          accountable, including officers credibly alleged
                          to have violated human rights;
                              (iv) investigate and prosecute cases of
                          extrajudicial killings and forced disappearances;
                          and
                              (v) provide regular access for United States
                          officials to monitor such assistance in areas
                          where the assistance is used:
                      Provided further, That the certification requirement
                    of this paragraph shall not apply to funds appropriated
                    by this Act under such heading for counterterrorism,
                    border security, and nonproliferation programs for
                    Egypt.
                        (B) <<NOTE: Determination.>>  Waiver.--The Secretary
                    of State may waive the certification requirement in
                    subparagraph (A) if the Secretary determines and reports
                    to the Committees on Appropriations that to do so is
                    important to the national security interest of the
                    United States, and submits a report to such Committees
                    containing a detailed justification for the use of such
                    waiver and the reasons why any of the requirements of
                    subparagraph (A) cannot be met:  Provided, That the
                    report required by this paragraph shall be submitted in
                    unclassified form, but may be accompanied by a
                    classified annex.
                        (C) <<NOTE: Determination. Political prisoners.>>
                    In addition to the funds withheld pursuant to
                    subparagraph (A), $85,000,000 of the funds made
                    available pursuant to this paragraph shall be withheld
                    from obligation until the Secretary of State determines
                    and reports to the Committees on Appropriations that the
                    Government of Egypt is making clear and consistent
                    progress in releasing political prisoners, providing
                    detainees with due process of law, and preventing the
                    intimidation and harassment of American citizens.

    [[Page 136 STAT. 637]]

                (4) Pre-obligation determination. <<NOTE: Reports.>> --Prior
            to the initial obligation of funds made available by this Act
            under the heading ``Foreign Military Financing Program'' for
            assistance for Egypt, the Secretary of State shall submit a
            report to the appropriate congressional committees on known
            disputes involving injuries to American citizens caused by the
            Egyptian military, steps taken by the Government of Egypt to
            resolve, or facilitate the just resolution of, such disputes,
            and the remaining obstacles to such a resolution.

        (b) Iran.--
                (1) Funding.--Funds appropriated by this Act under the
            headings ``Diplomatic Programs'', ``Economic Support Fund'', and
            ``Nonproliferation, Anti-terrorism, Demining and Related
            Programs'' shall be made available for the programs and
            activities described under this section in House Report 117-84.
                (2) Reports.--
                        (A) Semi-annual report.--The Secretary of State
                    shall submit to the Committees on Appropriations the
                    semi-annual report required by section 135(d)(4) of the
                    Atomic Energy Act of 1954 (42 U.S.C. 2160e(d)(4)), as
                    added by section 2 of the Iran Nuclear Agreement Review
                    Act of 2015 (Public Law 114-17).
                        (B) Sanctions report. <<NOTE: Consultation.>> --Not
                    later than 180 days after the date of enactment of this
                    Act, the Secretary of State, in consultation with the
                    Secretary of the Treasury, shall submit to the
                    appropriate congressional committees a report on--
                              (i) the status of United States bilateral
                          sanctions on Iran;
                              (ii) the reimposition and renewed enforcement
                          of secondary sanctions; and
                              (iii) the impact such sanctions have had on
                          Iran's destabilizing activities throughout the
                          Middle East.

        (c) Iraq.--
                (1) Purposes.--Funds appropriated under titles III and IV of
            this Act shall be made available for assistance for Iraq for--
                        (A) bilateral economic assistance and international
                    security assistance, including in the Kurdistan Region
                    of Iraq;
                        (B) stabilization assistance, including in Anbar
                    Province;
                        (C) programs to support government transparency and
                    accountability, judicial independence, protect the right
                    of due process, and combat corruption;
                        (D) humanitarian assistance, including in the
                    Kurdistan Region of Iraq; and
                        (E) programs to protect and assist religious and
                    ethnic minority populations in Iraq, including as
                    described under this section in House Report 117-84.
                (2) Basing rights.--None of the funds appropriated or
            otherwise made available by this Act may be used by the
            Government of the United States to enter into a permanent basing
            rights agreement between the United States and Iraq.

        (d) <<NOTE: Disbursement. Grants. Deadline.>>  Israel.--Of the funds
    appropriated by this Act under the heading ``Foreign Military Financing
    Program'', not less than $3,300,000,000 shall be available for grants
    only for Israel which

    [[Page 136 STAT. 638]]

    shall be disbursed within 30 days of enactment of this Act:  Provided,
    That to the extent that the Government of Israel requests that funds be
    used for such purposes, grants made available for Israel under this
    heading shall, as agreed by the United States and Israel, be available
    for advanced weapons systems, of which not less than $785,300,000 shall
    be available for the procurement in Israel of defense articles and
    defense services, including research and development.

        (e) Jordan.--Of the funds appropriated by this Act under titles III
    and IV, not less than $1,650,000,000 shall be made available for
    assistance for Jordan, of which not less than $845,100,000 shall be made
    available for budget support for the Government of Jordan and not less
    than $425,000,000 shall be made available under the heading ``Foreign
    Military Financing Program''.
        (f) Lebanon.--
                (1) Assistance.--Funds appropriated under titles III and IV
            of this Act shall be made available for assistance for Lebanon:
            Provided, That such funds made available under the heading
            ``Economic Support Fund'' may be made available notwithstanding
            section 1224 of the Foreign Relations Authorization Act, Fiscal
            Year 2003 (Public Law 107-228; 22 U.S.C. 2346 note).
                (2) Security assistance.--
                        (A) Funds appropriated by this Act under the
                    headings ``International Narcotics Control and Law
                    Enforcement'' and ``Foreign Military Financing Program''
                    that are made available for assistance for Lebanon may
                    be made available for programs and equipment for the
                    Lebanese Internal Security Forces (ISF) and the Lebanese
                    Armed Forces (LAF) to address security and stability
                    requirements in areas affected by conflict in Syria,
                    following consultation with the appropriate
                    congressional committees.
                        (B) Funds appropriated by this Act under the heading
                    ``Foreign Military Financing Program'' that are made
                    available for assistance for Lebanon may only be made
                    available for programs to--
                              (i) professionalize the LAF to mitigate
                          internal and external threats from non-state
                          actors, including Hizballah;
                              (ii) <<NOTE: Terrorism.>>  strengthen border
                          security and combat terrorism, including training
                          and equipping the LAF to secure the borders of
                          Lebanon and address security and stability
                          requirements in areas affected by conflict in
                          Syria, interdicting arms shipments, and preventing
                          the use of Lebanon as a safe haven for terrorist
                          groups; and
                              (iii) implement United Nations Security
                          Council Resolution 1701:
                      Provided, That <<NOTE: Spend plan.>>  prior to
                    obligating funds made available by this subparagraph for
                    assistance for the LAF, the Secretary of State shall
                    submit to the Committees on Appropriations a spend plan,
                    including actions to be taken to ensure equipment
                    provided to the LAF is used only for the intended
                    purposes, except such plan may not be considered as
                    meeting the notification requirements under section 7015
                    of this Act or under section 634A of the Foreign

    [[Page 136 STAT. 639]]

                    Assistance Act of 1961:  Provided further, That any
                    notification submitted pursuant to such section shall
                    include any funds specifically intended for lethal
                    military equipment.
                (3) Limitation.--None of the funds appropriated by this Act
            may be made available for the ISF or the LAF if the ISF or the
            LAF is controlled by a foreign terrorist organization, as
            designated pursuant to section 219 of the Immigration and
            Nationality Act (8 U.S.C. 1189).

        (g) <<NOTE: Applicability.>>  Libya.--Funds appropriated under
    titles III and IV of this Act shall be made available for stabilization
    assistance for Libya, including support for a United Nations-facilitated
    political process and border security:  Provided, That the limitation on
    the uses of funds for certain infrastructure projects in section
    7041(f)(2) of the Department of State, Foreign Operations, and Related
    Programs Appropriations Act, 2014 (division K of Public Law 113-76)
    shall apply to such funds.

        (h) Morocco.--Funds appropriated under titles III and IV of this Act
    shall be made available for assistance for Morocco.
        (i) Saudi Arabia.--
                (1) Prohibition.--None of the funds appropriated by this Act
            under the heading ``International Military Education and
            Training'' may be made available for assistance for the
            Government of Saudi Arabia.
                (2) Export-import bank.--None of the funds appropriated or
            otherwise made available by this Act and prior Acts making
            appropriations for the Department of State, foreign operations,
            and related programs should be obligated or expended by the
            Export-Import Bank of the United States to guarantee, insure, or
            extend (or participate in the extension of) credit in connection
            with the export of nuclear technology, equipment, fuel,
            materials, or other nuclear technology-related goods or services
            to Saudi Arabia unless the Government of Saudi Arabia--
                        (A) has in effect a nuclear cooperation agreement
                    pursuant to section 123 of the Atomic Energy Act of 1954
                    (42 U.S.C. 2153);
                        (B) has committed to renounce uranium enrichment and
                    reprocessing on its territory under that agreement; and
                        (C) has signed and implemented an Additional
                    Protocol to its Comprehensive Safeguards Agreement with
                    the International Atomic Energy Agency.

        (j) Syria.--
                (1) Non-lethal assistance.--Funds appropriated by this Act
            under titles III and IV may be made available, notwithstanding
            any other provision of law, for non-lethal stabilization
            assistance for Syria, including for emergency medical and rescue
            response and chemical weapons investigations.
                (2) Limitations.--Funds made available pursuant to paragraph
            (1) of this subsection--
                        (A) may not be made available for a project or
                    activity that supports or otherwise legitimizes the
                    Government of Iran, foreign terrorist organizations (as
                    designated pursuant to section 219 of the Immigration
                    and Nationality Act (8 U.S.C. 1189)), or a proxy of Iran
                    in Syria;
                        (B) <<NOTE: Determination.>>  may not be made
                    available for activities that further the strategic
                    objectives of the Government of the Russian Federation
                    that the Secretary of State determines

    [[Page 136 STAT. 640]]

                    may threaten or undermine United States national
                    security interests; and
                        (C) <<NOTE: Bashar al-Assad.>>  should not be used
                    in areas of Syria controlled by a government led by
                    Bashar al-Assad or associated forces.
                (3) Consultation and notification.--Funds made available
            pursuant to this subsection may only be made available following
            consultation with the appropriate congressional committees, and
            shall be subject to the regular notification procedures of the
            Committees on Appropriations.

        (k) Tunisia.--
                (1) <<NOTE: Consultation.>>  Assistance.--Funds appropriated
            under titles III and IV of this Act shall be made available for
            assistance for Tunisia for programs to improve economic growth
            and opportunity, support democratic governance and civil
            society, protect due process of law, and maintain regional
            stability and security, following consultation with the
            Committees on Appropriations.
                (2) <<NOTE: Deadline.>>  Spend plan.--Not later than 90 days
            after enactment of this Act, the Secretary of State shall submit
            a spend plan consistent with the requirements in section 7062(b)
            of this Act.
                (3) Report.--Not later than 90 days after enactment of this
            Act, the Secretary of State shall submit a report to the
            Committees on Appropriations on the extent to which--
                        (A) the Government of Tunisia is implementing
                    economic reforms, countering corruption, and taking
                    credible steps to restore constitutional order and
                    democratic governance, including respecting freedoms of
                    expression, association, and the press, and the rights
                    of members of political parties;
                        (B) the Government of Tunisia is maintaining the
                    independence of the judiciary and holding security
                    forces who commit human rights abuses accountable; and
                        (C) the Tunisian military has remained an apolitical
                    and professional institution.

        (l) West Bank and Gaza.--
                (1) Assistance.--Funds appropriated by this Act under the
            heading ``Economic Support Fund'' shall be made available for
            programs in the West Bank and Gaza, which may include water,
            sanitation, and other infrastructure improvements.
                (2) Report on assistance.--Prior to the initial obligation
            of funds made available by this Act under the heading ``Economic
            Support Fund'' for assistance for the West Bank and Gaza, the
            Secretary of State shall report to the Committees on
            Appropriations that the purpose of such assistance is to--
                        (A) advance Middle East peace;
                        (B) improve security in the region;
                        (C) continue support for transparent and accountable
                    government institutions;
                        (D) promote a private sector economy; or
                        (E) address urgent humanitarian needs.
                (3) Limitations.--
                        (A)(i) None of the funds appropriated under the
                    heading ``Economic Support Fund'' in this Act may be
                    made available for assistance for the Palestinian
                    Authority, if after the date of enactment of this Act--

    [[Page 136 STAT. 641]]

                              (I) the Palestinians obtain the same standing
                          as member states or full membership as a state in
                          the United Nations or any specialized agency
                          thereof outside an agreement negotiated between
                          Israel and the Palestinians; or
                              (II) the Palestinians initiate an
                          International Criminal Court (ICC) judicially
                          authorized investigation, or actively support such
                          an investigation, that subjects Israeli nationals
                          to an investigation for alleged crimes against
                          Palestinians.
                        (ii) <<NOTE: Waiver
                    authority. Certification. Reports.>>  The Secretary of
                    State may waive the restriction in clause (i) of this
                    subparagraph resulting from the application of subclause
                    (I) of such clause if the Secretary certifies to the
                    Committees on Appropriations that to do so is in the
                    national security interest of the United States, and
                    submits a report to such Committees detailing how the
                    waiver and the continuation of assistance would assist
                    in furthering Middle East peace.
                        (B)(i) <<NOTE: President. Waiver
                    authority. Certification.>>  The President may waive the
                    provisions of section 1003 of the Foreign Relations
                    Authorization Act, Fiscal Years 1988 and 1989 (Public
                    Law 100-204) if the President determines and certifies
                    in writing to the Speaker of the House of
                    Representatives, the President pro tempore of the
                    Senate, and the appropriate congressional committees
                    that the Palestinians have not, after the date of
                    enactment of this Act--
                              (I) obtained in the United Nations or any
                          specialized agency thereof the same standing as
                          member states or full membership as a state
                          outside an agreement negotiated between Israel and
                          the Palestinians; and
                              (II) initiated or actively supported an ICC
                          investigation against Israeli nationals for
                          alleged crimes against Palestinians.
                        (ii) <<NOTE: Deadline.>>  Not less than 90 days
                    after the President is unable to make the certification
                    pursuant to clause (i) of this subparagraph, the
                    President may waive section 1003 of Public Law 100-204
                    if the President determines and certifies in writing to
                    the Speaker of the House of Representatives, the
                    President pro tempore of the Senate, and the Committees
                    on Appropriations that the Palestinians have entered
                    into direct and meaningful negotiations with Israel:
                    Provided, That any waiver of the provisions of section
                    1003 of Public Law 100-204 under clause (i) of this
                    subparagraph or under previous provisions of law must
                    expire before the waiver under this clause may be
                    exercised.
                        (iii) <<NOTE: Time periods.>>  Any waiver pursuant
                    to this subparagraph shall be effective for no more than
                    a period of 6 months at a time and shall not apply
                    beyond 12 months after the enactment of this Act.
                (4) Application of taylor force act.--Funds appropriated by
            this Act under the heading ``Economic Support Fund'' that are
            made available for assistance for the West Bank and Gaza shall
            be made available consistent with section 1004(a) of the Taylor
            Force Act (title X of division S of Public Law 115-141).

    [[Page 136 STAT. 642]]

                (5) Security
            report. <<NOTE: Requirements. Applicability.>> --The reporting
            requirements in section 1404 of the Supplemental Appropriations
            Act, 2008 (Public Law 110-252) shall apply to funds made
            available by this Act, including a description of modifications,
            if any, to the security strategy of the Palestinian Authority.
                (6) Incitement report.--Not later than 90 days after
            enactment of this Act, the Secretary of State shall submit a
            report to the appropriate congressional committees detailing
            steps taken by the Palestinian Authority to counter incitement
            of violence against Israelis and to promote peace and
            coexistence with Israel.

                                     africa

        Sec. 7042. <<NOTE: Determination. Reports.>>  (a) African Great
    Lakes Region Assistance Restriction.--Funds appropriated by this Act
    under the heading ``International Military Education and Training'' for
    the central government of a country in the African Great Lakes region
    may be made available only for Expanded International Military Education
    and Training and professional military education until the Secretary of
    State determines and reports to the Committees on Appropriations that
    such government is not facilitating or otherwise participating in
    destabilizing activities in a neighboring country, including aiding and
    abetting armed groups.

        (b) Central African Republic.--Of the funds appropriated by this Act
    under the heading ``Economic Support Fund'', not less than $3,000,000
    shall be made available for a contribution to the Special Criminal Court
    in Central African Republic.
        (c) Counter Illicit Armed Groups. <<NOTE: Lord's Resistance
    Army. Child soldiers.>> --Funds appropriated by this Act shall be made
    available for programs and activities in areas affected by the Lord's
    Resistance Army (LRA) or other illicit armed groups in Eastern
    Democratic Republic of the Congo and the Central African Republic,
    including to improve physical access, telecommunications infrastructure,
    and early-warning mechanisms and to support the disarmament,
    demobilization, and reintegration of former LRA combatants, especially
    child soldiers.

        (d) Democratic Republic of the Congo. <<NOTE: Ebola.>> --Of the
    funds appropriated under titles III and IV of this Act, not less than
    $325,000,000 shall be made available for assistance for the Democratic
    Republic of the Congo (DRC) for stabilization, global health, and
    bilateral economic assistance, including in areas affected by, and at
    risk from, the Ebola virus disease:  Provided, That such funds shall
    also be made available to support security, stabilization, development,
    and democracy in Eastern DRC:  Provided further, That funds appropriated
    by this Act under the headings ``Peacekeeping Operations'' and
    ``International Military Education and Training'' that are made
    available for such purposes may be made available notwithstanding any
    other provision of law, except section 620M of the Foreign Assistance
    Act of 1961.

        (e) Ethiopia.--
                (1) Assistance.--Funds appropriated by this Act that are
            made available for assistance for Ethiopia should be used to
            support--
                        (A) a political dialogue to end the conflict;
                        (B) civil society and protect human rights;
                        (C) efforts to provide unimpeded access to
                    humanitarian assistance; and

    [[Page 136 STAT. 643]]

                        (D) investigations and prosecutions of gross
                    violations of human rights.
                (2) <<NOTE: Deadline.>>  Spend plan.--Not later than 90 days
            after enactment of this Act, the Secretary of State shall submit
            a spend plan consistent with the requirements in section 7062(b)
            of this Act.
                (3) Report.--Not later than 90 days after enactment of this
            Act, the Secretary of State shall submit a report to the
            appropriate congressional committees on the extent to which the
            Government of Ethiopia and other parties to the conflict--
                        (A) have ceased offensive military operations;
                        (B) have taken credible steps toward a political
                    dialogue to end the conflict;
                        (C) are providing unimpeded access to humanitarian
                    assistance;
                        (D) are taking effective steps to protect human
                    rights and comply with international humanitarian law
                    and international refugee law; and
                        (E) are cooperating with independent investigations
                    of gross violations of human rights.

        (f) Malawi.--Funds appropriated by this Act and prior Acts making
    appropriations for the Department of State, foreign operations, and
    related programs that are made available for higher education programs
    in Malawi shall be made available for higher education and workforce
    development programs in agriculture as described under this section in
    House Report 117-84.
        (g) Mozambique.--Of the funds appropriated under titles III and IV
    of this Act, not less than $537,500,000 shall be made available for
    assistance for Mozambique, including for stabilization, global health,
    and bilateral economic assistance in areas affected by violent
    extremism.
        (h) South Sudan.--
                (1) Assistance.--Funds appropriated under title III of this
            Act that are made available for assistance for South Sudan
            should be made available for democracy programs, including
            programs to support civil society, and for conflict mitigation
            and reconciliation programs, at levels above the prior fiscal
            year.
                (2) Limitation on assistance for the central government.--
            Funds <<NOTE: Consultation.>>  appropriated by this Act that are
            made available for assistance for the central Government of
            South Sudan may only be made available, following consultation
            with the Committees on Appropriations, for--
                        (A) humanitarian assistance;
                        (B) health programs, including to prevent, detect,
                    and respond to infectious diseases;
                        (C) assistance to support South Sudan peace
                    negotiations or to advance or implement a peace
                    agreement; and
                        (D) assistance to support implementation of
                    outstanding issues of the Comprehensive Peace Agreement,
                    and subsequent and mutual arrangements related to such
                    agreement, or any other internationally recognized
                    viable peace agreement in South Sudan:
              Provided, That <<NOTE: Consultation.>>  prior to the initial
            obligation of funds made available pursuant to subparagraphs (C)
            and (D), the Secretary of State shall consult with the
            Committees on Appropriations

    [[Page 136 STAT. 644]]

            on the intended uses of such funds and steps taken by such
            government to advance or implement a peace agreement.

        (i) Sudan.--
                (1) Assistance.--Funds appropriated by this Act under title
            III should be made available to support a civilian-led
            transition in Sudan:  Provided, That notwithstanding any other
            provision of law except section 620M of the Foreign Assistance
            Act of 1961, the Trafficking Victims Protection Act of 2000, and
            the Child Soldiers Prevention Act of 2008, such funds may be
            made available for agriculture and economic growth programs, and
            economic assistance for marginalized areas in Sudan and Abyei:
            Provided further, <<NOTE: Reports.>> That funds should be
            prioritized for civil society capacity building, political party
            and coalition building, women and youth empowerment, protection
            of human rights, and support for elections if the Secretary of
            State reports to the appropriate congressional committees that
            conditions exist for free and fair elections.
                (2) Limitation.--None of the funds appropriated by this Act
            under title IV may be made available for assistance for the
            central Government of Sudan, except to support implementation of
            outstanding issues of the Comprehensive Peace Agreement, mutual
            arrangements related to post-referendum issues associated with
            such Agreement, or any other viable peace agreement in Sudan.
                (3) Consultation and notification.--Funds appropriated by
            this Act and prior Acts making appropriations for the Department
            of State, foreign operations, and related programs that are made
            available for any new program, project, or activity in Sudan
            shall be subject to prior consultation with the appropriate
            congressional committees.

        (j) Zimbabwe.--
                (1) <<NOTE: Certifications. Reports. 22 USC 2151 note.>>
            Instruction.--The Secretary of the Treasury shall instruct the
            United States executive director of each international financial
            institution to vote against any extension by the respective
            institution of any loan or grant to the Government of Zimbabwe,
            except to meet basic human needs or to promote democracy, unless
            the Secretary of State certifies and reports to the Committees
            on Appropriations that the rule of law has been restored,
            including respect for ownership and title to property, and
            freedoms of expression, association, and assembly.
                (2) Limitation.--None of the funds appropriated by this Act
            shall be made available for assistance for the central
            Government of Zimbabwe, except for health and education, unless
            the Secretary of State certifies and reports as required in
            paragraph (1).

                            east asia and the pacific

        Sec. 7043. (a) Burma.--
                (1) Uses of funds.--Of the funds appropriated by this Act,
            not less than $136,127,000 shall be made available for
            assistance for Burma, which--
                        (A) may be made available notwithstanding any other
                    provision of law and following consultation with the
                    appropriate congressional committees;

    [[Page 136 STAT. 645]]

                        (B) <<NOTE: Consultation.>>  may be made available
                    for support for the administrative operations and
                    programs of the entities listed under this subsection in
                    the explanatory statement described in section 4 (in the
                    matter preceding division A of this consolidated Act)
                    and other entities that support peaceful efforts to
                    establish an inclusive and representative democracy in
                    Burma and a federal union to foster equality among
                    Burma's diverse ethnic groups, following consultation
                    with the Committees on Appropriations;
                        (C) shall be made available for programs to promote
                    ethnic and religious tolerance, unity, and
                    accountability and to combat gender-based violence,
                    including in Kachin, Chin, Mon, Karen, Karenni, Rakhine,
                    and Shan states;
                        (D) shall be made available for community-based
                    organizations with experience operating in Thailand to
                    provide food, medical, and other humanitarian assistance
                    to internally displaced persons in eastern Burma, in
                    addition to assistance for Burmese refugees from funds
                    appropriated by this Act under the heading ``Migration
                    and Refugee Assistance''; and
                        (E) <<NOTE: Human rights.>>  shall be made available
                    for programs and activities to investigate and document
                    violations of human rights in Burma committed by the
                    military junta.
                (2) International security assistance.--None of the funds
            appropriated by this Act under the headings ``International
            Military Education and Training'' and ``Foreign Military
            Financing Program'' may be made available for assistance for
            Burma.
                (3) <<NOTE: Human rights. Determination.>>  Limitations.--
            None of the funds appropriated by this Act that are made
            available for assistance for Burma may be made available to the
            State Administration Council or any organization or entity
            controlled by, or an affiliate of, the armed forces of Burma, or
            to any individual or organization that has committed a gross
            violation of human rights or advocates violence against ethnic
            or religious groups or individuals in Burma, as determined by
            the Secretary of State for programs administered by the
            Department of State and USAID or the President of the National
            Endowment for Democracy (NED) for programs administered by NED.
                (4) Consultation.--Any new program or activity in Burma
            initiated in fiscal year 2022 shall be subject to prior
            consultation with the appropriate congressional committees.

        (b) Cambodia.--
                (1) Assistance.--Of the funds appropriated under title III
            of this Act, not less than $82,505,000 shall be made available
            for assistance for Cambodia.
                (2) Certification and exceptions.--
                        (A) <<NOTE: Reports.>>  Certification.--None of the
                    funds appropriated by this Act that are made available
                    for assistance for the Government of Cambodia may be
                    obligated or expended unless the Secretary of State
                    certifies and reports to the Committees on
                    Appropriations that such Government is taking effective
                    steps to--
                              (i) strengthen regional security and
                          stability, particularly regarding territorial
                          disputes in the South China Sea and the
                          enforcement of international sanctions with
                          respect to North Korea;

    [[Page 136 STAT. 646]]

                              (ii) assert its sovereignty against
                          interference by the People's Republic of China,
                          including by verifiably maintaining the neutrality
                          of Ream Naval Base, other military installations
                          in Cambodia, and dual use facilities such as the
                          Dara Sakor development project;
                              (iii) cease violence, threats, and harassment
                          against civil society and the political opposition
                          in Cambodia, and dismiss any politically motivated
                          criminal charges against critics of the
                          government; and
                              (iv) respect the rights, freedoms, and
                          responsibilities enshrined in the Constitution of
                          the Kingdom of Cambodia as enacted in 1993.
                        (B) Exceptions.--The certification required by
                    subparagraph (A) shall not apply to funds appropriated
                    by this Act and made available for democracy, health,
                    education, and environment programs, programs to
                    strengthen the sovereignty of Cambodia, and programs to
                    educate and inform the people of Cambodia of the
                    influence activities of the People's Republic of China
                    in Cambodia.
                (3) Uses of funds.--Funds appropriated under title III of
            this Act for assistance for Cambodia shall be made available
            for--
                        (A) research, documentation, and education programs
                    associated with the Khmer Rouge in Cambodia; and
                        (B) programs in the Khmer language to monitor, map,
                    and publicize the efforts by the People's Republic of
                    China to expand its influence in Cambodia.

        (c) Indo-Pacific Strategy and the Asia Reassurance Initiative Act of
    2018.--
                (1) Assistance.--Of the funds appropriated under titles III
            and IV of this Act, not less than $1,605,105,000 shall be made
            available to support implementation of the Indo-Pacific Strategy
            and the Asia Reassurance Initiative Act of 2018 (Public Law 115-
            409).
                (2) Countering prc influence fund.--
            <<NOTE: Consultation.>> Of the funds appropriated by this Act
            under the headings ``Development Assistance'',``Economic Support
            Fund'', ``International Narcotics Control and Law Enforcement'',
            ``Nonproliferation, Anti-terrorism, Demining and Related
            Programs'', and ``Foreign Military Financing Program'', not less
            than $300,000,000 shall be made available for a Countering PRC
            Influence Fund to counter the influence of the Government of the
            People's Republic of China and the Chinese Communist Party and
            entities acting on their behalf globally, which shall be subject
            to prior consultation with the Committees on Appropriations:
            Provided, That such funds are in addition to amounts otherwise
            made available for such purposes:  Provided further, That up to
            10 percent of such funds shall be held in reserve to respond to
            unanticipated opportunities to counter PRC influence:  Provided
            further, That the uses of such funds shall be the joint
            responsibility of the Secretary of State and the USAID
            Administrator, in accordance with the guidance contained in the
            explanatory statement described in section 4 (in the matter
            preceding division A of this consolidated Act):  Provided
            further, <<NOTE: Consultation.>>  That prior to the initial
            obligation of such funds, the Secretary of State and USAID
            Administrator shall consult with the Committees on
            Appropriations:  Provided further, <<NOTE: Transfer
            authority.>> That funds appropriated

    [[Page 136 STAT. 647]]

            by this Act for such Fund under the headings ``International
            Narcotics Control and Law Enforcement'', ``Nonproliferation,
            Anti-terrorism, Demining and Related Programs'', and ``Foreign
            Military Financing Program'' may be transferred to, and merged
            with, funds appropriated under such headings:  Provided
            further, <<NOTE: Notification.>> That such transfer authority is
            in addition to any other transfer authority provided by this Act
            or any other Act, and is subject to the regular notification
            procedures of the Committees on Appropriations.
                (3) Restriction on uses of funds.--None of the funds
            appropriated by this Act and prior Acts making appropriations
            for the Department of State, foreign operations, and related
            programs may be made available for any project or activity that
            directly supports or promotes--
                        (A) the Belt and Road Initiative or any dual-use
                    infrastructure projects of the People's Republic of
                    China; and
                        (B) <<NOTE: Determination.>> the use of technology,
                    including biotechnology, digital, telecommunications,
                    and cyber, developed by the People's Republic of China
                    unless the Secretary of State, in consultation with the
                    USAID Administrator and the heads of other Federal
                    agencies, as appropriate, determines that such use does
                    not adversely impact the national security of the United
                    States.
                (4) Maps.--None of the funds made available by this Act
            should be used to create, procure, or display any map that
            inaccurately depicts the territory and social and economic
            system of Taiwan and the islands or island groups administered
            by Taiwan authorities.

        (d) Laos.-- <<NOTE: Agent Orange.>> Of the funds appropriated by
    this Act under titles III and IV, not less than $85,000,000 shall be
    made available for assistance for Laos, of which not less than
    $1,500,000 should be made available for health and disability programs
    to assist persons with severe physical mobility, cognitive, or
    developmental disabilities that may be related to the use of Agent
    Orange and exposure to dioxin:
    Provided, <<NOTE: Assessments. Determination.>> That funds made
    available pursuant to this subsection may be used for assessments to
    determine the existence of dioxin contamination resulting from the use
    of Agent Orange in Laos and the feasibility and cost of remediation.

        (e) North Korea.--
                (1) <<NOTE: Determinations. Reports.>>  Cybersecurity.--None
            of the funds appropriated by this Act or prior Acts making
            appropriations for the Department of State, foreign operations,
            and related programs may be made available for assistance for
            the central government of a country the Secretary of State
            determines and reports to the appropriate congressional
            committees engages in significant transactions contributing
            materially to the malicious cyber-intrusion capabilities of the
            Government of North Korea:  Provided, That the Secretary of
            State shall submit the report required by section 209 of the
            North Korea Sanctions and Policy Enhancement Act of 2016 (Public
            Law 114-122; 22 U.S.C. 9229) to the Committees on
            Appropriations:  Provided further, <<NOTE: Waiver authority.>>
            That the Secretary of State may waive the application of the
            restriction in this paragraph with respect to assistance for the
            central government of a country if the Secretary determines and
            reports to the appropriate congressional committees that to do
            so is important to the national security interest of the United
            States, including a description of such interest served.

    [[Page 136 STAT. 648]]

                (2) Broadcasts.--Funds appropriated by this Act under the
            heading ``International Broadcasting Operations'' shall be made
            available to maintain broadcasting hours into North Korea at
            levels not less than the prior fiscal year.
                (3) Human rights.--Funds appropriated by this Act under the
            headings ``Economic Support Fund'' and ``Democracy Fund'' shall
            be made available for the promotion of human rights in North
            Korea:  Provided, <<NOTE: Applicability.>> That the authority of
            section 7032(b)(1) of this Act shall apply to such funds.
                (4) Limitation on use of funds.--None of the funds made
            available by this Act under the heading ``Economic Support
            Fund'' may be made available for assistance for the Government
            of North Korea.

        (f) People's Republic of China.--
                (1) <<NOTE: Time period. Notification.>>  Limitation on use
            of funds.--None of the funds appropriated under the heading
            ``Diplomatic Programs'' in this Act may be obligated or expended
            for processing licenses for the export of satellites of United
            States origin (including commercial satellites and satellite
            components) to the People's Republic of China (PRC) unless, at
            least 15 days in advance, the Committees on Appropriations are
            notified of such proposed action.
                (2) <<NOTE: Applicability.>>  People's liberation army.--The
            terms and requirements of section 620(h) of the Foreign
            Assistance Act of 1961 shall apply to foreign assistance
            projects or activities of the People's Liberation Army (PLA) of
            the PRC, to include such projects or activities by any entity
            that is owned or controlled by, or an affiliate of, the PLA:
            Provided, That none of the funds appropriated or otherwise made
            available pursuant to this Act may be used to finance any grant,
            contract, or cooperative agreement with the PLA, or any entity
            that the Secretary of State has reason to believe is owned or
            controlled by, or an affiliate of, the PLA.
                (3) Hong kong.--
                        (A) Democracy programs.--Of the funds appropriated
                    by this Act under the first paragraph under the heading
                    ``Democracy Fund'', not less than $4,000,000 shall be
                    made available for democracy and Internet freedom
                    programs for Hong Kong, including legal and other
                    support for democracy activists.
                        (B) Restrictions on assistance.--None of the funds
                    appropriated by this Act or prior Acts making
                    appropriations for the Department of State, foreign
                    operations, and related programs that are made available
                    for assistance for Hong Kong should be obligated for
                    assistance for the Government of the People's Republic
                    of China and the Chinese Communist Party or any entity
                    acting on their behalf in Hong Kong.
                        (C) Report.--The report required under section
                    7043(f)(3)(C) of the Department of State, Foreign
                    Operations, and Related Programs Appropriations Act,
                    2021 (division K of Public Law 116-260) shall be updated
                    and submitted to the Congress in the manner described.

        (g) Philippines.--None of the funds appropriated by this Act may be
    made available for counternarcotics assistance for the Philippines,
    except for drug demand reduction, maritime law enforcement, or
    transnational interdiction:  Provided, <<NOTE: Deadline. Update.>>  That
    not later than 45 days after enactment of this Act, the Secretary of
    State shall

    [[Page 136 STAT. 649]]

    update the report required under this heading in Senate Report 116-126
    and indicate how the findings in such report are reflected in United
    States assistance for the armed forces of the Philippines.

        (h) Tibet.--
                (1) Financing of projects in tibet.--The Secretary of the
            Treasury should instruct the United States executive director of
            each international financial institution to use the voice and
            vote of the United States to support financing of projects in
            Tibet if such projects do not provide incentives for the
            migration and settlement of non-Tibetans into Tibet or
            facilitate the transfer of ownership of Tibetan land and natural
            resources to non-Tibetans, are based on a thorough needs-
            assessment, foster self-sufficiency of the Tibetan people and
            respect Tibetan culture and traditions, and are subject to
            effective monitoring.
                (2) Programs for tibetan communities.--
                        (A) Notwithstanding any other provision of law, of
                    the funds appropriated by this Act under the heading
                    ``Economic Support Fund'', not less than $10,000,000
                    shall be made available to nongovernmental organizations
                    with experience working with Tibetan communities to
                    support activities which preserve cultural traditions
                    and promote sustainable development, education, and
                    environmental conservation in Tibetan communities in the
                    Tibet Autonomous Region and in other Tibetan communities
                    in China.
                        (B) Of the funds appropriated by this Act under the
                    heading ``Economic Support Fund'', not less than
                    $8,000,000 shall be made available for programs to
                    promote and preserve Tibetan culture and language in the
                    refugee and diaspora Tibetan communities, development,
                    and the resilience of Tibetan communities and the
                    Central Tibetan Administration in India and Nepal, and
                    to assist in the education and development of the next
                    generation of Tibetan leaders from such communities:
                    Provided, That such funds are in addition to amounts
                    made available in subparagraph (A) for programs inside
                    Tibet.
                        (C) Of the funds appropriated by this Act under the
                    heading ``Economic Support Fund'', not less than
                    $3,000,000 shall be made available for programs to
                    strengthen the capacity of the Central Tibetan
                    Administration:  Provided, That such funds shall be
                    administered by the United States Agency for
                    International Development.
                (3) Tibetan institutes promoting democracy and religious
            freedom.--Funds appropriated by this Act that are made available
            for the Countering PRC Influence Fund shall be made available,
            on a competitive basis, as grants for operations and program
            expenses of one or more Tibetan institutes established by
            Tibetan nationals and located in Asia, a purpose of which is to
            support democracy and religious freedom in Tibet and the
            People's Republic of China:  Provided, That such funds shall be
            the responsibility of the Assistant Secretary of State for
            Democracy, Human Rights, and Labor in coordination with the
            United States Special Coordinator for Tibetan Issues, and shall
            be in addition to funds otherwise made available for such
            purposes.

    [[Page 136 STAT. 650]]

        (i) Vietnam.--Of the funds appropriated under titles III and IV of
    this Act, not less than $181,000,000 shall be made available for
    assistance for Vietnam, of which not less than--
                (1) $15,000,000 shall be made available for health and
            disability programs to assist persons with severe physical
            mobility, cognitive, or developmental disabilities that may be
            related to the use of Agent Orange and exposure to dioxin;
                (2) $20,000,000 shall be made available, notwithstanding any
            other provision of law, for activities related to the
            remediation of dioxin contaminated sites in Vietnam and may be
            made available for assistance for the Government of Vietnam,
            including the military, for such purposes;
                (3) $2,000,000 shall be made available for a Reconciliation/
            Vietnamese Wartime Accounting Initiative; and
                (4) $15,000,000 shall be made available for higher education
            programs.

                             south and central asia

        Sec. 7044. (a) Afghanistan.--
                (1) None of the funds appropriated by this Act and prior
            Acts making appropriations for the Department of State, foreign
            operations, and related programs and made available for
            assistance for Afghanistan may be made available for direct
            assistance to the Taliban.
                (2) Afghan special immigrant visas.--Funds appropriated or
            otherwise made available by this Act under the heading
            ``Administration for Foreign Affairs'' shall be made available
            for additional Department of State personnel necessary to
            eliminate processing backlogs and expedite adjudication of
            Afghan Special Immigrant Visa cases.
                (3) Report.--Not later than 45 days after enactment of the
            Act, the Secretary of State and the USAID Administrator shall
            submit a report to the appropriate congressional committees
            detailing plans, consistent with the limitation contained in
            paragraph (1), to--
                        (A) protect and strengthen the rights of Afghan
                    women and girls;
                        (B) support higher education programs, including
                    continued support for the American University of
                    Afghanistan's (AUAF) online programs and support for
                    other higher education institutions in South Asia and
                    the Middle East that are hosting AUAF and other Afghan
                    students;
                        (C) support Afghan civil society activists,
                    journalists, and independent media, including in third
                    countries; and
                        (D) support health, education, including community-
                    based education, and other programs to address the basic
                    needs of the people of Afghanistan.

        (b) Bangladesh.--Of the funds appropriated under titles III and IV
    of this Act that are made available for assistance for Bangladesh--
                (1) not less than $23,500,000 shall be made available to
            address the needs of communities impacted by refugees from
            Burma;
                (2) not less than $10,000,000 shall be made available for
            programs to protect freedom of expression and association, and
            the right of due process; and

    [[Page 136 STAT. 651]]

                (3) not less than $23,300,000 shall be made available for
            democracy programs, of which not less than $2,000,000 shall be
            made available for such programs for the Rohingya community in
            Bangladesh.

        (c) Nepal.--Funds appropriated by this Act under the heading
    ``Foreign Military Financing Program'' that are made available for
    assistance for Nepal shall only be made available for humanitarian and
    disaster relief and reconstruction activities, and in support of
    international peacekeeping operations, military professionalization and
    training, and border security activities:  Provided,
    That <<NOTE: Certification. Reports. Human rights.>> such funds may only
    be made available for additional uses if the Secretary of State
    certifies and reports to the Committees on Appropriations that the
    Government of Nepal is investigating and prosecuting violations of human
    rights and the laws of war by the Nepal Army, and the Nepal Army is
    cooperating fully with civilian judicial authorities in such cases.

        (d) Pakistan.--
                (1) Assistance.--
                        (A) Security assistance.--Funds appropriated by this
                    Act under the heading ``Foreign Military Financing
                    Program'' for assistance for Pakistan may be made
                    available only to support counterterrorism and
                    counterinsurgency capabilities in Pakistan.
                        (B) <<NOTE: Reports.>>  Bilateral economic
                    assistance.--Prior to the obligation of funds made
                    available by this Act under the heading ``Economic
                    Support Fund'' for assistance for the central Government
                    of Pakistan, the Secretary of State shall submit a
                    report to the appropriate congressional committees
                    detailing--
                              (i) the amount of financing and other support,
                          if any, provided by the Government of Pakistan to
                          schools supported by, affiliated with, or run by
                          the Taliban or any domestic or foreign terrorist
                          organization in Pakistan;
                              (ii) the extent of cooperation by such
                          government in issuing visas in a timely manner for
                          United States visitors, including officials and
                          representatives of nongovernmental organizations,
                          engaged in assistance and security programs in
                          Pakistan;
                              (iii) the extent to which such government is
                          providing humanitarian organizations access to
                          detainees, internally displaced persons, and other
                          Pakistani civilians affected by conflict in
                          Pakistan and the region; and
                              (iv) the extent to which such government is
                          strengthening democracy in Pakistan, including
                          protecting freedom of expression, assembly, and
                          religion.
                (2) Authority and uses of funds.--
                        (A) Funds appropriated by this Act for assistance
                    for Pakistan may be made available notwithstanding any
                    other provision of law, except for section 620M of the
                    Foreign Assistance Act of 1961.
                        (B) Funds appropriated by this Act under the
                    headings ``Economic Support Fund'' and
                    ``Nonproliferation, Anti-terrorism, Demining and Related
                    Programs'' that are made available for assistance for
                    Pakistan shall be made available to interdict precursor
                    materials from Pakistan to

    [[Page 136 STAT. 652]]

                    Afghanistan that are used to manufacture improvised
                    explosive devices and for agriculture extension programs
                    that encourage alternative fertilizer use among
                    Pakistani farmers to decrease the dual use of fertilizer
                    in the manufacturing of improvised explosive devices.
                        (C) <<NOTE: Consultation.>>  Funds appropriated by
                    this Act under the heading ``International Narcotics
                    Control and Law Enforcement'' shall be made available
                    for border security programs in Pakistan, following
                    consultation with the Committees on Appropriations.
                        (D) Funds appropriated by title III of this Act
                    shall be made available for programs to promote
                    democracy and for gender programs in Pakistan.
                (3) Withholding.--Of the funds appropriated under titles III
            and IV of this Act that are made available for assistance for
            Pakistan, $33,000,000 shall be withheld from obligation until
            the Secretary of State reports to the Committees on
            Appropriations that Dr. Shakil Afridi has been released from
            prison and cleared of all charges relating to the assistance
            provided to the United States in locating Osama bin Laden.
                (4) Oversight.--The Secretary of State shall take all
            practicable steps to ensure that mechanisms are in place for
            monitoring, oversight, and control of funds made available by
            this subsection for assistance for Pakistan:
            Provided, <<NOTE: Notification.>>  That the Secretary shall
            inform the Committees on Appropriations of such steps in a
            timely manner.

        (e) Sri Lanka.--
                (1) Assistance.--Funds appropriated under title III of this
            Act shall be made available for assistance for Sri Lanka for
            democracy and economic development programs, particularly in
            areas recovering from ethnic and religious conflict.
                (2) Certification.-- <<NOTE: Reports.>> Funds appropriated
            by this Act for assistance for the central Government of Sri
            Lanka may be made available only if the Secretary of State
            certifies and reports to the Committees on Appropriations that
            such Government is taking effective and consistent steps to--
                        (A) <<NOTE: Human rights.>>  protect the rights and
                    freedoms of the people of Sri Lanka regardless of
                    ethnicity and religious belief, including by
                    investigating violations of human rights and the laws of
                    war and holding perpetrators of such violations
                    accountable;
                        (B) increase transparency and accountability in
                    governance and reduce corruption;
                        (C) assert its sovereignty against influence by the
                    People's Republic of China; and
                        (D) promote reconciliation between ethnic and
                    religious groups, particularly arising from past
                    conflict in Sri Lanka, including by--
                              (i) addressing land confiscation and ownership
                          issues;
                              (ii) resolving cases of missing persons,
                          including by maintaining a functioning office of
                          missing persons;
                              (iii) reducing the presence of the armed
                          forces in former conflict zones and restructuring
                          the armed forces for a peacetime role that
                          contributes to post-conflict reconciliation and
                          regional security;

    [[Page 136 STAT. 653]]

                              (iv) repealing or amending laws on arrest and
                          detention by security forces to comply with
                          international standards; and
                              (v) investigating allegations of arbitrary
                          arrest and torture, and supporting a credible
                          justice mechanism for resolving cases of war
                          crimes:
                      Provided, That the limitations of this paragraph shall
                    not apply to funds made available for humanitarian
                    assistance and disaster relief; to protect human rights,
                    locate and identify missing persons, and assist victims
                    of torture and trauma; to promote justice,
                    accountability, and reconciliation; to enhance maritime
                    security and domain awareness; to promote fiscal
                    transparency and sovereignty; and for International
                    Military Education and Training.
                (3) Limitation.--None of the funds appropriated by this Act
            may be made available for assistance for the Sri Lankan armed
            forces, except for humanitarian assistance, disaster relief,
            instruction in human rights and related curricula development,
            and maritime security and domain awareness, including
            professionalization and training for the navy and coast guard.
                (4) Consultation.--Funds made available for assistance for
            Sri Lanka other than for the purposes specified in paragraph (1)
            shall be subject to prior consultation with the Committees on
            Appropriations.

        (f) Regional Programs.--Funds appropriated by this Act shall be made
    available for assistance for countries in South and Central Asia to
    significantly increase the recruitment, training, and retention of women
    in the judiciary, police, and other security forces, and to train
    judicial and security personnel in such countries to prevent and address
    gender-based violence, human trafficking, and other practices that
    disproportionately harm women and girls.

                         latin america and the caribbean

        Sec. 7045. (a) Central America.--
                (1) Assistance.--Funds appropriated by this Act under titles
            III and IV shall be made available for assistance for Belize,
            Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua, and
            Panama, including through the Central America Regional Security
            Initiative:  Provided, <<NOTE: Aliens.>> That such assistance
            shall be prioritized for programs that address the violence,
            poverty, corruption, and other factors that contribute to
            irregular migration, particularly of unaccompanied minors, to
            the United States, including for programs to reduce violence
            against women and girls, protect the rights of Indigenous
            people, support civil society and other independent
            institutions, enhance economic opportunity, combat corruption
            and impunity, and dismantle illegal armed groups and drug
            trafficking organizations.
                        (A) Of the funds made available pursuant to
                    paragraph (1)--
                              (i) Not less than $61,500,000 shall be made
                          available to support entities and activities to
                          combat corruption and impunity in such countries,
                          including, as appropriate, offices of Attorneys
                          General; and

    [[Page 136 STAT. 654]]

                              (ii) Not less than $70,000,000 shall be made
                          available for programs to reduce violence against
                          women and girls:  Provided, That of such funds, up
                          to $15,000,000 shall be made available to support
                          bilateral compacts with the governments of such
                          countries for the specific purpose of
                          strengthening their capacity to protect women and
                          children from domestic violence, sexual assault,
                          trafficking, and child abuse or neglect, including
                          by holding perpetrators accountable.
                        (B) Within the funds made available pursuant to
                    paragraph (1) and made available for assistance for El
                    Salvador, Guatemala, and Honduras, not less than
                    $100,000,000 should be made available for programs that
                    support locally-led development in such countries:
                    Provided, That up to 15 percent of the funds made
                    available to carry out this subparagraph may be used by
                    the Administrator of the United States Agency for
                    International Development for administrative and
                    oversight expenses related to the purposes of this
                    subparagraph:  Provided
                    further, <<NOTE: Consultation.>>  That the USAID
                    Administrator shall consult with the Committees on
                    Appropriations on the planned uses of funds to carry out
                    this subparagraph prior to the initial obligation of
                    funds:  Provided further, <<NOTE: Notification.>>  That
                    such funds shall be subject to the regular notification
                    procedures of the Committees on Appropriations.
                        (C) Funds made available pursuant to paragraph (1)
                    shall be made available for a program in El Salvador,
                    Guatemala, and Honduras which shall be referred to as
                    the Central America Youth Empowerment Program (CAYEP)
                    and shall be implemented in accordance with the
                    guidelines under this section in the explanatory
                    statement described in section 4 (in the matter
                    preceding division A of this consolidated Act):
                    Provided, That the goal of the CAYEP shall be to create
                    measurable reductions in migration from targeted
                    communities in such countries by recruiting young people
                    to engage in COVID-19 response, hurricane preparedness
                    and recovery, and other community projects, while having
                    secondary impacts by channeling additional income into
                    local economies and providing needed skills training for
                    future employment in local businesses:  Provided
                    further, That funds made available to support the CAYEP
                    should be matched with contributions from private donors
                    and local governments:  Provided further, <<NOTE: Spend
                    plan.>> That the spend plan required by section
                    7062(b)(1)(A) of this Act for countries in Central
                    America shall include specific amounts planned for the
                    CAYEP:  Provided
                    further, <<NOTE: Deadline. Consultation.>> That not
                    later than 90 days after enactment of this Act, the
                    USAID Administrator shall consult with the Committees on
                    Appropriations on the requirements of this subparagraph.
                        (D) <<NOTE: Spend plan.>>  Of the funds made
                    available pursuant to paragraph (1), not more than the
                    amount specified in section 7045(a)(1) of the Department
                    of State, Foreign Operations, and Related Programs
                    Appropriations Act, 2021 (division K of Public Law 116-
                    260) may be obligated until the Secretary of State or
                    the USAID Administrator, as appropriate,

    [[Page 136 STAT. 655]]

                    submits to the Committees on Appropriations the spend
                    plan required by section 7062(b)(1)(A) of this Act:
                    Provided, That <<NOTE: Deadline. Consultation.>>  not
                    less than 15 days prior to the submission of such plan
                    the Secretary or USAID Administrator, as appropriate,
                    shall consult with the Committees on Appropriations
                    concerning such plan.
                (2) Limitation on assistance to certain central
            governments.--
                        (A) <<NOTE: Certification. Reports.>>  Of the funds
                    made available pursuant to paragraph (1) under the
                    heading ``Economic Support Fund'' and under title IV of
                    this Act that are made available for assistance for each
                    of the central governments of El Salvador, Guatemala,
                    and Honduras, 60 percent may only be obligated after the
                    Secretary of State certifies and reports to the
                    Committees on Appropriations that such government is--
                              (i) combating corruption and impunity,
                          including investigating and prosecuting government
                          officials, military personnel, and police officers
                          credibly alleged to be corrupt;
                              (ii) implementing reforms, policies, and
                          programs to strengthen the rule of law, including
                          increasing the transparency of public
                          institutions, strengthening the independence of
                          judicial and electoral institutions, and improving
                          the transparency of political campaign and
                          political party financing;
                              (iii) protecting the rights of human rights
                          defenders, trade unionists, journalists, civil
                          society groups, opposition political parties, and
                          the independence of the media;
                              (iv) providing effective and accountable law
                          enforcement and security for its citizens,
                          curtailing the role of the military in public
                          security, and upholding due process of law;
                              (v) implementing policies to reduce poverty
                          and promote economic growth and opportunity,
                          including the implementation of reforms to
                          strengthen educational systems, vocational
                          training programs, and programs for at-risk youth;
                              (vi) improving border security and combating
                          human smuggling and trafficking and countering the
                          activities of criminal gangs, drug traffickers,
                          and transnational criminal organizations;
                              (vii) informing its citizens of the dangers of
                          the journey to the southwest border of the United
                          States; and
                              (viii) implementing policies that improve the
                          environment for foreign investment, including
                          executing tax reform in a transparent manner,
                          ensuring effective legal mechanisms for
                          reimbursements of tax refunds owed to United
                          States businesses, and resolving disputes
                          involving the confiscation of real property of
                          United States entities.
                        (B) Reprogramming.--If the Secretary is unable to
                    make the certification required by subparagraph (A) for
                    one or more of the central governments, such assistance
                    shall be reprogrammed for assistance for civil society
                    organizations in such country, or for other countries in

    [[Page 136 STAT. 656]]

                    Latin America and the Caribbean, notwithstanding the
                    funding provisions in this subsection and the
                    limitations in section 7019 of this Act:
                    Provided, <<NOTE: Notification.>> That any such
                    reprogramming shall be subject to the regular
                    notification procedures of the Committees on
                    Appropriations.
                        (C) Exceptions.--The limitation of subparagraph (A)
                    shall not apply to funds appropriated by this Act that
                    are made available for--
                              (i) judicial entities and activities related
                          to combating corruption and impunity;
                              (ii) programs to combat gender-based violence;
                              (iii) programs to promote and protect human
                          rights, including those of Indigenous communities
                          and Afro-descendants;
                              (iv) humanitarian assistance; and
                              (v) food security programs.
                        (D) Foreign military financing program.--None of the
                    funds appropriated by this Act under the heading
                    ``Foreign Military Financing Program'' may be made
                    available for assistance for El Salvador, Guatemala, or
                    Honduras.

        (b) Colombia.--
                (1) Assistance.--Of the funds appropriated by this Act under
            titles III and IV, not less than $471,375,000 should be made
            available for assistance for Colombia:  Provided, That such
            funds shall be made available for the programs and activities
            described under this section in House Report 117-84:  Provided
            further, That of the funds appropriated by this Act under the
            heading ``International Narcotics Control and Law Enforcement''
            and made available for assistance pursuant to this paragraph,
            not less than $40,000,000 shall be made available to enhance
            rural security in coca producing municipalities and other
            municipalities with high levels of illicit activities:  Provided
            further, That funds made available pursuant to the preceding
            proviso shall be prioritized in such municipalities that are
            also targeted for assistance programs that provide viable
            economic alternatives and improve access to public services.
                (2) <<NOTE: Certifications. Reports.>>  Withholding of
            funds.--
                        (A) Counternarcotics.--Of the funds appropriated by
                    this Act under the heading ``International Narcotics
                    Control and Law Enforcement'' that are made available
                    for assistance for Colombia, 20 percent may be obligated
                    only if the Secretary of State certifies and reports to
                    the Committees on Appropriations that--
                              (i) the Government of Colombia is implementing
                          an effective whole-of-government strategy to
                          substantially and sustainably reduce coca
                          cultivation and cocaine production levels in
                          Colombia, including by prioritizing funding to
                          enhance rural security in coca producing
                          municipalities;
                              (ii) such strategy is in accordance with the
                          2016 peace accord between the Government of
                          Colombia and the Revolutionary Armed Forces of
                          Colombia; and
                              (iii) the Government of Colombia is taking
                          effective steps to dismantle drug trafficking
                          networks and to assist farmers in eradicating and
                          sustainably replacing coca.

    [[Page 136 STAT. 657]]

                        (B) Human rights.--(i) Of the funds appropriated by
                    this Act under the heading ``Foreign Military Financing
                    Program'' and made available for assistance for
                    Colombia, 20 percent may be obligated only if the
                    Secretary of State certifies and reports to the
                    Committees on Appropriations that--
                                        (I) the Special Jurisdiction for
                                    Peace and other judicial authorities, as
                                    appropriate, are sentencing perpetrators
                                    of gross violations of human rights,
                                    including those with command
                                    responsibility, to deprivation of
                                    liberty;
                                        (II) the Government of Colombia is
                                    making consistent progress in reducing
                                    threats and attacks against human rights
                                    defenders and other civil society
                                    activists, and judicial authorities are
                                    prosecuting and punishing those
                                    responsible for ordering and carrying
                                    out such attacks;
                                        (III) the Government of Colombia is
                                    making consistent progress in protecting
                                    Afro-Colombian and Indigenous
                                    communities and is respecting their
                                    rights and territories; and
                                        (IV) military officers credibly
                                    alleged, or whose units are credibly
                                    alleged, to be responsible for ordering,
                                    committing, and covering up cases of
                                    false positives and other extrajudicial
                                    killings, or of committing other gross
                                    violations of human rights, or of
                                    conducting illegal communications
                                    intercepts or other illicit
                                    surveillance, are being held
                                    accountable, including removal from
                                    active duty if found guilty through
                                    criminal, administrative, or
                                    disciplinary proceedings.
                              (ii) Of the funds appropriated by this Act
                          under the heading ``International Narcotics
                          Control and Law Enforcement'' and made available
                          for assistance for the Colombian National Police,
                          five percent may be obligated only if the
                          Secretary of State certifies and reports to the
                          Committees on Appropriations that the Government
                          of Colombia is bringing to justice the police
                          personnel who ordered, directed, and used
                          excessive force and engaged in other illegal acts
                          against protesters in 2020 and 2021.
                (3) Exceptions.--The limitations of paragraph (2) shall not
            apply to funds made available for aviation instruction and
            maintenance, and maritime and riverine security programs.
                (4) Authority.--Aircraft supported by funds appropriated by
            this Act and prior Acts making appropriations for the Department
            of State, foreign operations, and related programs and made
            available for assistance for Colombia may be used to transport
            personnel and supplies involved in drug eradication and
            interdiction, including security for such activities, and to
            provide transport in support of alternative development programs
            and investigations by civilian judicial authorities.
                (5) Limitation.--None of the funds appropriated by this Act
            or prior Acts making appropriations for the Department of State,
            foreign operations, and related programs that are

    [[Page 136 STAT. 658]]

            made available for assistance for Colombia may be made available
            for payment of reparations to conflict victims or compensation
            to demobilized combatants associated with a peace agreement
            between the Government of Colombia and illegal armed groups.

        (c) Haiti.--
                (1) <<NOTE: Reports.>>  Certification.--Funds appropriated
            by this Act that are made available for assistance for Haiti may
            only be made available for the central Government of Haiti if
            the Secretary of State certifies and reports to the appropriate
            congressional committees that a new President and Parliament
            have taken office after free and fair elections, or the country
            is being led by a transitional governing authority that is
            broadly representative of Haitian society, and it is in the
            national interest of the United States to provide such
            assistance.
                (2) Exceptions.--Notwithstanding paragraph (1), funds may be
            made available to support--
                        (A) free and fair elections;
                        (B) anti-gang police and administration of justice
                    programs, including to reduce pre-trial detention and
                    eliminate inhumane prison conditions;
                        (C) public health, food security, water and
                    sanitation, education, and other programs to meet basic
                    human needs; and
                        (D) disaster relief and recovery.
                (3) Notification.--Funds appropriated by this Act that are
            made available for assistance for Haiti shall be subject to
            prior consultation with, and the regular notification procedures
            of, the Committees on Appropriations.
                (4) Prohibition.--None of the funds appropriated or
            otherwise made available by this Act may be used for assistance
            for the armed forces of Haiti.
                (5) Haitian coast guard.--The Government of Haiti shall be
            eligible to purchase defense articles and services under the
            Arms Export Control Act (22 U.S.C. 2751 et seq.) for the Coast
            Guard.

        (d) Nicaragua.--Of the funds appropriated by this Act under the
    heading ``Development Assistance'', not less than $15,000,000 shall be
    made available for democracy programs for Nicaragua, including to
    support civil society.
        (e) The Caribbean.--Of the funds appropriated by this Act under
    titles III and IV, not less than $80,000,000 shall be made available for
    the Caribbean Basin Security Initiative.
        (f) Venezuela.--(1) Of the funds appropriated by this Act under the
    heading ``Economic Support Fund'', not less than $40,000,000 shall be
    made available for democracy programs for Venezuela.
        (2) Funds appropriated under title III of this Act and prior Acts
    making appropriations for the Department of State, foreign operations,
    and related programs shall be made available for assistance for
    communities in countries supporting or otherwise impacted by refugees
    from Venezuela, including Colombia, Peru, Ecuador, Curacao, and Trinidad
    and Tobago:  Provided, <<NOTE: Consultation. Notification.>>  That such
    amounts are in addition to funds otherwise made available for assistance
    for such countries, subject to prior consultation with, and the regular
    notification procedures of, the Committees on Appropriations.

    [[Page 136 STAT. 659]]

                               europe and eurasia

        Sec. 7046. (a) Georgia.--Of the funds appropriated by this Act under
    titles III and IV, not less than $132,025,000 shall be made available
    for assistance for Georgia.
        (b) Territorial Integrity.--None of the funds appropriated by this
    Act may be made available for assistance for a government of an
    Independent State of the former Soviet Union if such government directs
    any action in violation of the territorial integrity or national
    sovereignty of any other Independent State of the former Soviet Union,
    such as those violations included in the Helsinki Final Act:
    Provided, <<NOTE: President. Determination.>> That except as otherwise
    provided in section 7047(a) of this Act, funds may be made available
    without regard to the restriction in this subsection if the President
    determines that to do so is in the national security interest of the
    United States:  Provided further, <<NOTE: Consultation.>> That prior to
    executing the authority contained in the previous proviso, the Secretary
    of State shall consult with the Committees on Appropriations on how such
    assistance supports the national security interest of the United States.

        (c) Section 907 of the Freedom Support Act.--Section 907 of the
    FREEDOM Support Act (22 U.S.C. 5812 note) shall not apply to--
                (1) activities to support democracy or assistance under
            title V of the FREEDOM Support Act (22 U.S.C. 5851 et seq.) and
            section 1424 of the Defense Against Weapons of Mass Destruction
            Act of 1996 (50 U.S.C. 2333) or non-proliferation assistance;
                (2) any assistance provided by the Trade and Development
            Agency under section 661 of the Foreign Assistance Act of 1961;
                (3) any activity carried out by a member of the United
            States and Foreign Commercial Service while acting within his or
            her official capacity;
                (4) any insurance, reinsurance, guarantee, or other
            assistance provided by the United States International
            Development Finance Corporation as authorized by the BUILD Act
            of 2018 (division F of Public Law 115-254);
                (5) any financing provided under the Export-Import Bank Act
            of 1945 (Public Law 79-173); or
                (6) humanitarian assistance.

        (d) <<NOTE: Determination. Reports.>>  Turkey.--None of the funds
    made available by this Act may be used to facilitate or support the sale
    of defense articles or defense services to the Turkish Presidential
    Protection Directorate (TPPD) under Chapter 2 of the Arms Export Control
    Act (22 U.S.C. 2761 et seq.) unless the Secretary of State determines
    and reports to the appropriate congressional committees that members of
    the TPPD who are named in the July 17, 2017, indictment by the Superior
    Court of the District of Columbia, and against whom there are pending
    charges, have returned to the United States to stand trial in connection
    with the offenses contained in such indictment or have otherwise been
    brought to justice:  Provided, That the limitation in this paragraph
    shall not apply to the use of funds made available by this Act for
    border security purposes, for North Atlantic Treaty Organization or
    coalition operations, or to enhance the protection of United States
    officials and facilities in Turkey.

    [[Page 136 STAT. 660]]

    countering russian influence and aggression

        Sec. 7047. (a) Prohibition.--None of the funds appropriated by this
    Act may be made available for assistance for the central Government of
    the Russian Federation.
        (b) Annexation of Crimea.--
                (1) <<NOTE: Determination. Reports.>>  Prohibition.--None of
            the funds appropriated by this Act may be made available for
            assistance for the central government of a country that the
            Secretary of State determines and reports to the Committees on
            Appropriations has taken affirmative steps intended to support
            or be supportive of the Russian Federation annexation of Crimea
            or other territory in Ukraine:  Provided, <<NOTE: Waiver
            authority.>> That except as otherwise provided in subsection
            (a), the Secretary may waive the restriction on assistance
            required by this paragraph if the Secretary determines and
            reports to such Committees that to do so is in the national
            interest of the United States, and includes a justification for
            such interest.
                (2) Limitation.--None of the funds appropriated by this Act
            may be made available for--
                        (A) the implementation of any action or policy that
                    recognizes the sovereignty of the Russian Federation
                    over Crimea or other territory in Ukraine;
                        (B) the facilitation, financing, or guarantee of
                    United States Government investments in Crimea or other
                    territory in Ukraine under the control of Russian-backed
                    separatists, if such activity includes the participation
                    of Russian Government officials, or other Russian owned
                    or controlled financial entities; or
                        (C) assistance for Crimea or other territory in
                    Ukraine under the control of Russian-backed separatists,
                    if such assistance includes the participation of Russian
                    Government officials, or other Russian owned or
                    controlled financial entities.
                (3) International financial institutions.--The Secretary of
            the Treasury shall instruct the United States executive director
            of each international financial institution to use the voice and
            vote of the United States to oppose any assistance by such
            institution (including any loan, credit, grant, or guarantee)
            for any program that violates the sovereignty or territorial
            integrity of Ukraine.
                (4) Duration.-- <<NOTE: Determination. Reports.>> The
            requirements and limitations of this subsection shall cease to
            be in effect if the Secretary of State determines and reports to
            the Committees on Appropriations that the Government of Ukraine
            has reestablished sovereignty over Crimea and other territory in
            Ukraine under the control of Russian-backed separatists.

        (c) Occupation of the Georgian Territories of Abkhazia and
    Tskhinvali Region/South Ossetia.--
                (1) <<NOTE: Determinations. Reports.>>  Prohibition.--None
            of the funds appropriated by this Act may be made available for
            assistance for the central government of a country that the
            Secretary of State determines and reports to the Committees on
            Appropriations has recognized the independence of, or has
            established diplomatic relations with, the Russian Federation
            occupied Georgian territories of Abkhazia and Tskhinvali Region/
            South Ossetia: <<NOTE: Web posting. List.>>  Provided, That the
            Secretary shall publish on the Department of State website

    [[Page 136 STAT. 661]]

            a list of any such central governments in a timely manner:
            Provided further, <<NOTE: Waiver authority.>> That the Secretary
            may waive the restriction on assistance required by this
            paragraph if the Secretary determines and reports to the
            Committees on Appropriations that to do so is in the national
            interest of the United States, and includes a justification for
            such interest.
                (2) Limitation.--None of the funds appropriated by this Act
            may be made available to support the Russian Federation
            occupation of the Georgian territories of Abkhazia and
            Tskhinvali Region/South Ossetia.
                (3) International financial institutions.--The Secretary of
            the Treasury shall instruct the United States executive director
            of each international financial institution to use the voice and
            vote of the United States to oppose any assistance by such
            institution (including any loan, credit, grant, or guarantee)
            for any program that violates the sovereignty and territorial
            integrity of Georgia.

        (d) Countering Russian Influence Fund.--
                (1) Assistance.--Of the funds appropriated by this Act under
            the headings ``Assistance for Europe, Eurasia and Central
            Asia'', ``International Narcotics Control and Law Enforcement'',
            ``International Military Education and Training'', and ``Foreign
            Military Financing Program'', not less than $295,000,000 shall
            be made available to carry out the purposes of the Countering
            Russian Influence Fund, as authorized by section 254 of the
            Countering Russian Influence in Europe and Eurasia Act of 2017
            (Public Law 115-44; 22 U.S.C. 9543) and notwithstanding the
            country limitation in subsection (b) of such section, and
            programs to enhance the capacity of law enforcement and security
            forces in countries in Europe, Eurasia, and Central Asia and
            strengthen security cooperation between such countries and the
            United States and the North Atlantic Treaty Organization, as
            appropriate.
                (2) Economics and trade.--Funds appropriated by this Act and
            made available for assistance for the Eastern Partnership
            countries shall be made available to advance the implementation
            of Association Agreements and trade agreements with the European
            Union, and to reduce their vulnerability to external economic
            and political pressure from the Russian Federation.

        (e) Democracy Programs.--Funds appropriated by this Act shall be
    made available to support democracy programs in the Russian Federation
    and other countries in Europe, Eurasia, and Central Asia, including to
    promote Internet freedom:  Provided, That of the funds appropriated
    under the heading ``Assistance for Europe, Eurasia and Central Asia'',
    not less than $20,000,000 shall be made available to strengthen
    democracy and civil society in Central Europe, including for
    transparency, independent media, rule of law, minority rights, and
    programs to combat anti-Semitism.

                                 united nations

        Sec. 7048. <<NOTE: Reports. Web postings.>> (a) Transparency and
    Accountability.--Not later than 180 days after enactment of this Act,
    the Secretary of State shall report to the Committees on Appropriations
    whether each organization, department, or agency receiving a
    contribution from funds appropriated by this Act under the headings
    ``Contributions

    [[Page 136 STAT. 662]]

    to International Organizations'' and ``International Organizations and
    Programs''--
                (1) <<NOTE: Public information. Audits.>>  is posting on a
            publicly available website, consistent with privacy regulations
            and due process, regular financial and programmatic audits of
            such organization, department, or agency, and providing the
            United States Government with necessary access to such financial
            and performance audits;
                (2) has submitted a report to the Department of State, which
            shall be posted on the Department's website in a timely manner,
            demonstrating that such organization is effectively implementing
            and enforcing policies and procedures which meet or exceed best
            practices in the United States for the protection of
            whistleblowers from retaliation, including--
                        (A) protection against retaliation for internal and
                    lawful public disclosures;
                        (B) legal burdens of proof;
                        (C) statutes of limitation for reporting
                    retaliation;
                        (D) access to binding independent adjudicative
                    bodies, including shared cost and selection of external
                    arbitration; and
                        (E) results that eliminate the effects of proven
                    retaliation, including provision for the restoration of
                    prior employment; and
                (3) effectively implementing and enforcing policies and
            procedures on the appropriate use of travel funds, including
            restrictions on first-class and business-class travel.

        (b) <<NOTE: Determinations. Terrorism.>>  Restrictions on United
    Nations Delegations and Organizations.--
                (1) Restrictions on united states delegations.--None of the
            funds made available by this Act may be used to pay expenses for
            any United States delegation to any specialized agency, body, or
            commission of the United Nations if such agency, body, or
            commission is chaired or presided over by a country, the
            government of which the Secretary of State has determined, for
            purposes of section 1754(c) of the Export Reform Control Act of
            2018 (50 U.S.C. 4813(c)), supports international terrorism.
                (2) Restrictions on contributions.--None of the funds made
            available by this Act may be used by the Secretary of State as a
            contribution to any organization, agency, commission, or program
            within the United Nations system if such organization, agency,
            commission, or program is chaired or presided over by a country
            the government of which the Secretary of State has determined,
            for purposes of section 620A of the Foreign Assistance Act of
            1961, section 40 of the Arms Export Control Act, section 1754(c)
            of the Export Reform Control Act of 2018 (50 U.S.C. 4813(c)), or
            any other provision of law, is a government that has repeatedly
            provided support for acts of international terrorism.
                (3) <<NOTE: Reports.>>  Waiver.--The Secretary of State may
            waive the restriction in this subsection if the Secretary
            determines and reports to the Committees on Appropriations that
            to do so is important to the national interest of the United
            States, including a description of the national interest served.

        (c) <<NOTE: Determination. Reports. Israel.>>  United Nations Human
    Rights Council.--None of the funds appropriated by this Act may be made
    available in support of the United Nations Human Rights Council unless
    the Secretary

    [[Page 136 STAT. 663]]

    of State determines and reports to the Committees on Appropriations that
    participation in the Council is important to the national interest of
    the United States and that such Council is taking significant steps to
    remove Israel as a permanent agenda item and ensure integrity in the
    election of members to such Council:  Provided, That such report shall
    include a description of the national interest served and the steps
    taken to remove Israel as a permanent agenda item and ensure integrity
    in the election of members to such Council:  Provided
    further, <<NOTE: Reports. Time period.>> That the Secretary of State
    shall report to the Committees on Appropriations not later than
    September 30, 2022, on the resolutions considered in the United Nations
    Human Rights Council during the previous 12 months, and on steps taken
    to remove Israel as a permanent agenda item and ensure integrity in the
    election of members to such council.

        (d) United Nations Relief and Works Agency.--
    <<NOTE: Reports.>> Prior to the initial obligation of funds for the
    United Nations Relief and Works Agency (UNRWA), the Secretary of State
    shall report to the Committees on Appropriations, in writing, on whether
    UNRWA is--
                (1) utilizing Operations Support Officers in the West Bank,
            Gaza, and other fields of operation to inspect UNRWA
            installations and reporting any inappropriate use;
                (2) acting promptly to address any staff or beneficiary
            violation of its own policies (including the policies on
            neutrality and impartiality of employees) and the legal
            requirements under section 301(c) of the Foreign Assistance Act
            of 1961;
                (3) <<NOTE: Procedures.>>  implementing procedures to
            maintain the neutrality of its facilities, including
            implementing a no-weapons policy, and conducting regular
            inspections of its installations, to ensure they are only used
            for humanitarian or other appropriate purposes;
                (4) <<NOTE: Compliance.>>  taking necessary and appropriate
            measures to ensure it is operating in compliance with the
            conditions of section 301(c) of the Foreign Assistance Act of
            1961 and continuing regular reporting to the Department of State
            on actions it has taken to ensure conformance with such
            conditions;
                (5) taking steps to ensure the content of all educational
            materials currently taught in UNRWA-administered schools and
            summer camps is consistent with the values of human rights,
            dignity, and tolerance and does not induce incitement;
                (6) not engaging in operations with financial institutions
            or related entities in violation of relevant United States law,
            and is taking steps to improve the financial transparency of the
            organization; and
                (7) <<NOTE: Compliance.>>  in compliance with the United
            Nations Board of Auditors' biennial audit requirements and is
            implementing in a timely fashion the Board's recommendations.

        (e) Prohibition of Payments to United Nations Members.--None of the
    funds appropriated or made available pursuant to titles III through VI
    of this Act for carrying out the Foreign Assistance Act of 1961, may be
    used to pay in whole or in part any assessments, arrearages, or dues of
    any member of the United Nations or, from funds appropriated by this Act
    to carry out chapter 1 of part I of the Foreign Assistance Act of 1961,
    the costs for participation of another country's delegation at
    international conferences held under the auspices of multilateral or
    international organizations.

    [[Page 136 STAT. 664]]

        (f) Report.--Not later than 45 days after enactment of this Act, the
    Secretary of State shall submit a report to the Committees on
    Appropriations detailing the amount of funds available for obligation or
    expenditure in fiscal year 2022 for contributions to any organization,
    department, agency, or program within the United Nations system or any
    international program that are withheld from obligation or expenditure
    due to any provision of law:  Provided, That the <<NOTE: Update.>>
    Secretary shall update such report each time additional funds are
    withheld by operation of any provision of law:  Provided
    further, <<NOTE: Consultation. Notification.>> That the reprogramming of
    any withheld funds identified in such report, including updates thereof,
    shall be subject to prior consultation with, and the regular
    notification procedures of, the Committees on Appropriations.

        (g) Sexual Exploitation and Abuse in Peacekeeping Operations.--
    <<NOTE: Determinations.>> The Secretary of State shall withhold
    assistance to any unit of the security forces of a foreign country if
    the Secretary has credible information that such unit has engaged in
    sexual exploitation or abuse, including while serving in a United
    Nations peacekeeping operation, until the Secretary determines that the
    government of such country is taking effective steps to hold the
    responsible members of such unit accountable and to prevent future
    incidents:  Provided, <<NOTE: Notification. Deadline.>> That the
    Secretary shall promptly notify the government of each country subject
    to any withholding of assistance pursuant to this paragraph, and shall
    notify the appropriate congressional committees of such withholding not
    later than 10 days after a determination to withhold such assistance is
    made:  Provided further, That the Secretary shall, to the maximum extent
    practicable, assist such government in bringing the responsible members
    of such unit to justice.

        (h) <<NOTE: Notification.>> Additional Availability.--Subject to the
    regular notification procedures of the Committees on Appropriations,
    funds appropriated by this Act which are returned or not made available
    due to the second proviso under the heading ``Contributions for
    International Peacekeeping Activities'' in title I of this Act or
    section 307(a) of the Foreign Assistance Act of 1961 (22 U.S.C.
    2227(a)), shall remain available for obligation until September 30,
    2023:  Provided, That the requirement to withhold funds for programs in
    Burma under section 307(a) of the Foreign Assistance Act of 1961 shall
    not apply to funds appropriated by this Act.

                              war crimes tribunals

        Sec. 7049. <<NOTE: President. Determination.>> (a) If the President
    determines that doing so will contribute to a just resolution of charges
    regarding genocide or other violations of international humanitarian
    law, the President may direct a drawdown pursuant to section 552(c) of
    the Foreign Assistance Act of 1961 of up to $30,000,000 of commodities
    and services for the United Nations War Crimes Tribunal established with
    regard to the former Yugoslavia by the United Nations Security Council
    or such other tribunals or commissions as the Council may establish or
    authorize to deal with such violations, without regard to the ceiling
    limitation contained in paragraph (2) thereof:  Provided, That the
    determination required under this section shall be in lieu of any
    determinations otherwise required under section 552(c):  Provided
    further, <<NOTE: Notification.>> That funds made available pursuant to
    this section shall be made available subject to the regular notification
    procedures of the Committees on Appropriations.

    [[Page 136 STAT. 665]]

        (b) None of the funds appropriated by this Act may be made available
    for a United States contribution to the International Criminal Court:
    Provided, That funds may be made available for technical assistance,
    training, assistance for victims, protection of witnesses, and law
    enforcement support related to international investigations,
    apprehensions, prosecutions, and adjudications of genocide, crimes
    against humanity, and war crimes:  Provided further, That the previous
    proviso shall not apply to investigations, apprehensions, or
    prosecutions of American service members and other United States
    citizens or nationals, or nationals of the North Atlantic Treaty
    Organization (NATO) or major non-NATO allies initially designated
    pursuant to section 517(b) of the Foreign Assistance Act of 1961.

                             global internet freedom

        Sec. 7050. (a) Funding.--Of the funds available for obligation
    during fiscal year 2022 under the headings ``International Broadcasting
    Operations'', ``Economic Support Fund'', ``Democracy Fund'', and
    ``Assistance for Europe, Eurasia and Central Asia'', not less than
    $77,500,000 shall be made available for programs to promote Internet
    freedom globally:  Provided, That such programs shall be prioritized for
    countries whose governments restrict freedom of expression on the
    Internet, and that are important to the national interest of the United
    States:  Provided further, That funds made available pursuant to this
    section shall be matched, to the maximum extent practicable, by sources
    other than the United States Government, including from the private
    sector.
        (b) Requirements.--
                (1) Department of state and united states agency for
            international development.--Funds appropriated by this Act under
            the headings ``Economic Support Fund'', ``Democracy Fund'', and
            ``Assistance for Europe, Eurasia and Central Asia'' that are
            made available pursuant to subsection (a) shall be--
                        (A) coordinated with other democracy programs funded
                    by this Act under such headings, and shall be
                    incorporated into country assistance and democracy
                    promotion strategies, as appropriate;
                        (B) for programs to implement the May 2011,
                    International Strategy for Cyberspace, the Department of
                    State International Cyberspace Policy Strategy required
                    by section 402 of the Cybersecurity Act of 2015
                    (division N of Public Law 114-113), and the
                    comprehensive strategy to promote Internet freedom and
                    access to information in Iran, as required by section
                    414 of the Iran Threat Reduction and Syria Human Rights
                    Act of 2012 (22 U.S.C. 8754);
                        (C) made available for programs that support the
                    efforts of civil society to counter the development of
                    repressive Internet-related laws and regulations,
                    including countering threats to Internet freedom at
                    international organizations; to combat violence against
                    bloggers and other users; and to enhance digital
                    security training and capacity building for democracy
                    activists;
                        (D) made available for research of key threats to
                    Internet freedom; the continued development of
                    technologies that provide or enhance access to the
                    Internet, including

    [[Page 136 STAT. 666]]

                    circumvention tools that bypass Internet blocking,
                    filtering, and other censorship techniques used by
                    authoritarian governments; and maintenance of the
                    technological advantage of the United States Government
                    over such censorship techniques:
                    Provided, <<NOTE: Consultation. Coordination. Assessment.
                    >> That the Secretary of State, in consultation with the
                    United States Agency for Global Media Chief Executive
                    Officer (USAGM CEO) and the President of the Open
                    Technology Fund (OTF), shall coordinate any such
                    research and development programs with other relevant
                    United States Government departments and agencies in
                    order to share information, technologies, and best
                    practices, and to assess the effectiveness of such
                    technologies; and
                        (E) made available only with the concurrence of the
                    Assistant Secretary for Democracy, Human Rights, and
                    Labor, Department of State, that such funds are
                    allocated consistent with--
                              (i) the strategies referenced in subparagraph
                          (B) of this paragraph;
                              (ii) best practices regarding security for,
                          and oversight of, Internet freedom programs; and
                              (iii) sufficient resources and support for the
                          development and maintenance of anti-censorship
                          technology and tools.
                (2) <<NOTE: Coordination. Consultations.>>  United states
            agency for global media.--Funds appropriated by this Act under
            the heading ``International Broadcasting Operations'' that are
            made available pursuant to subsection (a) shall be--
                        (A) made available only for open-source tools and
                    techniques to securely develop and distribute USAGM
                    digital content, facilitate audience access to such
                    content on websites that are censored, coordinate the
                    distribution of USAGM digital content to targeted
                    regional audiences, and to promote and distribute such
                    tools and techniques, including digital security
                    techniques;
                        (B) coordinated by the USAGM CEO, in consultation
                    with the OTF President, with programs funded by this Act
                    under the heading ``International Broadcasting
                    Operations'', and shall be incorporated into country
                    broadcasting strategies, as appropriate;
                        (C) coordinated by the USAGM CEO, in consultation
                    with the OTF President, to solicit project proposals
                    through an open, transparent, and competitive process,
                    seek input from technical and subject matter experts to
                    select proposals, and support Internet circumvention
                    tools and techniques for audiences in countries that are
                    strategic priorities for the OTF and in a manner
                    consistent with the United States Government Internet
                    freedom strategy; and
                        (D) <<NOTE: Evaluation.>> made available for the
                    research and development of new tools or techniques
                    authorized in subparagraph (A) only after the USAGM CEO,
                    in consultation with the Secretary of State, the OTF
                    President, and other relevant United States Government
                    departments and agencies, evaluates the risks and
                    benefits of such new tools or techniques, and
                    establishes safeguards to minimize the use of such new
                    tools or techniques for illicit purposes.

    [[Page 136 STAT. 667]]

        (c) <<NOTE: Consultation. Deadline.>>  Coordination and Spend
    Plans.--After consultation among the relevant agency heads to coordinate
    and de-conflict planned activities, but not later than 90 days after
    enactment of this Act, the Secretary of State and the USAGM CEO, in
    consultation with the OTF President, shall submit to the Committees on
    Appropriations spend plans for funds made available by this Act for
    programs to promote Internet freedom globally, which shall include a
    description of safeguards established by relevant agencies to ensure
    that such programs are not used for illicit purposes:  Provided, That
    the Department of State spend plan shall include funding for all such
    programs for all relevant Department of State and United States Agency
    for International Development offices and bureaus.

        (d) Security Audits.--Funds made available pursuant to this section
    to promote Internet freedom globally may only be made available to
    support open-source technologies that undergo comprehensive security
    audits consistent with the requirements of the Bureau of Democracy,
    Human Rights, and Labor, Department of State to ensure that such
    technology is secure and has not been compromised in a manner
    detrimental to the interest of the United States or to individuals and
    organizations benefiting from programs supported by such funds:
    Provided, <<NOTE: Review. Updates.>> That the security auditing
    procedures used by such Bureau shall be reviewed and updated
    periodically to reflect current industry security standards.

     torture and other cruel, inhuman, or degrading treatment or punishment

        Sec. 7051. (a) Prohibition.--None of the funds made available by
    this Act may be used to support or justify the use of torture and other
    cruel, inhuman, or degrading treatment or punishment by any official or
    contract employee of the United States Government.
        (b) <<NOTE: Consultation.>>  Assistance.--Funds appropriated under
    titles III and IV of this Act shall be made available, notwithstanding
    section 660 of the Foreign Assistance Act of 1961 and following
    consultation with the Committees on Appropriations, for assistance to
    eliminate torture and other cruel, inhuman, or degrading treatment or
    punishment by foreign police, military, or other security forces in
    countries receiving assistance from funds appropriated by this Act.

                    aircraft transfer, coordination, and use

        Sec. 7052. (a) Transfer Authority.--Notwithstanding any other
    provision of law or regulation, aircraft procured with funds
    appropriated by this Act and prior Acts making appropriations for the
    Department of State, foreign operations, and related programs under the
    headings ``Diplomatic Programs'', ``International Narcotics Control and
    Law Enforcement'', ``Andean Counterdrug Initiative'', and ``Andean
    Counterdrug Programs'' may be used for any other program and in any
    region.
        (b) <<NOTE: Applicability. Determination. Reports.>>  Property
    Disposal.--The authority provided in subsection (a) shall apply only
    after the Secretary of State determines and reports to the Committees on
    Appropriations that the equipment is no longer required to meet
    programmatic purposes in the designated country or region:
    Provided, <<NOTE: Consultation. Notification.>> That any such transfer
    shall be subject to prior consultation with, and the regular
    notification procedures of, the Committees on Appropriations.

    [[Page 136 STAT. 668]]

        (c) Aircraft Coordination.--
                (1) Authority.--The uses of aircraft purchased or leased by
            the Department of State and the United States Agency for
            International Development with funds made available in this Act
            or prior Acts making appropriations for the Department of State,
            foreign operations, and related programs shall be coordinated
            under the authority of the appropriate Chief of Mission:
            Provided, That such aircraft may be used to transport, on a
            reimbursable or non-reimbursable basis, Federal and non-Federal
            personnel supporting Department of State and USAID programs and
            activities:  Provided further, That official travel for other
            agencies for other purposes may be supported on a reimbursable
            basis, or without reimbursement when traveling on a space
            available basis:  Provided further, That funds received by the
            Department of State in connection with the use of aircraft
            owned, leased, or chartered by the Department of State may be
            credited to the Working Capital Fund of the Department and shall
            be available for expenses related to the purchase, lease,
            maintenance, chartering, or operation of such aircraft.
                (2) <<NOTE: Applicability.>>  Scope.--The requirement and
            authorities of this subsection shall only apply to aircraft, the
            primary purpose of which is the transportation of personnel.

        (d) Aircraft Operations and Maintenance.--To the maximum extent
    practicable, the costs of operations and maintenance, including fuel, of
    aircraft funded by this Act shall be borne by the recipient country.

        parking fines and real property taxes owed by foreign governments

        Sec. 7053.  <<NOTE: Applicability.>>  The terms and conditions of
    section 7055 of the Department of State, Foreign Operations, and Related
    Programs Appropriations Act, 2010 (division F of Public Law 111-117)
    shall apply to this Act:  Provided, That the date ``September 30, 2009''
    in subsection (f)(2)(B) of such section shall be deemed to be
    ``September 30, 2021''.

                           international monetary fund

        Sec. 7054. (a) Extensions. <<NOTE: Applicability.>> --The terms and
    conditions of sections 7086(b) (1) and (2) and 7090(a) of the Department
    of State, Foreign Operations, and Related Programs Appropriations Act,
    2010 (division F of Public Law 111-117) shall apply to this Act.

        (b) Repayment.--The Secretary of the Treasury shall instruct the
    United States Executive Director of the International Monetary Fund
    (IMF) to seek to ensure that any loan will be repaid to the IMF before
    other private or multilateral creditors.

                                   extradition

        Sec. 7055. (a) Limitation. <<NOTE: Notification.>> --None of the
    funds appropriated in this Act may be used to provide assistance (other
    than funds provided under the headings ``Development Assistance'',
    ``International Disaster Assistance'', ``Complex Crises Fund'',
    ``International Narcotics Control and Law Enforcement'', ``Migration and
    Refugee Assistance'', ``United States Emergency Refugee and Migration
    Assistance Fund'', and ``Nonproliferation, Anti-terrorism, Demining and
    Related Assistance'') for the central government of

    [[Page 136 STAT. 669]]

    a country which has notified the Department of State of its refusal to
    extradite to the United States any individual indicted for a criminal
    offense for which the maximum penalty is life imprisonment without the
    possibility of parole or for killing a law enforcement officer, as
    specified in a United States extradition request.

        (b) Clarification. <<NOTE: Applicability.>> --Subsection (a) shall
    only apply to the central government of a country with which the United
    States maintains diplomatic relations and with which the United States
    has an extradition treaty and the government of that country is in
    violation of the terms and conditions of the treaty.

        (c) Waiver. <<NOTE: Certification.>> --The Secretary of State may
    waive the restriction in subsection (a) on a case-by-case basis if the
    Secretary certifies to the Committees on Appropriations that such waiver
    is important to the national interest of the United States.

                   assistance for innocent victims of conflict

        Sec. 7056.  <<NOTE: Deadlines. 22 USC 2151 note.>>  Not later than
    90 days after enactment of this Act, the Administrator of the United
    States Agency for International Development shall establish a fund,
    which shall be referred to as the ``Marla Ruzicka Fund for Innocent
    Victims of Conflict'' (the ``Marla Fund''), to provide assistance to
    civilians harmed as a result of military operations in Iraq,
    Afghanistan, Syria, and Yemen:  Provided, That of the funds appropriated
    under title III of this Act, not less than $10,000,000 shall be made
    available for the Marla Fund:  Provided further, That the USAID
    Administrator shall consult with the Committees on Appropriations not
    later than 60 days after enactment of this Act regarding the
    establishment and implementation of the Marla Fund.

                         united nations population fund

        Sec. 7057. (a) Contribution.--Of the funds made available under the
    heading ``International Organizations and Programs'' in this Act for
    fiscal year 2022, $32,500,000 shall be made available for the United
    Nations Population Fund (UNFPA).
        (b) Availability of Funds. <<NOTE: Transfer
    authority. Notification.>> --Funds appropriated by this Act for UNFPA,
    that are not made available for UNFPA because of the operation of any
    provision of law, shall be transferred to the ``Global Health Programs''
    account and shall be made available for family planning, maternal, and
    reproductive health activities, subject to the regular notification
    procedures of the Committees on Appropriations.

        (c) Prohibition on Use of Funds in China.--None of the funds made
    available by this Act may be used by UNFPA for a country program in the
    People's Republic of China.
        (d) Conditions on Availability of Funds.--Funds made available by
    this Act for UNFPA may not be made available unless--
                (1) UNFPA maintains funds made available by this Act in an
            account separate from other accounts of UNFPA and does not
            commingle such funds with other sums; and
                (2) <<NOTE: Abortion.>>  UNFPA does not fund abortions.

        (e) Report to Congress and Dollar-for-Dollar Withholding of Funds.--
                (1) Not later than 4 months after the date of enactment of
            this Act, the Secretary of State shall submit a report to the
            Committees on Appropriations indicating the amount of funds that
            UNFPA is budgeting for the year in which the

    [[Page 136 STAT. 670]]

            report is submitted for a country program in the People's
            Republic of China.
                (2) If a report under paragraph (1) indicates that UNFPA
            plans to spend funds for a country program in the People's
            Republic of China in the year covered by the report, then the
            amount of such funds UNFPA plans to spend in the People's
            Republic of China shall be deducted from the funds made
            available to UNFPA after March 1 for obligation for the
            remainder of the fiscal year in which the report is submitted.

                            global health activities

        Sec. 7058. (a) In General.--Funds appropriated by titles III and IV
    of this Act that are made available for bilateral assistance for child
    survival activities or disease programs including activities relating to
    research on, and the prevention, treatment and control of, HIV/AIDS may
    be made available notwithstanding any other provision of law except for
    provisions under the heading ``Global Health Programs'' and the United
    States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of
    2003 (117 Stat. 711; 22 U.S.C. 7601 et seq.), as amended:  Provided,
    That of the funds appropriated under title III of this Act, not less
    than $575,000,000 should be made available for family planning/
    reproductive health, including in areas where population growth
    threatens biodiversity or endangered species.
        (b) Pandemics and Other Infectious Disease Outbreaks.--
                (1) Global health security.--Funds appropriated by this Act
            under the heading ``Global Health Programs'' shall be made
            available for global health security programs to accelerate the
            capacity of countries to prevent, detect, and respond to
            infectious disease outbreaks by strengthening public health
            capacity where there is a high risk of emerging zoonotic
            infectious diseases, including as described in the explanatory
            statement described in section 4 (in the matter preceding
            division A of this consolidated Act):
            Provided, <<NOTE: Deadline. Consultation.>>  That not later than
            60 days after enactment of this Act, the USAID Administrator and
            the Secretary of State, as appropriate, shall consult with the
            Committees on Appropriations on the planned uses of such funds.
                (2) International financing mechanism.--Funds appropriated
            by this Act under the heading ``Global Health Programs'' may be
            made available for a contribution to an international financing
            mechanism for pandemic preparedness.
                (3) <<NOTE: Determination. Reports. Transfer authority.>>
            Extraordinary measures.--If the Secretary of State determines
            and reports to the Committees on Appropriations that an
            international infectious disease outbreak is sustained, severe,
            and is spreading internationally, or that it is in the national
            interest to respond to a Public Health Emergency of
            International Concern, not to exceed an aggregate total of
            $200,000,000 of the funds appropriated by this Act under the
            headings ``Global Health Programs'', ``Development Assistance'',
            ``International Disaster Assistance'', ``Complex Crises Fund'',
            ``Economic Support Fund'', ``Democracy Fund'', ``Assistance for
            Europe, Eurasia and Central Asia'', ``Migration and Refugee
            Assistance'', and ``Millennium Challenge Corporation'' may be
            made available to combat such infectious disease or public
            health emergency, and may be transferred to, and merged

    [[Page 136 STAT. 671]]

            with, funds appropriated under such headings for the purposes of
            this paragraph.
                (4) Emergency reserve fund.--Up to $100,000,000 of the funds
            made available under the heading ``Global Health Programs'' may
            be made available for the Emergency Reserve Fund established
            pursuant to section 7058(c)(1) of the Department of State,
            Foreign Operations, and Related Programs Appropriations Act,
            2017 (division J of Public Law 115-31):  Provided, That such
            funds shall be made available under the same terms and
            conditions of such section.
                (5) Consultation and notification.--Funds made available by
            this subsection shall be subject to prior consultation with, and
            the regular notification procedures of, the Committees on
            Appropriations.

        (c) <<NOTE: China.>>  Limitation.--Notwithstanding any other
    provision of law, none of the funds made available by this Act may be
    made available to the Wuhan Institute of Virology located in the City of
    Wuhan in the People's Republic of China.

                     gender equality and women's empowerment

        Sec. 7059. (a) In General.--
                (1) Gender equality.--Funds appropriated by this Act shall
            be made available to promote gender equality in United States
            Government diplomatic and development efforts by raising the
            status, increasing the economic participation and opportunities
            for political leadership, and protecting the rights of women and
            girls worldwide.
                (2) <<NOTE: Consultation.>>  Women's economic empowerment.--
            Funds appropriated by this Act are available to implement the
            Women's Entrepreneurship and Economic Empowerment Act of 2018
            (Public Law 115-428):  Provided, That the Secretary of State and
            the Administrator of the United States Agency for International
            Development, as appropriate, shall consult with the Committees
            on Appropriations on the implementation of such Act.
                (3) Gender equity and equality action fund.--Of the funds
            appropriated under title III of this Act, up to $200,000,000 may
            be made available for the Gender Equity and Equality Action
            Fund.

        (b) Women's Leadership.--Of the funds appropriated under title III
    of this Act, not less than $50,000,000 shall be made available for
    programs specifically designed to increase leadership opportunities for
    women in countries where women and girls suffer discrimination due to
    law, policy, or practice, by strengthening protections for women's
    political status, expanding women's participation in political parties
    and elections, and increasing women's opportunities for leadership
    positions in the public and private sectors at the local, provincial,
    and national levels.
        (c) Gender-Based Violence.--
                (1) Of the funds appropriated under titles III and IV of
            this Act, not less than $175,000,000 shall be made available to
            implement a multi-year strategy to prevent and respond to
            gender-based violence in countries where it is common in
            conflict and non-conflict settings.
                (2) Funds appropriated under titles III and IV of this Act
            that are available to train foreign police, judicial, and

    [[Page 136 STAT. 672]]

            military personnel, including for international peacekeeping
            operations, shall address, where appropriate, prevention and
            response to gender-based violence and trafficking in persons,
            and shall promote the integration of women into the police and
            other security forces.

        (d) Women, Peace, and Security.--Of the funds appropriated by this
    Act under the headings ``Development Assistance'', ``Economic Support
    Fund'', ``Assistance for Europe, Eurasia and Central Asia'', and
    ``International Narcotics Control and Law Enforcement'', not less than
    $135,000,000 should be made available to support a multi-year strategy
    to expand, and improve coordination of, United States Government efforts
    to empower women as equal partners in conflict prevention, peace
    building, transitional processes, and reconstruction efforts in
    countries affected by conflict or in political transition, and to ensure
    the equitable provision of relief and recovery assistance to women and
    girls.

                               sector allocations

        Sec. 7060. (a) Basic Education and Higher Education.--
                (1) Basic education.--
                        (A) <<NOTE: 22 USC 2151c note.>>  Of the funds
                    appropriated under title III of this Act, not less than
                    $950,000,000 shall be made available for the Nita M.
                    Lowey Basic Education Fund, and such funds may be made
                    available notwithstanding any other provision of law
                    that restricts assistance to foreign countries:
                    Provided, That such funds shall also be used for
                    secondary education activities:  Provided further, That
                    of the funds made available by this paragraph,
                    $150,000,000 should be available for the education of
                    girls in areas of conflict:  Provided
                    further, <<NOTE: Implementation.>>  That section 7(a) of
                    Public Law 115-56 shall be implemented by substituting
                    ``the thirtieth day of June following'' for ``180 days
                    after''.
                        (B) Of the funds appropriated under title III of
                    this Act for assistance for basic education programs,
                    not less than $150,000,000 shall be made available for
                    contributions to multilateral partnerships that support
                    education.
                (2) Higher education.--Of the funds appropriated by title
            III of this Act, not less than $250,000,000 shall be made
            available for assistance for higher education:
            Provided, <<NOTE: Notification.>>  That such funds may be made
            available notwithstanding any other provision of law that
            restricts assistance to foreign countries, and shall be subject
            to the regular notification procedures of the Committees on
            Appropriations:  Provided further, That of such amount, not less
            than $35,000,000 shall be made available for new and ongoing
            partnerships between higher education institutions in the United
            States and developing countries focused on building the capacity
            of higher education institutions and systems in developing
            countries:  Provided further, <<NOTE: Deadline. Consultation.>>
            That not later than 45 days after enactment of this Act, the
            USAID Administrator shall consult with the Committees on
            Appropriations on the proposed uses of funds for such
            partnerships.

        (b) Development Programs.--Of the funds appropriated by this Act
    under the heading ``Development Assistance'', not less than $18,500,000
    shall be made available for USAID cooperative development programs and
    not less than $31,500,000 shall be made available for the American
    Schools and Hospitals Abroad program.

    [[Page 136 STAT. 673]]

        (c) Food Security and Agricultural Development.--Of the funds
    appropriated by title III of this Act, not less than $1,010,600,000
    shall be made available for food security and agricultural development
    programs to carry out the purposes of the Global Food Security Act of
    2016 (Public Law 114-195):  Provided, That funds may be made available
    for a contribution as authorized by section 3202 of the Food,
    Conservation, and Energy Act of 2008 (Public Law 110-246), as amended by
    section 3310 of the Agriculture Improvement Act of 2018 (Public Law 115-
    334).
        (d) Micro, Small, and Medium-Sized Enterprises.--Of the funds
    appropriated by this Act, not less than $265,000,000 shall be made
    available to support the development of, and access to financing for,
    micro, small, and medium-sized enterprises that benefit the poor,
    especially women.
        (e) Programs to Combat Trafficking in Persons.--Of the funds
    appropriated by this Act under the headings ``Development Assistance'',
    ``Economic Support Fund'', ``Assistance for Europe, Eurasia and Central
    Asia'', and ``International Narcotics Control and Law Enforcement'', not
    less than $106,400,000 shall be made available for activities to combat
    trafficking in persons internationally, including for the Program to End
    Modern Slavery, of which not less than $77,000,000 shall be from funds
    made available under the heading ``International Narcotics Control and
    Law Enforcement'':  Provided, <<NOTE: Coordination.>>  That funds made
    available by this Act under the headings ``Development Assistance'',
    ``Economic Support Fund'', and ``Assistance for Europe, Eurasia and
    Central Asia'' that are made available for activities to combat
    trafficking in persons should be obligated and programmed consistent
    with the country-specific recommendations included in the annual
    Trafficking in Persons Report, and shall be coordinated with the Office
    to Monitor and Combat Trafficking in Persons, Department of State.

        (f) Reconciliation Programs.--Of the funds appropriated by this Act
    under the heading ``Development Assistance'', not less than $25,000,000
    shall be made available to support people-to-people reconciliation
    programs which bring together individuals of different ethnic, racial,
    religious, and political backgrounds from areas of civil strife and war:
     Provided, <<NOTE: Consultation. Notification.>>  That the USAID
    Administrator shall consult with the Committees on Appropriations, prior
    to the initial obligation of funds, on the uses of such funds, and such
    funds shall be subject to the regular notification procedures of the
    Committees on Appropriations:  Provided further, That to the maximum
    extent practicable, such funds shall be matched by sources other than
    the United States Government:  Provided further, That such funds shall
    be administered by the Center for Conflict and Violence Prevention,
    USAID.

        (g) Water and Sanitation.--Of the funds appropriated by this Act,
    not less than $475,000,000 shall be made available for water supply and
    sanitation projects pursuant to section 136 of the Foreign Assistance
    Act of 1961, of which not less than $237,000,000 shall be for programs
    in sub-Saharan Africa, and of which not less than $17,000,000 shall be
    made available to support initiatives by local communities in developing
    countries to build and maintain safe latrines.
        (h) Deviation.--Unless otherwise provided for by this Act, the
    Secretary of State and the Administrator of the United States Agency for
    International Development, as applicable, may deviate below the minimum
    funding requirements designated in sections

    [[Page 136 STAT. 674]]

    7059, 7060, and 7061 of this Act by up to 10 percent, notwithstanding
    such designation:  Provided, <<NOTE: Submission.>>  That concurrent with
    the submission of the report required by section 653(a) of the Foreign
    Assistance Act of 1961, the Secretary of State shall submit to the
    Committees on Appropriations in writing any proposed deviations
    utilizing such authority that are planned at the time of submission of
    such report:  Provided further, <<NOTE: Consultation.>>  That any
    deviations proposed subsequent to the submission of such report shall be
    subject to prior consultation with such Committees:  Provided
    further, <<NOTE: Reports.>>  That not later than November 1, 2023, the
    Secretary of State shall submit a report to the Committees on
    Appropriations on the use of the authority of this subsection.

                              environment programs

        Sec. 7061. (a) Funds appropriated by this Act to carry out the
    provisions of sections 103 through 106, and chapter 4 of part II, of the
    Foreign Assistance Act of 1961 may be used, notwithstanding any other
    provision of law, except for the provisions of this section and only
    subject to the reporting procedures of the Committees on Appropriations,
    to support environment programs.
        (b)(1) Of the funds appropriated under title III of this Act, not
    less than $385,000,000 shall be made available for biodiversity
    conservation programs.
        (2) Not less than $125,000,000 of the funds appropriated under
    titles III and IV of this Act shall be made available to combat the
    transnational threat of wildlife poaching and trafficking.
        (3) <<NOTE: Determination. Poaching. Reports.>>  None of the funds
    appropriated under title IV of this Act may be made available for
    training or other assistance for any military unit or personnel that the
    Secretary of State determines has been credibly alleged to have
    participated in wildlife poaching or trafficking, unless the Secretary
    reports to the appropriate congressional committees that to do so is in
    the national security interest of the United States.

        (4) Funds appropriated by this Act for biodiversity programs shall
    not be used to support the expansion of industrial scale logging,
    agriculture, livestock production, mining, or any other industrial scale
    extractive activity into areas that were primary/intact tropical forests
    as of December 30, 2013, and the Secretary of the Treasury shall
    instruct the United States executive directors of each international
    financial institution (IFI) to use the voice and vote of the United
    States to oppose any financing of any such activity.
        (c) The Secretary of the Treasury shall instruct the United States
    executive director of each IFI that it is the policy of the United
    States to use the voice and vote of the United States, in relation to
    any loan, grant, strategy, or policy of such institution, regarding the
    construction of any large dam consistent with the criteria set forth in
    Senate Report 114-79, while also considering whether the project
    involves important foreign policy objectives.
        (d) Of the funds appropriated under title III of this Act, not less
    than $185,000,000 shall be made available for sustainable landscapes
    programs.
        (e) Of the funds appropriated under title III of this Act, not less
    than $270,000,000 shall be made available for adaptation programs,
    including in support of the implementation of the Indo-Pacific Strategy.

    [[Page 136 STAT. 675]]

        (f) Of the funds appropriated under title III of this Act, not less
    than $260,000,000 shall be made available for clean energy programs,
    including in support of carrying out the purposes of the Electrify
    Africa Act (Public Law 114-121) and implementing the Power Africa
    initiative.
        (g) Funds appropriated by this Act under title III may be made
    available for United States contributions to the Adaptation Fund and the
    Least Developed Countries Fund.
        (h) Of the funds appropriated under title III of this Act, not less
    than $50,000,000 shall be made available for the purposes enumerated
    under section 7060(c)(7) of the Department of State, Foreign Operations,
    and Related Programs Appropriations Act, 2021 (division K of Public Law
    116-260):  Provided, <<NOTE: Consultation.>>  That such funds may only
    be made available following consultation with the Committees on
    Appropriations.

        (i) Of the funds appropriated under title III of this Act, not less
    than $20,000,000 shall be made available to support civil society
    advocacy organizations in developing countries that are working to
    prevent toxic pollutants and other harm to the environment, and to
    support such organizations that are working to prevent the poaching and
    trafficking of endangered species, as described under this section in
    the explanatory statement described in section 4 (in the matter
    preceding division A of this consolidated Act).

                                budget documents

        Sec. 7062. <<NOTE: Deadlines.>>  (a) Operating Plans.--Not later
    than 45 days after enactment of this Act, each department, agency, or
    organization funded in titles I, II, and VI of this Act, and the
    Department of the Treasury and Independent Agencies funded in title III
    of this Act, including the Inter-American Foundation and the United
    States African Development Foundation, shall submit to the Committees on
    Appropriations an operating plan for funds appropriated to such
    department, agency, or organization in such titles of this Act, or funds
    otherwise available for obligation in fiscal year 2022, that provides
    details of the uses of such funds at the program, project, and activity
    level:  Provided, That such plans shall include, as applicable, a
    comparison between the congressional budget justification funding
    levels, the most recent congressional directives or approved funding
    levels, and the funding levels proposed by the department or agency; and
    a clear, concise, and informative description/justification:  Provided
    further, <<NOTE: Notification.>>  That operating plans that include
    changes in levels of funding for programs, projects, and activities
    specified in the congressional budget justification, in this Act, or
    amounts specifically designated in the respective tables included in the
    explanatory statement described in section 4 (in the matter preceding
    division A of this consolidated Act), as applicable, shall be subject to
    the notification and reprogramming requirements of section 7015 of this
    Act.

        (b) Spend Plans.--
                (1) Not later than 90 days after enactment of this Act, the
            Secretary of State or Administrator of the United States Agency
            for International Development, as appropriate, shall submit to
            the Committees on Appropriations a spend plan for funds made
            available by this Act for--
                        (A) assistance for countries in Central America;

    [[Page 136 STAT. 676]]

                        (B) assistance made available pursuant to section
                    7047(d) of this Act to counter Russian influence, except
                    that such plan shall be on a country-by-country basis;
                        (C) assistance made available pursuant to section
                    7059 of this Act;
                        (D) the Indo-Pacific Strategy and the Countering PRC
                    Influence Fund;
                        (E) democracy programs, the Power Africa and Prosper
                    Africa initiatives, and sectors enumerated in
                    subsections (a), (c), (d), (e), (f), and (g) of section
                    7060 of this Act;
                        (F) funds provided under the heading ``International
                    Narcotics Control and Law Enforcement'' for
                    International Organized Crime and for Cybercrime and
                    Intellectual Property Rights:  Provided, That the spend
                    plans shall include bilateral and global programs funded
                    under such heading along with a brief description of the
                    activities planned for each country;
                        (G) implementation of the Global Fragility Act of
                    2019 (title V of division J of Public Law 116-94); and
                        (H) the Caribbean Basin Security Initiative; the
                    Central America Regional Security Initiative; the Trans-
                    Saharan Counterterrorism Partnership; the Partnership
                    for Regional East Africa Counterterrorism; the Global
                    Peace Operations Initiative; the Africa Regional
                    Counterterrorism program; and the Counterterrorism
                    Partnerships Fund.
                (2) Not later than 90 days after enactment of this Act, the
            Secretary of the Treasury shall submit to the Committees on
            Appropriations a detailed spend plan for funds made available by
            this Act under the heading ``Department of the Treasury,
            International Affairs Technical Assistance'' in title III.

        (c) Clarification.--The spend plans referenced in subsection (b)
    shall not be considered as meeting the notification requirements in this
    Act or under section 634A of the Foreign Assistance Act of 1961.
        (d) Congressional Budget Justification.--The congressional budget
    justification for Department of State operations and foreign operations
    shall be provided to the Committees on Appropriations concurrent with
    the date of submission of the President's budget for fiscal year 2023:
    Provided, <<NOTE: Appendices.>>  That the appendices for such
    justification shall be provided to the Committees on Appropriations not
    later than 10 calendar days thereafter.

                                 reorganization

        Sec. 7063. (a) Prior Consultation and Notification.--Funds
    appropriated by this Act, prior Acts making appropriations for the
    Department of State, foreign operations, and related programs, or any
    other Act may not be used to implement a reorganization, redesign, or
    other plan described in subsection (b) by the Department of State, the
    United States Agency for International Development, or any other Federal
    department, agency, or organization funded by this Act without prior
    consultation by the head of such department, agency, or organization
    with the appropriate congressional committees:  Provided, That such
    funds shall be subject to the regular notification procedures of the
    Committees on Appropriations:  Provided further, That any such
    notification submitted to

    [[Page 136 STAT. 677]]

    such Committees shall include a detailed justification for any proposed
    action:  Provided further, That congressional notifications submitted in
    prior fiscal years pursuant to similar provisions of law in prior Acts
    making appropriations for the Department of State, foreign operations,
    and related programs may be deemed to meet the notification requirements
    of this section.
        (b) Description of Activities.--Pursuant to subsection (a), a
    reorganization, redesign, or other plan shall include any action to--
                (1) expand, eliminate, consolidate, or downsize covered
            departments, agencies, or organizations, including bureaus and
            offices within or between such departments, agencies, or
            organizations, including the transfer to other agencies of the
            authorities and responsibilities of such bureaus and offices;
                (2) expand, eliminate, consolidate, or downsize the United
            States official presence overseas, including at bilateral,
            regional, and multilateral diplomatic facilities and other
            platforms; or
                (3) expand or reduce the size of the permanent Civil
            Service, Foreign Service, eligible family member, and locally
            employed staff workforce of the Department of State and USAID
            from the staffing levels previously justified to the Committees
            on Appropriations for fiscal year 2022.

                         department of state management

        Sec. 7064. (a) Working Capital Fund. <<NOTE: Notification.>> --Funds
    appropriated by this Act or otherwise made available to the Department
    of State for payments to the Working Capital Fund that are made
    available for new service centers, shall be subject to the regular
    notification procedures of the Committees on Appropriations.

        (b) Certification.--
                (1) Compliance. <<NOTE: Reports.>> --Not later than 45 days
            after the initial obligation of funds appropriated under titles
            III and IV of this Act that are made available to a Department
            of State bureau or office with responsibility for the management
            and oversight of such funds, the Secretary of State shall
            certify and report to the Committees on Appropriations, on an
            individual bureau or office basis, that such bureau or office is
            in compliance with Department and Federal financial and grants
            management policies, procedures, and regulations, as applicable.
                (2) Considerations.--When making a certification required by
            paragraph (1), the Secretary of State shall consider the
            capacity of a bureau or office to--
                        (A) account for the obligated funds at the country
                    and program level, as appropriate;
                        (B) identify risks and develop mitigation and
                    monitoring plans;
                        (C) establish performance measures and indicators;
                        (D) review activities and performance; and
                        (E) assess final results and reconcile finances.
                (3) Plan. <<NOTE: Timeline.>> --If the Secretary of State is
            unable to make a certification required by paragraph (1), the
            Secretary shall submit a plan and timeline detailing the steps
            to be taken to bring such bureau or office into compliance.

        (c) Internships.--The Department of State may offer compensated
    internships, and select, appoint, employ for not more

    [[Page 136 STAT. 678]]

    than 52 weeks, and remove any such compensated intern without regard to
    the provisions of law governing appointments in the competitive service.
        (d) Information Technology Platform.--None of the funds appropriated
    in title I of this Act under the heading ``Administration of Foreign
    Affairs'' may be made available for a new major information technology
    (IT) investment without the concurrence of the Chief Information
    Officer, Department of State.

          united states agency for international development management

        Sec. 7065. <<NOTE: 22 USC 3948 note.>>  (a) Authority.--Up to
    $170,000,000 of the funds made available in title III of this Act
    pursuant to or to carry out the provisions of part I of the Foreign
    Assistance Act of 1961, including funds appropriated under the heading
    ``Assistance for Europe, Eurasia and Central Asia'', may be used by the
    United States Agency for International Development to hire and employ
    individuals in the United States and overseas on a limited appointment
    basis pursuant to the authority of sections 308 and 309 of the Foreign
    Service Act of 1980 (22 U.S.C. 3948 and 3949).

        (b) Restriction. <<NOTE: Expiration date.>> --The authority to hire
    individuals contained in subsection (a) shall expire on September 30,
    2023.

        (c) Program Account Charged.--The account charged for the cost of an
    individual hired and employed under the authority of this section shall
    be the account to which the responsibilities of such individual
    primarily relate:  Provided, <<NOTE: Transfer authority.>>  That funds
    made available to carry out this section may be transferred to, and
    merged with, funds appropriated by this Act in title II under the
    heading ``Operating Expenses''.

        (d) Foreign Service Limited Extensions.--Individuals hired and
    employed by USAID, with funds made available in this Act or prior Acts
    making appropriations for the Department of State, foreign operations,
    and related programs, pursuant to the authority of section 309 of the
    Foreign Service Act of 1980 (22 U.S.C. 3949), may be extended for a
    period of up to 4 years notwithstanding the limitation set forth in such
    section.
        (e) Disaster Surge Capacity. <<NOTE: Notification.>> --Funds
    appropriated under title III of this Act to carry out part I of the
    Foreign Assistance Act of 1961, including funds appropriated under the
    heading ``Assistance for Europe, Eurasia and Central Asia'', may be
    used, in addition to funds otherwise available for such purposes, for
    the cost (including the support costs) of individuals detailed to or
    employed by USAID whose primary responsibility is to carry out programs
    in response to natural disasters, or man-made disasters subject to the
    regular notification procedures of the Committees on Appropriations.

        (f) Personal Services Contractors.--Funds appropriated by this Act
    to carry out chapter 1 of part I, chapter 4 of part II, and section 667
    of the Foreign Assistance Act of 1961, and title II of the Food for
    Peace Act (Public Law 83-480; 7 U.S.C. 1721 et seq.), may be used by
    USAID to employ up to 40 personal services contractors in the United
    States, notwithstanding any other provision of law, for the purpose of
    providing direct, interim support for new or expanded overseas programs
    and activities managed by the agency until permanent direct hire
    personnel are hired and trained:  Provided, That not more than 15 of
    such contractors

    [[Page 136 STAT. 679]]

    shall be assigned to any bureau or office:  Provided further, That such
    funds appropriated to carry out title II of the Food for Peace Act
    (Public Law 83-480; 7 U.S.C. 1721 et seq.), may be made available only
    for personal services contractors assigned to the Bureau for
    Humanitarian Assistance.
        (g) Small Business. <<NOTE: Contracts. Exception.>> --In entering
    into multiple award indefinite-quantity contracts with funds
    appropriated by this Act, USAID may provide an exception to the fair
    opportunity process for placing task orders under such contracts when
    the order is placed with any category of small or small disadvantaged
    business.

        (h) Senior Foreign Service Limited Appointments.--Individuals hired
    pursuant to the authority provided by section 7059(o) of the Department
    of State, Foreign Operations, and Related Programs Appropriations Act,
    2010 (division F of Public Law 111-117) may be assigned to or support
    programs in Afghanistan or Pakistan with funds made available in this
    Act and prior Acts making appropriations for the Department of State,
    foreign operations, and related programs.

       stabilization and development in regions impacted by extremism and
                                    conflict

        Sec. 7066. (a) Prevention and Stabilization Fund.--
                (1) Funds and transfer authority.--Of the funds appropriated
            by this Act under the headings ``Economic Support Fund'',
            ``International Narcotics Control and Law Enforcement'',
            ``Nonproliferation, Anti-terrorism, Demining and Related
            Programs'', ``Peacekeeping Operations'', and ``Foreign Military
            Financing Program'', not less than $125,000,000 shall be made
            available for the purposes of the Prevention and Stabilization
            Fund, as authorized by, and for the purposes enumerated in,
            section 509(a) of the Global Fragility Act of 2019 (title V of
            division J of Public Law 116-94), of which $25,000,000 may be
            made available for the Multi-Donor Global Fragility Fund
            authorized by section 510(c) of such Act:  Provided, That such
            funds appropriated under such headings may be transferred to,
            and merged with, funds appropriated under such headings:
            Provided further, <<NOTE: Notification.>>  That such transfer
            authority is in addition to any other transfer authority
            provided by this Act or any other Act, and is subject to the
            regular notification procedures of the Committees on
            Appropriations.
                (2) Transitional justice.--Of the funds appropriated by this
            Act under the headings ``Economic Support Fund'' and
            ``International Narcotics Control and Law Enforcement'' that are
            made available for the Prevention and Stabilization Fund, not
            less than $10,000,000 shall be made available for programs to
            promote accountability for genocide, crimes against humanity,
            and war crimes, which shall be in addition to any other funds
            made available by this Act for such purposes:  Provided, That
            such programs shall include components to develop local
            investigative and judicial skills, and to collect and preserve
            evidence and maintain the chain of custody of evidence,
            including for use in prosecutions, and may include the
            establishment of, and assistance for, transitional justice
            mechanisms:  Provided further, <<NOTE: Consultation.>>  That
            such funds shall be administered by the Special Coordinator for
            the Office of Global Criminal Justice, Department of State, and
            shall be subject

    [[Page 136 STAT. 680]]

            to prior consultation with the Committees on Appropriations:
            Provided further, That funds made available by this paragraph
            shall be made available on an open and competitive basis.

        (b) Global Community Engagement and Resilience Fund.--Funds
    appropriated by this Act and prior Acts making appropriations for the
    Department of State, foreign operations, and related programs under the
    heading ``Economic Support Fund'' may be made available to the Global
    Community Engagement and Resilience Fund (GCERF), including as a
    contribution:  Provided, <<NOTE: Cost-matching. Notification.>>  That
    any such funds made available for the GCERF shall be made available on a
    cost-matching basis from sources other than the United States
    Government, to the maximum extent practicable, and shall be subject to
    the regular notification procedures of the Committees on Appropriations.

        (c) Global Concessional Financing Facility.--Funds appropriated by
    this Act under the heading ``Economic Support Fund'' may be made
    available for the Global Concessional Financing Facility of the World
    Bank to provide financing to support refugees and host communities:
    Provided, <<NOTE: Consultation.>>  That such funds should be in addition
    to funds allocated for bilateral assistance in the report required by
    section 653(a) of the Foreign Assistance Act of 1961, and may only be
    made available subject to prior to consultation with the Committees on
    Appropriations:  Provided further, <<NOTE: Transfer authority.>>  That
    such funds may be transferred to the Department of the Treasury.

                              debt-for-development

        Sec. 7067.  <<NOTE: Notification.>>  In order to enhance the
    continued participation of nongovernmental organizations in debt-for-
    development and debt-for-nature exchanges, a nongovernmental
    organization which is a grantee or contractor of the United States
    Agency for International Development may place in interest bearing
    accounts local currencies which accrue to that organization as a result
    of economic assistance provided under title III of this Act and, subject
    to the regular notification procedures of the Committees on
    Appropriations, any interest earned on such investment shall be used for
    the purpose for which the assistance was provided to that organization.

                                enterprise funds

        Sec. 7068. <<NOTE: Time period. President.>>  (a) Notification.--
    None of the funds made available under titles III through VI of this Act
    may be made available for Enterprise Funds unless the appropriate
    congressional committees are notified at least 15 days in advance.

        (b) Distribution of Assets Plan.--Prior to the distribution of any
    assets resulting from any liquidation, dissolution, or winding up of an
    Enterprise Fund, in whole or in part, the President shall submit to the
    appropriate congressional committees a plan for the distribution of the
    assets of the Enterprise Fund.
        (c) Transition or Operating Plan.--Prior to a transition to and
    operation of any private equity fund or other parallel investment fund
    under an existing Enterprise Fund, the President shall submit such
    transition or operating plan to the appropriate congressional
    committees.

    [[Page 136 STAT. 681]]

               extension of consular fees and related authorities

        Sec. 7069. <<NOTE: Applicability. 22 USC 214 note.>>  (a) Section
    1(b)(1) of the Passport Act of June 4, 1920 (22 U.S.C. 214(b)(1)) shall
    be applied through fiscal year 2022 by substituting ``the costs of
    providing consular services'' for ``such costs''.

        (b) <<NOTE: Applicability.>>  Section 21009 of the Emergency
    Appropriations for Coronavirus Health Response and Agency Operations
    (division B of Public Law 116-136; 134 Stat. 592) shall be applied
    during fiscal year 2022 by substituting ``2020, 2021, and 2022'' for
    ``2020 and 2021''.

        (c) <<NOTE: Transfer
    authority. Determination. Reports. Consultation.>>  Discretionary
    amounts made available to the Department of State under the heading
    ``Administration of Foreign Affairs'' of this Act, and discretionary
    unobligated balances under such heading from prior Acts making
    appropriations for the Department of State, foreign operations, and
    related programs, may be transferred to the Consular and Border Security
    Programs account if the Secretary of State determines and reports to the
    Committees on Appropriations that to do so is necessary to sustain
    consular operations, following consultation with such Committees:
    Provided, That such transfer authority is in addition to any transfer
    authority otherwise available in this Act and under any other provision
    of law:  Provided further, That no amounts may be transferred from
    amounts designated as an emergency requirement pursuant to a concurrent
    resolution on the budget or the Balanced Budget and Emergency Deficit
    Control Act of 1985.

        (d) In addition to the uses permitted pursuant to section
    286(v)(2)(A) of the Immigration and Nationality Act (8 U.S.C.
    1356(v)(2)(A)), for fiscal year 2022, the Secretary of State may also
    use fees deposited into the Fraud Prevention and Detection Account for
    the costs of providing consular services.
        (e) <<NOTE: Effective date. Time periods. 22 USC 214 note.>>
    Beginning on October 1, 2021 and for each fiscal year thereafter, fees
    collected pursuant to subsection (a) of section 1 of the Passport Act of
    June 4, 1920 (22 U.S.C. 214(a)) shall, notwithstanding such subsection,
    be deposited in the Consular and Border Security Programs account as
    discretionary offsetting receipts:  Provided, That amounts deposited in
    fiscal year 2022 shall remain available until expended for the purposes
    of such account:  Provided further, <<NOTE: Regulations.>>  That the
    Secretary of State may by regulation authorize State officials or the
    United States Postal Service to collect and retain the execution fee for
    each application for a passport accepted by such officials or by that
    Service.

        (f) Amounts provided pursuant to subsections (a), (b), and (d) are
    designated by the Congress as being for an emergency requirement
    pursuant to section 4001(a)(1) and section 4001(b) of S. Con. Res. 14
    (117th Congress), the concurrent resolution on the budget for fiscal
    year 2022.

                         organization of american states

        Sec. 7070. (a) The Secretary of State shall instruct the United
    States Permanent Representative to the Organization of American States
    (OAS) to use the voice and vote of the United States to: (1) implement
    budgetary reforms and efficiencies within the Organization; (2)
    eliminate arrears, increase other donor contributions, and impose
    penalties for successive late payment of assessments; (3) prevent
    programmatic and organizational redundancies and consolidate duplicative
    activities and functions; (4) prioritize

    [[Page 136 STAT. 682]]

    areas in which the OAS has expertise, such as strengthening democracy,
    monitoring electoral processes, and protecting human rights; and (5)
    implement reforms within the Office of the Inspector General (OIG) to
    ensure the OIG has the necessary integrity, professionalism,
    independence, policies, and procedures to properly carry out its
    responsibilities in a manner that meets or exceeds best practices in the
    United States.
        (b) <<NOTE: Reports.>>  Prior to the obligation of funds
    appropriated by this Act and made available for an assessed contribution
    to the Organization of American States, but not later than 90 days after
    enactment of this Act, the Secretary of State shall submit a report to
    the Committees on Appropriations on actions taken or planned to be taken
    pursuant to paragraph (a).

                               protective services

        Sec. 7071.  <<NOTE: Consultation. Determination. Reports.>>  Of the
    funds appropriated under the heading ``Diplomatic Programs'' by this Act
    and prior Acts making appropriations for the Department of State,
    foreign operations, and related programs, except for funds designated by
    the Congress as an emergency requirement pursuant to a concurrent
    resolution on the budget or the Balanced Budget and Emergency Deficit
    Control Act of 1985, up to $30,000,000 may be made available to provide
    protective services to former or retired senior Department of State
    officials or employees that the Secretary of State, in consultation with
    the Director of National Intelligence, determines and reports to
    congressional leadership and the appropriate congressional committees,
    face a serious and credible threat from a foreign power or the agent of
    a foreign power arising from duties performed by such official or
    employee while employed by the Department:  Provided, That such
    determination shall include a justification for the provision of
    protective services by the Department, including the identification of
    the specific nature of the threat and the anticipated duration of such
    services provided, which may be submitted in classified form, if
    necessary:  Provided further, <<NOTE: Time
    periods. Extension. Determination.>>  That such protective services
    shall be consistent with other such services performed by the Bureau of
    Diplomatic Security under 22 U.S.C. 2709 for Department officials, and
    shall be made available for an initial period of not more than 180 days,
    which may be extended for additional consecutive periods of 60 days upon
    a subsequent determination by the Secretary that the specific threat
    persists:  Provided further, <<NOTE: Time period. Reports.>>  That not
    later than 45 days after enactment of this Act and quarterly thereafter,
    the Secretary shall submit a report to congressional leadership and the
    appropriate congressional committees detailing the number of individuals
    receiving protective services and the amount of funds expended for such
    services on a case-by-case basis, which may be submitted in classified
    form, if necessary:  Provided further, <<NOTE: Definition.>>  That for
    purposes of this section a former or retired senior Department of State
    official or employee means a person that served in the Department at the
    Assistant Secretary, Special Representative, or Senior Advisor level, or
    in a comparable or more senior position, and has separated from service
    at the Department:  Provided further, That funds made available pursuant
    to this section are in addition to amounts otherwise made available for
    such purposes.

    [[Page 136 STAT. 683]]

                                   rescissions

                        (including rescissions of funds)

        Sec. 7072. (a) Economic Support Fund.--Of the unobligated and
    unexpended balances from amounts made available under the heading
    ``Economic Support Fund'' from prior Acts making appropriations for the
    Department of State, foreign operations, and related programs and
    allocated by the Executive Branch for Afghanistan in the annual reports
    required by section 653(a) of the Foreign Assistance Act of 1961 (22
    U.S.C. 2413(a)), $855,644,000, shall be deobligated, as appropriate, and
    shall be rescinded.
        (b) Millennium Challenge Corporation.--Of the unobligated balances
    from amounts made available under the heading ``Millennium Challenge
    Corporation'' from prior Acts making appropriations for the Department
    of State, foreign operations, and related programs, $515,000,000 are
    rescinded.
        (c) International Narcotics Control and Law Enforcement.--Of the
    unobligated and unexpended balances from amounts made available under
    the heading ``International Narcotics Control and Law Enforcement'' from
    prior Acts making appropriations for the Department of State, foreign
    operations, and related programs and allocated by the Executive Branch
    for Afghanistan in the annual reports required by section 653(a) of the
    Foreign Assistance Act of 1961 (22 U.S.C. 2413(a)), $105,000,000, shall
    be deobligated, as appropriate, and shall be rescinded.
        (d) Peace Corps.--Of the unobligated balances from amounts made
    available under the heading ``Peace Corps'' from prior Acts making
    appropriations for the Department of State, foreign operations, and
    related programs, $70,000,000 are rescinded.
        (e) Embassy Security, Construction, and Maintenance.--
                (1) Of the unobligated and unexpended balances from amounts
            made available under the heading ``Embassy Security,
            Construction, and Maintenance'' in title II of the Security
            Assistance Appropriations Act, 2017 (division B of Public Law
            114-254), $41,000,000 are rescinded.
                (2) Of the unobligated and unexpended balances from amounts
            available under the heading ``Embassy Security, Construction,
            and Maintenance'' from prior Acts making appropriations for the
            Department of State, foreign operations, and related programs
            for Embassy Kabul construction projects, $629,000,000 are
            rescinded.

        (f) Global Security Contingency Fund.--Of the unobligated balances
    from amounts made available under the heading ``Global Security
    Contingency Fund'' from prior Acts making appropriations for the
    Department of State, foreign operations, and related programs and
    identified by Treasury Appropriation Fund Symbol 11 X 1041, $28,135,000
    are rescinded.
        (g) Restriction.--No amounts may be rescinded from amounts that were
    previously designated by the Congress as an emergency requirement
    pursuant to a concurrent resolution on the budget or the Balanced Budget
    and Emergency Deficit Control Act of 1985.
        This division may be cited as the ``Department of State, Foreign
    Operations, and Related Programs Appropriations Act, 2022''.

    [[Page 136 STAT. 684]]

     DIVISION L <<NOTE: Transportation, Housing and Urban Development, and
     Related Agencies Appropriations Act, 2022.>> --TRANSPORTATION, HOUSING
    AND URBAN DEVELOPMENT, AND RELATED AGENCIES APPROPRIATIONS ACT, 2022

        TITLE I <<NOTE: Department of Transportation Appropriations Act,
    2022.>>

                          DEPARTMENT OF TRANSPORTATION

                             Office of the Secretary

                              salaries and expenses

        For necessary expenses of the Office of the Secretary, $141,500,000,
    of which not to exceed $3,515,000 shall be available for the immediate
    Office of the Secretary; not to exceed $1,254,000 shall be available for
    the immediate Office of the Deputy Secretary; not to exceed $25,352,000
    shall be available for the Office of the General Counsel; not to exceed
    $13,069,000 shall be available for the Office of the Under Secretary of
    Transportation for Policy; not to exceed $18,291,000 shall be available
    for the Office of the Assistant Secretary for Budget and Programs; not
    to exceed $3,341,000 shall be available for the Office of the Assistant
    Secretary for Governmental Affairs; not to exceed $34,899,000 shall be
    available for the Office of the Assistant Secretary for Administration;
    not to exceed $3,645,000 shall be available for the Office of Public
    Affairs and Public Engagement; not to exceed $2,116,000 shall be
    available for the Office of the Executive Secretariat; not to exceed
    $14,821,000 shall be available for the Office of Intelligence, Security,
    and Emergency Response; not to exceed $19,747,000 shall be available for
    the Office of the Chief Information Officer; and not to exceed
    $1,450,000 shall be available for the Office of Tribal Government
    Affairs:  Provided, <<NOTE: Transfer authority.>>  That the Secretary of
    Transportation (referred to in this title as the ``Secretary'') is
    authorized to transfer funds appropriated for any office of the Office
    of the Secretary to any other office of the Office of the Secretary:
    Provided further, That no appropriation for any office shall be
    increased or decreased by more than 7 percent by all such transfers:
    Provided further, That notice of <<NOTE: Notice. Funding approval.>>
    any change in funding greater than 7 percent shall be submitted for
    approval to the House and Senate Committees on Appropriations:  Provided
    further, That not to exceed $70,000 shall be for allocation within the
    Department for official reception and representation expenses as the
    Secretary may determine:  Provided further, That notwithstanding any
    other provision of law, there may be credited to this appropriation up
    to $2,500,000 in funds received in user fees:  Provided further, That
    none of the funds provided in this Act shall be available for the
    position of Assistant Secretary for Public Affairs.

                             research and technology

        For necessary expenses related to the Office of the Assistant
    Secretary for Research and Technology, $51,363,000, of which $42,718,000
    shall remain available until expended:  Provided, That there may be
    credited to this appropriation, to be available until expended, funds
    received from States, counties, municipalities, other public
    authorities, and private sources for expenses incurred for training:
    Provided further, <<NOTE: Continuation. 49 USC 112 note.>>  That any
    reference in law, regulation, judicial proceedings, or elsewhere to the
    Research and Innovative

    [[Page 136 STAT. 685]]

    Technology Administration shall continue to be deemed to be a reference
    to the Office of the Assistant Secretary for Research and Technology of
    the Department of Transportation.

                       national infrastructure investments

                          (including transfer of funds)

        For necessary expenses to carry out a local and regional project
    assistance grant program under section 6702 of title 49, United States
    Code, $775,000,000, to remain available until expended:  Provided, That
    section 6702 (f)(2) of title 49, United States Code, shall not apply to
    amounts made available under this heading in this Act:  Provided
    further, That of amounts made available under this heading in this Act,
    not less than $20,000,000 shall be awarded to projects in historically
    disadvantaged communities or areas of persistent poverty as defined
    under section 6702(a)(1) of title 49, United States Code:  Provided
    further, That section 6702(g) of title 49, United States Code, shall not
    apply to amounts made available under this heading in this Act:
    Provided further, That of the amounts made available under this heading
    in this Act not less than 5 percent shall be made available for the
    planning, preparation, or design of eligible projects:  Provided
    further, <<NOTE: Grants.>>  That grants awarded under this heading in
    this Act for eligible projects for planning, preparation, or design
    shall not be subject to a minimum grant size:  Provided
    further, <<NOTE: Distribution.>>  That in distributing amounts made
    available under this heading in this Act, the Secretary shall take such
    measures so as to ensure an equitable geographic distribution of funds,
    an appropriate balance in addressing the needs of urban and rural areas,
    including Tribal areas, and the investment in a variety of
    transportation modes:  Provided further, That a grant award under this
    heading in this Act shall be not greater than $45,000,000:  Provided
    further, That section 6702(c)(3) of title 49, United States Code, shall
    not apply to amounts made available under this heading in this Act:
    Provided further, That not more than 15 percent of the amounts made
    available under this heading in this Act may be awarded to projects in a
    single state:  Provided further, That for amounts made available under
    this heading in this Act, the Secretary shall give priority to projects
    that require a contribution of Federal funds in order to complete an
    overall financing package:  Provided further, That section 6702(f)(1) of
    title 49, United States Code, shall not apply to amounts made available
    under this heading in this Act:  Provided
    further, <<NOTE: Allocations. Urban and rural areas.>>  That of the
    amounts awarded under this heading in this Act, not more than 50 percent
    shall be allocated for eligible projects located in rural areas and not
    more than 50 percent shall be allocated for eligible projects located in
    urbanized areas:  Provided further, <<NOTE: Determination. Urban and
    rural areas.>>  That for the purpose of determining if an award for
    planning, preparation, or design under this heading in this Act is an
    urban award, the project location is the location of the project being
    planned, prepared, or designed:  Provided further, That the Secretary
    may retain up to 2 percent of the amounts made available under this
    heading in this Act, and may transfer portions of such amounts to the
    Administrators of the Federal Aviation Administration, the Federal
    Highway Administration, the Federal Transit Administration, the Federal
    Railroad Administration and the Maritime Administration to fund the
    award and oversight of grants and credit assistance

    [[Page 136 STAT. 686]]

    made under the program authorized under section 6702 of title 49, United
    States Code:  Provided further, That for amounts made available under
    this heading in this Act, the Secretary shall consider and award
    projects based solely on the selection criteria as identified under
    section 6702(d)(3) and (d)(4) of title 49, United States Code.

                         thriving communities initiative

                          (including transfer of funds)

        For necessary expenses for a thriving communities program,
    $25,000,000, to remain available until September 30, 2024:
    Provided, <<NOTE: Contracts.>>  That the Secretary of Transportation
    shall make such amounts available for technical assistance and
    cooperative agreements to develop and implement technical assistance,
    planning, and capacity building to improve and foster thriving
    communities through transportation improvements:  Provided
    further, <<NOTE: Contracts.>>  That the Secretary may enter into
    cooperative agreements with philanthropic entities, non-profit
    organizations, other Federal agencies, state or local governments and
    their agencies, Indian Tribes, or other technical assistance providers,
    to provide such technical assistance, planning, and capacity building to
    state, local, or Tribal governments, United States territories,
    metropolitan planning organizations, transit agencies, or other
    political subdivisions of state or local governments:  Provided
    further, <<NOTE: Contracts.>>  That to be eligible for a cooperative
    agreement under this heading, a recipient shall provide assistance to
    entities described in the preceding proviso on engaging in public
    planning processes with residents, local businesses, non-profit
    organizations, and to the extent practicable, philanthropic
    organizations, educational institutions, or other community
    stakeholders:  Provided further, <<NOTE: Contracts.>>  That such
    cooperative agreements shall facilitate the planning and development of
    transportation and community revitalization activities supported by the
    Department of Transportation under titles 23, 46, and 49, United States
    Code, that increase mobility, reduce pollution from transportation
    sources, expand affordable transportation options, facilitate efficient
    land use, preserve or expand jobs, improve housing conditions, enhance
    connections to health care, education, and food security, or improve
    health outcomes:  Provided further, That the Secretary may prioritize
    assistance provided with amounts made available under this heading to
    communities that have disproportionate rates of pollution and poor air
    quality, communities experiencing disproportionate effects (as defined
    by Executive Order No. 12898), areas of persistent poverty as defined in
    section 6702(a)(1) of title 49, United States Code, or historically
    disadvantaged communities:  Provided further, That the preceding proviso
    shall not prevent the Secretary from providing assistance with amounts
    made available under this heading to entities described in the second
    proviso under this heading that request assistance through the thriving
    communities program:  Provided further, That planning and technical
    assistance made available under this heading may include pre-application
    assistance for capital projects eligible under titles 23, 46, and 49,
    United States Code:  Provided further, That the Secretary may retain
    amounts made available under this heading for the necessary
    administrative expenses of (1) developing and disseminating best
    practices, modeling, and cost-benefit analysis methodologies to assist
    entities described in the second proviso under this

    [[Page 136 STAT. 687]]

    heading with applications for financial assistance programs under titles
    23, 46, and 49, United States Code, and (2) award, administration, and
    oversight of cooperative agreements to carry out the provisions under
    this heading:  Provided further, That such amounts and payments as may
    be necessary to carry out the thriving communities program may be
    transferred to appropriate accounts of other operating administrations
    within the Department of Transportation.

          national surface transportation and innovative finance bureau

        For necessary expenses of the National Surface Transportation and
    Innovative Finance Bureau as authorized by 49 U.S.C. 116, $3,800,000, to
    remain available until expended:  Provided, <<NOTE: Fees.>>  That the
    Secretary may collect and spend fees, as authorized by title 23, United
    States Code, to cover the costs of services of expert firms, including
    counsel, in the field of municipal and project finance to assist in the
    underwriting and servicing of Federal credit instruments and all or a
    portion of the costs to the Federal Government of servicing such credit
    instruments:  Provided further, That such fees are available until
    expended to pay for such costs:  Provided further, That such amounts are
    in addition to other amounts made available for such purposes and are
    not subject to any obligation limitation or the limitation on
    administrative expenses under section 608 of title 23, United States
    Code.

            railroad rehabilitation and improvement financing program

         <<NOTE: Loans.>> The Secretary is authorized to issue direct loans
    and loan guarantees pursuant to chapter 224 of title 49, United States
    Code, and such authority shall exist as long as any such direct loan or
    loan guarantee is outstanding.

                          financial management capital

        For necessary expenses for upgrading and enhancing the Department of
    Transportation's financial systems and re-engineering business
    processes, $5,000,000, to remain available through September 30, 2023.

                           cyber security initiatives

        For necessary expenses for cyber security initiatives, including
    necessary upgrades to network and information technology infrastructure,
    improvement of identity management and authentication capabilities,
    securing and protecting data, implementation of Federal cyber security
    initiatives, and implementation of enhanced security controls on agency
    computers and mobile devices, $39,400,000, to remain available until
    September 30, 2023.

                             office of civil rights

        For necessary expenses of the Office of Civil Rights, $11,564,000.

    [[Page 136 STAT. 688]]

               transportation planning, research, and development

                          (including transfer of funds)

        For necessary expenses for conducting transportation planning,
    research, systems development, development activities, and making
    grants, $29,863,000, to remain available until expended:  Provided, That
    of such amount, $2,000,000 shall be for necessary expenses of the
    Interagency Infrastructure Permitting Improvement Center (IIPIC):
    Provided further, That there may be transferred to this appropriation,
    to remain available until expended, amounts transferred from other
    Federal agencies for expenses incurred under this heading for IIPIC
    activities not related to transportation infrastructure:  Provided
    further, That the tools and analysis developed by the IIPIC shall be
    available to other Federal agencies for the permitting and review of
    major infrastructure projects not related to transportation only to the
    extent that other Federal agencies provide funding to the Department in
    accordance with the preceding proviso:  Provided further, That of the
    amounts made available under this heading, $7,066,000 shall be made
    available for the purposes, and in amounts, specified for Community
    Project Funding/Congressionally Directed Spending in the table entitled
    ``Community Project Funding/Congressionally Directed Spending'' included
    in the explanatory statement described in section 4 (in the matter
    preceding division A of this consolidated Act).

                              working capital fund

                          (including transfer of funds)

        For necessary expenses for operating costs and capital outlays of
    the Working Capital Fund, not to exceed $419,173,000, shall be paid from
    appropriations made available to the Department of Transportation:
    Provided, That such services shall be provided on a competitive basis to
    entities within the Department of Transportation:  Provided further,
    That the limitation in the preceding proviso on operating expenses shall
    not apply to entities external to the Department of Transportation or
    for funds provided in Public Law 117-58:  Provided further, That no
    funds made available by this Act to an agency of the Department shall be
    transferred to the Working Capital Fund without majority approval of the
    Working Capital Fund Steering Committee and approval of the Secretary:
    Provided further, <<NOTE: Assessments. Notification.>>  That no
    assessments may be levied against any program, budget activity,
    subactivity, or project funded by this Act unless notice of such
    assessments and the basis therefor are presented to the House and Senate
    Committees on Appropriations and are approved by such Committees.

            small and disadvantaged business utilization and outreach

        For necessary expenses for small and disadvantaged business
    utilization and outreach activities, $4,977,000, to remain available
    until September 30, 2023:  Provided, That notwithstanding section 332 of
    title 49, United States Code, such amounts may be used for business
    opportunities related to any mode of transportation:  Provided further,
    That appropriations made available under this heading shall be available
    for any purpose consistent with prior year appropriations that were made
    available under the heading

    [[Page 136 STAT. 689]]

    ``Office of the Secretary--Minority Business Resource Center Program''.

                            payments to air carriers

                         (airport and airway trust fund)

        In addition to funds made available from any other source to carry
    out the essential air service program under sections 41731 through 41742
    of title 49, United States Code, $350,000,000, to be derived from the
    Airport and Airway Trust Fund, to remain available until expended:
    Provided, <<NOTE: Determination.>>  That in determining between or among
    carriers competing to provide service to a community, the Secretary may
    consider the relative subsidy requirements of the carriers:  Provided
    further, That basic essential air service minimum requirements shall not
    include the 15-passenger capacity requirement under section 41732(b)(3)
    of title 49, United States Code:  Provided further, That amounts
    authorized to be distributed for the essential air service program under
    section 41742(b) of title 49, United States Code, shall be made
    available immediately from amounts otherwise provided to the
    Administrator of the Federal Aviation Administration:  Provided
    further, <<NOTE: Reimbursement.>>  That the Administrator may reimburse
    such amounts from fees credited to the account established under section
    45303 of title 49, United States Code:  Provided further, That,
    notwithstanding section 41733 of title 49, United States Code, for
    fiscal year 2022, the requirements established under subparagraphs (B)
    and (C) of section 41731(a)(1) of title 49, United States Code, and the
    subsidy cap established by section 332 of the Department of
    Transportation and Related Agencies Appropriations Act, 2000, shall not
    apply to maintain eligibility under section 41731 of title 49, United
    States Code.

      administrative provisions--office of the secretary of transportation

        Sec. 101.  <<NOTE: Assessments. Contracts.>>  None of the funds made
    available by this Act to the Department of Transportation may be
    obligated for the Office of the Secretary of Transportation to approve
    assessments or reimbursable agreements pertaining to funds appropriated
    to the operating administrations in this Act, except for activities
    underway on the date of enactment of this Act, unless such assessments
    or agreements have completed the normal reprogramming process for
    congressional notification.

        Sec. 102.  <<NOTE: Web posting. Public
    information. Requirement. Records.>>  The Secretary shall post on the
    web site of the Department of Transportation a schedule of all meetings
    of the Council on Credit and Finance, including the agenda for each
    meeting, and require the Council on Credit and Finance to record the
    decisions and actions of each meeting.

        Sec. 103.  <<NOTE: Reimbursements. Transit benefits.>>  In addition
    to authority provided by section 327 of title 49, United States Code,
    the Department's Working Capital Fund is authorized to provide partial
    or full payments in advance and accept subsequent reimbursements from
    all Federal agencies from available funds for transit benefit
    distribution services that are necessary to carry out the Federal
    transit pass transportation fringe benefit program under Executive Order
    No. 13150 and section 3049 of SAFETEA-LU (5 U.S.C. 7905 note):
    Provided, That the Department shall maintain a reasonable operating
    reserve in the Working Capital Fund, to be expended in advance to
    provide

    [[Page 136 STAT. 690]]

    uninterrupted transit benefits to Government employees:  Provided
    further, That such reserve shall not exceed 1 month of benefits payable
    and may be used only for the purpose of providing for the continuation
    of transit benefits:  Provided further, That the Working Capital Fund
    shall be fully reimbursed by each customer agency from available funds
    for the actual cost of the transit benefit.

        Sec. 104.  Receipts collected in the Department's Working Capital
    Fund, as authorized by section 327 of title 49, United States Code, for
    unused transit and van pool benefits, in an amount not to exceed 10
    percent of fiscal year 2022 collections, shall be available until
    expended in the Department's Working Capital Fund to provide contractual
    services in support of section 189 of this Act:  Provided, That
    obligations in fiscal year 2022 of such collections shall not exceed
    $1,000,000.
        Sec. 105.  Funds made available in division K of the Consolidated
    and Further Continuing Appropriations Act, 2015 (Public Law 113-235)
    under the heading ``Department of Transportation--Office of the
    Secretary--National Infrastructure Investments'' for transit and highway
    projects that were available for obligation through fiscal year 2017
    shall remain available through fiscal year 2023 for the liquidation of
    valid obligations incurred during fiscal years 2015 through 2017 of
    active grants awarded with such funds.
        Sec. 106.  <<NOTE: Retention bonuses. Advance approval.>>  None of
    the funds in this title may be obligated or expended for retention or
    senior executive bonuses for an employee of the Department of
    Transportation without the prior written approval of the Assistant
    Secretary for Administration.

        Sec. 107.  In addition to authority provided by section 327 of title
    49, United States Code, the Department's Administrative Working Capital
    Fund is hereby authorized to transfer information technology equipment,
    software, and systems from Departmental sources or other entities and
    collect and maintain a reserve at rates which will return full cost of
    transferred assets.
        Sec. 108.  <<NOTE: Deadline. Notification.>>  None of the funds
    provided in this Act to the Department of Transportation may be used to
    provide credit assistance unless not less than 3 days before any
    application approval to provide credit assistance under sections 603 and
    604 of title 23, United States Code, the Secretary provides notification
    in writing to the following committees: the House and Senate Committees
    on Appropriations; the Committee on Environment and Public Works and the
    Committee on Banking, Housing and Urban Affairs of the Senate; and the
    Committee on Transportation and Infrastructure of the House of
    Representatives:  Provided, That such notification shall include, but
    not be limited to, the name of the project sponsor; a description of the
    project; whether credit assistance will be provided as a direct loan,
    loan guarantee, or line of credit; and the amount of credit assistance.

        Sec. 109.  For an additional amount for ``Railroad Rehabilitation
    and Improvement Financing Program'' for the cost of modifications, as
    defined by section 502 of the Federal Credit Reform Act of 1990, of
    direct loans issued pursuant to sections 501 through 504 of the Railroad
    Revitalization and Regulatory Reform Act of 1976 (Public Law 94-210), as
    amended, and included in cohort 3, as defined by the Department of
    Transportation's memorandum to the Office of Management and Budget dated
    November 5, 2018, $10,000,000, to remain available until expended:
    Provided, <<NOTE: Payments. Deadline.>>  That for a direct loan included
    in cohort 3, as defined in the memorandum described in the preceding
    proviso, that has satisfied all obligations

    [[Page 136 STAT. 691]]

    attached to such loan, the Secretary shall repay the credit risk
    premiums of such loan, with interest accrued thereon, not later than 60
    days after the enactment of this Act or, for a direct loan included in
    cohort 3 with obligations that have not yet been satisfied, not later
    than 60 days after the date on which all obligations attached to such
    loan have been satisfied.

        Sec. 109A.  Section 312(a) of title 49 United States Code, shall be
    amended by striking ``land-based,'' after ``operation of a''.

                         Federal Aviation Administration

                                   operations

                         (airport and airway trust fund)

        For necessary expenses of the Federal Aviation Administration, not
    otherwise provided for, including operations and research activities
    related to commercial space transportation, administrative expenses for
    research and development, establishment of air navigation facilities,
    the operation (including leasing) and maintenance of aircraft,
    subsidizing the cost of aeronautical charts and maps sold to the public,
    the lease or purchase of passenger motor vehicles for replacement only,
    $11,414,100,000, to remain available until September 30, 2023, of which
    $6,414,100,000 to be derived from the Airport and Airway Trust Fund:
    Provided, That of the amounts made available under this heading--
                (1) not less than $1,536,298,000 shall be available for
            aviation safety activities;
                (2) $8,472,585,000 shall be available for air traffic
            organization activities;
                (3) $32,470,000 shall be available for commercial space
            transportation activities;
                (4) $889,216,000 shall be available for finance and
            management activities;
                (5) $63,955,000 shall be available for NextGen and
            operations planning activities;
                (6) $139,466,000 shall be available for security and
            hazardous materials safety; and
                (7) $280,110,000 shall be available for staff offices:

      Provided further, <<NOTE: Transfer authority.>>  That not to exceed 5
    percent of any budget activity, except for aviation safety budget
    activity, may be transferred to any budget activity under this heading:
    Provided further, That no transfer may increase or decrease any
    appropriation under this heading by more than 5 percent:  Provided
    further, That any transfer in excess of 5 percent shall be treated as a
    reprogramming of funds under section 405 of this Act and shall not be
    available for obligation or expenditure except in compliance with the
    procedures set forth in that section:  Provided
    further, <<NOTE: Deadline. Updates. 49 USC 44506 note.>>  That not later
    than 60 days after the submission of the budget request, the
    Administrator of the Federal Aviation Administration shall transmit to
    Congress an annual update to the report submitted to Congress in
    December 2004 pursuant to section 221 of the Vision 100-Century of
    Aviation Reauthorization Act (49 U.S.C. 40101 note):  Provided
    further, <<NOTE: Late penalties. Deadline.>>  That the amounts made
    available under this heading shall be reduced by $100,000 for each day
    after 60 days after the submission of the budget request that such
    report has not been transmitted to Congress:  Provided
    further, <<NOTE: Reports. 49 USC 44502 note.>>  That not later than 60
    days after

    [[Page 136 STAT. 692]]

    the submission of the budget request, the Administrator shall transmit
    to Congress a companion report that describes a comprehensive strategy
    for staffing, hiring, and training flight standards and aircraft
    certification staff in a format similar to the one utilized for the
    controller staffing plan, including stated attrition estimates and
    numerical hiring goals by fiscal year:  Provided further, <<NOTE: Late
    penalties. Deadline.>>  That the amounts made available under this
    heading shall be reduced by $100,000 for each day after the date that is
    60 days after the submission of the budget request that such report has
    not been submitted to Congress:  Provided
    further, <<NOTE: Grants. Contracts. Nonprofit. Safety standards.>>  That
    funds may be used to enter into a grant agreement with a nonprofit
    standard-setting organization to assist in the development of aviation
    safety standards:  Provided further, That none of the funds made
    available by this Act shall be available for new applicants for the
    second career training program:  Provided further, <<NOTE: Fees.>>  That
    none of the funds made available by this Act shall be available for the
    Federal Aviation Administration to finalize or implement any regulation
    that would promulgate new aviation user fees not specifically authorized
    by law after the date of the enactment of this Act:  Provided further,
    That there may be credited to this appropriation, as offsetting
    collections, funds received from States, counties, municipalities,
    foreign authorities, other public authorities, and private sources for
    expenses incurred in the provision of agency services, including
    receipts for the maintenance and operation of air navigation facilities,
    and for issuance, renewal or modification of certificates, including
    airman, aircraft, and repair station certificates, or for tests related
    thereto, or for processing major repair or alteration forms:  Provided
    further, That of the amounts made available under this heading, not less
    than $178,000,000 shall be used to fund direct operations of the current
    air traffic control towers in the contract tower program, including the
    contract tower cost share program, and any airport that is currently
    qualified or that will qualify for the program during the fiscal year:
    Provided further, That none of the funds made available by this Act for
    aeronautical charting and cartography are available for activities
    conducted by, or coordinated through, the Working Capital Fund:
    Provided further, That none of the funds appropriated or otherwise made
    available by this Act or any other Act may be used to eliminate the
    Contract Weather Observers program at any airport.

                            facilities and equipment

                         (airport and airway trust fund)

        For necessary expenses, not otherwise provided for, for acquisition,
    establishment, technical support services, improvement by contract or
    purchase, and hire of national airspace systems and experimental
    facilities and equipment, as authorized under part A of subtitle VII of
    title 49, United States Code, including initial acquisition of necessary
    sites by lease or grant; engineering and service testing, including
    construction of test facilities and acquisition of necessary sites by
    lease or grant; construction and furnishing of quarters and related
    accommodations for officers and employees of the Federal Aviation
    Administration stationed at remote localities where such accommodations
    are not available; and the purchase, lease, or transfer of aircraft from
    funds made available under this heading, including aircraft for aviation
    regulation and certification;

    [[Page 136 STAT. 693]]

    to be derived from the Airport and Airway Trust Fund, $2,892,887,500, of
    which $550,000,000 is for personnel and related expenses and shall
    remain available until September 30, 2023, $1,980,722,500 shall remain
    available until September 30, 2024, and $362,165,000 is for terminal
    facilities and shall remain available until September 30, 2026:
    Provided, That there may be credited to this appropriation funds
    received from States, counties, municipalities, other public
    authorities, and private sources, for expenses incurred in the
    establishment, improvement, and modernization of national airspace
    systems:  Provided further, <<NOTE: Deadline. Investment plan. Time
    period.>>  That not later than 60 days after submission of the budget
    request, the Secretary of Transportation shall transmit to the Congress
    an investment plan for the Federal Aviation Administration which
    includes funding for each budget line item for fiscal years 2023 through
    2027, with total funding for each year of the plan constrained to the
    funding targets for those years as estimated and approved by the Office
    of Management and Budget:  Provided further, <<NOTE: Applicability.>>
    That section 405 of this Act shall apply to amounts made available under
    this heading in Title VIII of the Infrastructure Investments and Jobs
    Appropriations Act (division J of Public Law 117-58):  Provided further,
    That the amounts in the table entitled ``Allocation of Funds for FAA
    Facilities and Equipment from the Infrastructure Investment and Jobs
    Act--Fiscal Year 2022'' in the explanatory statement described in
    section 4 (in the matter preceding division A of this consolidated Act)
    shall be the baseline for application of reprogramming and transfer
    authorities for the current fiscal year pursuant to paragraph (7) of
    such section 405 for amounts referred to in the preceding proviso:
    Provided further, <<NOTE: Advance approval. Transfer authority.>>  That,
    notwithstanding paragraphs (5) and (6) of such section 405, unless prior
    approval is received from the House and Senate Committees on
    Appropriations, not to exceed 10 percent of any funding level specified
    for projects and activities in the table referred to in the preceding
    proviso may be transferred to any other funding level specified for
    projects and activities in such table and no transfer of such funding
    levels may increase or decrease any funding level in such table by more
    than 10 percent.

                     research, engineering, and development

                         (airport and airway trust fund)

        For necessary expenses, not otherwise provided for, for research,
    engineering, and development, as authorized under part A of subtitle VII
    of title 49, United States Code, including construction of experimental
    facilities and acquisition of necessary sites by lease or grant,
    $248,500,000, to be derived from the Airport and Airway Trust Fund and
    to remain available until September 30, 2024:  Provided, That there may
    be credited to this appropriation as offsetting collections, funds
    received from States, counties, municipalities, other public
    authorities, and private sources, which shall be available for expenses
    incurred for research, engineering, and development:  Provided further,
    That amounts made available under this heading shall be used in
    accordance with the explanatory statement described in section 4 (in the
    matter preceding division A of this consolidated Act):  Provided
    further, <<NOTE: Transfer authority.>>  That not to exceed 10 percent of
    any funding level specified under this heading in the explanatory
    statement described in section 4 (in the matter

    [[Page 136 STAT. 694]]

    preceding division A of this consolidated Act) may be transferred to any
    other funding level specified under this heading in the explanatory
    statement described in section 4 (in the matter preceding division A of
    this consolidated Act):  Provided further, That no transfer may increase
    or decrease any funding level by more than 10 percent:  Provided
    further, That any transfer in excess of 10 percent shall be treated as a
    reprogramming of funds under section 405 of this Act and shall not be
    available for obligation or expenditure except in compliance with the
    procedures set forth in that section.

                           grants-in-aid for airports

                     (liquidation of contract authorization)

                           (limitation on obligations)

                         (airport and airway trust fund)

                          (including transfer of funds)

        For liquidation of obligations incurred for grants-in-aid for
    airport planning and development, and noise compatibility planning and
    programs as authorized under subchapter I of chapter 471 and subchapter
    I of chapter 475 of title 49, United States Code, and under other law
    authorizing such obligations; for procurement, installation, and
    commissioning of runway incursion prevention devices and systems at
    airports of such title; for grants authorized under section 41743 of
    title 49, United States Code; and for inspection activities and
    administration of airport safety programs, including those related to
    airport operating certificates under section 44706 of title 49, United
    States Code, $3,350,000,000, to be derived from the Airport and Airway
    Trust Fund and to remain available until expended:  Provided, That none
    of the amounts made available under this heading shall be available for
    the planning or execution of programs the obligations for which are in
    excess of $3,350,000,000, in fiscal year 2022, notwithstanding section
    47117(g) of title 49, United States Code:  Provided further, That none
    of the amounts made available under this heading shall be available for
    the replacement of baggage conveyor systems, reconfiguration of terminal
    baggage areas, or other airport improvements that are necessary to
    install bulk explosive detection systems:  Provided further, That
    notwithstanding section 47109(a) of title 49, United States Code, the
    Government's share of allowable project costs under paragraph (2) of
    such section for subgrants or paragraph (3) of such section shall be 95
    percent for a project at other than a large or medium hub airport that
    is a successive phase of a multi-phased construction project for which
    the project sponsor received a grant in fiscal year 2011 for the
    construction project:  Provided further, That notwithstanding any other
    provision of law, of amounts limited under this heading, not more than
    $127,165,000 shall be available for administration, not less than
    $15,000,000 shall be available for the Airport Cooperative Research
    Program, not less than $40,961,000 shall be available for Airport
    Technology Research, and $10,000,000, to remain available until
    expended, shall be available and transferred to ``Office of the
    Secretary, Salaries and Expenses'' to carry out the Small Community Air
    Service Development Program:  Provided further, <<NOTE: Request for
    proposals.>>  That in addition to airports

    [[Page 136 STAT. 695]]

    eligible under section 41743 of title 49, United States Code, such
    program may include the participation of an airport that serves a
    community or consortium that is not larger than a small hub airport,
    according to FAA hub classifications effective at the time the Office of
    the Secretary issues a request for proposals.

                           grants-in-aid for airports

        For an additional amount for ``Grants-In-Aid for Airports'', to
    enable the Secretary of Transportation to make grants for projects as
    authorized by subchapter 1 of chapter 471 and subchapter 1 of chapter
    475 of title 49, United States Code, $554,180,000, to remain available
    through September 30, 2024:  Provided, That amounts made available under
    this heading shall be derived from the general fund, and such funds
    shall not be subject to apportionment formulas, special apportionment
    categories, or minimum percentages under chapter 471 of title 49, United
    States Code:  Provided further, That of the amounts made available under
    this heading, $279,180,135 shall be made available for the purposes, and
    in amounts, specified for Community Project Funding/Congressionally
    Directed Spending in the table entitled ``Community Project Funding/
    Congressionally Directed Spending'' included in the explanatory
    statement described in section 4 (in the matter preceding division A of
    this consolidated Act):  Provided further, <<NOTE: Distribution.>>  That
    any funds made available under this heading in this Act that remain
    available after the distribution of funds under the preceding proviso
    shall be available to the Secretary to distribute as discretionary
    grants to airports:  Provided further, That the amounts made available
    under this heading shall not be subject to any limitation on obligations
    for the Grants-in-Aid for Airports program set forth in any Act:
    Provided further, That the Administrator of the Federal Aviation
    Administration may retain up to 0.5 percent of the amounts made
    available under this heading to fund the award and oversight by the
    Administrator of grants made under this heading.

           administrative provisions--federal aviation administration

        Sec. 110.  None of the funds made available by this Act may be used
    to compensate in excess of 600 technical staff-years under the federally
    funded research and development center contract between the Federal
    Aviation Administration and the Center for Advanced Aviation Systems
    Development during fiscal year 2022.
        Sec. 111.  None of the funds made available by this Act shall be
    used to pursue or adopt guidelines or regulations requiring airport
    sponsors to provide to the Federal Aviation Administration without cost
    building construction, maintenance, utilities and expenses, or space in
    airport sponsor-owned buildings for services relating to air traffic
    control, air navigation, or weather reporting:  Provided, That the
    prohibition on the use of funds in this section does not apply to
    negotiations between the agency and airport sponsors to achieve
    agreement on ``below-market'' rates for these items or to grant
    assurances that require airport sponsors to provide land without cost to
    the Federal Aviation Administration for air traffic control facilities.
        Sec. 112.  <<NOTE: Reimbursement.>>  The Administrator of the
    Federal Aviation Administration may reimburse amounts made available to
    satisfy section 41742(a)(1) of title 49, United States Code, from fees
    credited under

    [[Page 136 STAT. 696]]

    section 45303 of title 49, United States Code, and any amount remaining
    in such account at the close of any fiscal year may be made available to
    satisfy section 41742(a)(1) of title 49, United States Code, for the
    subsequent fiscal year.

        Sec. 113.  Amounts collected under section 40113(e) of title 49,
    United States Code, shall be credited to the appropriation current at
    the time of collection, to be merged with and available for the same
    purposes as such appropriation.
        Sec. 114.  None of the funds made available by this Act shall be
    available for paying premium pay under section 5546(a) of title 5,
    United States Code, to any Federal Aviation Administration employee
    unless such employee actually performed work during the time
    corresponding to such premium pay.
        Sec. 115.  None of the funds made available by this Act may be
    obligated or expended for an employee of the Federal Aviation
    Administration to purchase a store gift card or gift certificate through
    use of a Government-issued credit card.
        Sec. 116.  Notwithstanding any other provision of law, none of the
    funds made available under this Act or any prior Act may be used to
    implement or to continue to implement any limitation on the ability of
    any owner or operator of a private aircraft to obtain, upon a request to
    the Administrator of the Federal Aviation Administration, a blocking of
    that owner's or operator's aircraft registration number, Mode S
    transponder code, flight identification, call sign, or similar
    identifying information from any ground based display to the public that
    would allow the real-time or near real-time flight tracking of that
    aircraft's movements, except data made available to a Government agency,
    for the noncommercial flights of that owner or operator.
        Sec. 117.  None of the funds made available by this Act shall be
    available for salaries and expenses of more than nine political and
    Presidential appointees in the Federal Aviation Administration.
        Sec. 118.  <<NOTE: Fees. Reports.>>  None of the funds made
    available by this Act may be used to increase fees pursuant to section
    44721 of title 49, United States Code, until the Federal Aviation
    Administration provides to the House and Senate Committees on
    Appropriations a report that justifies all fees related to aeronautical
    navigation products and explains how such fees are consistent with
    Executive Order No. 13642.

        Sec. 119.  <<NOTE: Notification. Deadline.>>  None of the funds made
    available by this Act may be used to close a regional operations center
    of the Federal Aviation Administration or reduce its services unless the
    Administrator notifies the House and Senate Committees on Appropriations
    not less than 90 full business days in advance.

        Sec. 119A.  <<NOTE: New Jersey.>>  None of the funds made available
    by or limited by this Act may be used to change weight restrictions or
    prior permission rules at Teterboro airport in Teterboro, New Jersey.

        Sec. 119B.  <<NOTE: Determination.>>  None of the funds made
    available by this Act may be used by the Administrator of the Federal
    Aviation Administration to withhold from consideration and approval any
    new application for participation in the Contract Tower Program, or for
    reevaluation of Cost-share Program participants so long as the Federal
    Aviation Administration has received an application from the airport,
    and so long as the Administrator determines such tower is eligible using
    the factors set forth in Federal Aviation Administration published
    establishment criteria.

    [[Page 136 STAT. 697]]

        Sec. 119C.  <<NOTE: Reprogramming request.>>  None of the funds made
    available by this Act may be used to open, close, redesignate as a
    lesser office, or reorganize a regional office, the aeronautical center,
    or the technical center unless the Administrator submits a request for
    the reprogramming of funds under section 405 of this Act.

        Sec. 119D.  <<NOTE: Reimbursement.>>  The Federal Aviation
    Administration Administrative Services Franchise Fund may be reimbursed
    after performance or paid in advance from funds available to the Federal
    Aviation Administration and other Federal agencies for which the Fund
    performs services.

        Sec. 119E.  <<NOTE: Reimbursement. President.>>  Of the funds
    provided under the heading ``Grants-in-aid for Airports'', up to
    $3,500,000 shall be for necessary expenses, including an independent
    verification regime, to provide reimbursement to airport sponsors that
    do not provide gateway operations and providers of general aviation
    ground support services, or other aviation tenants, located at those
    airports closed during a temporary flight restriction (TFR) for any
    residence of the President that is designated or identified to be
    secured by the United States Secret Service, and for direct and
    incremental financial losses incurred while such airports are closed
    solely due to the actions of the Federal Government:
    Provided, <<NOTE: Audit.>>  That no funds shall be obligated or
    distributed to airport sponsors that do not provide gateway operations
    and providers of general aviation ground support services until an
    independent audit is completed:  Provided further, That losses incurred
    as a result of violations of law, or through fault or negligence, of
    such operators and service providers or of third parties (including
    airports) are not eligible for reimbursements:  Provided further, That
    obligation and expenditure of funds are conditional upon full release of
    the United States Government for all claims for financial losses
    resulting from such actions.

        Sec. 119F.  None of the funds appropriated or otherwise made
    available to the FAA may be used to carry out the FAA's obligations
    under section 44502(e) of title 49, United States Code, unless the
    eligible air traffic system or equipment to be transferred to the FAA
    under section 44502(e) of title 49, United States Code, was purchased by
    the transferor airport--
                (1) <<NOTE: Time period.>>  during the period of time
            beginning on October 5, 2018 and ending on December 31, 2021; or
                (2) <<NOTE: Effective date.>>  on or after January 1, 2022
            for transferor airports located in a non-contiguous states.

                         Federal Highway Administration

                      limitation on administrative expenses

                              (highway trust fund)

                          (including transfer of funds)

        Not to exceed $463,716,697 together with advances and reimbursements
    received by the Federal Highway Administration, shall be obligated for
    necessary expenses for administration and operation of the Federal
    Highway Administration:  Provided, That in addition, $3,248,000 shall be
    transferred to the Appalachian Regional Commission in accordance with
    section 104(a) of title 23, United States Code.

    [[Page 136 STAT. 698]]

                              federal-aid highways

                           (limitation on obligations)

                              (highway trust fund)

        Funds <<NOTE: 23 USC 104 note.>>  available for the implementation
    or execution of authorized Federal-aid highway and highway safety
    construction programs shall not exceed total obligations of
    $57,473,430,072 for fiscal year 2022.

                     (liquidation of contract authorization)

                              (highway trust fund)

        For the payment of obligations incurred in carrying out authorized
    Federal-aid highway and highway safety construction programs authorized
    under title 23, United States Code, $58,212,430,072 derived from the
    Highway Trust Fund (other than the Mass Transit Account), to remain
    available until expended.

                         highway infrastructure programs

                          (including transfer of funds)

        There is hereby appropriated to the Secretary $2,444,927,823:
    Provided, That the funds made available under this heading shall be
    derived from the general fund, shall be in addition to any funds
    provided for fiscal year 2022 in this or any other Act for: (1)
    ``Federal-aid Highways'' under chapter 1 of title 23, United States
    Code; (2) the Appalachian Development Highway System as authorized under
    section 1069(y) of Public Law 102-240; or (3) the Northern Border
    Regional Commission (40 U.S.C. 15101 et seq.), and shall not affect the
    distribution or amount of funds provided in any other Act:  Provided
    further, <<NOTE: Applicability.>>  That, except for funds made available
    under this heading for the Northern Border Regional Commission, section
    11101(e) of Public Law 117-58 shall apply to funds made available under
    this heading:  Provided further, That unless otherwise specified,
    amounts made available under this heading shall be available until
    September 30, 2025, and shall not be subject to any limitation on
    obligations for Federal-aid highways or highway safety construction
    programs set forth in any Act making annual appropriations:  Provided
    further, That of the funds made available under this heading--
                (1) $846,927,823 shall be made available for the purposes,
            and in the amounts, specified for Community Project Funding/
            Congressionally Directed Spending in the table entitled
            ``Community Project Funding/Congressionally Directed Spending''
            included in the explanatory statement described in section 4 (in
            the matter preceding division A of this consolidated Act);
                (2) $100,000,000 shall be for necessary expenses for
            construction of the Appalachian Development Highway System as
            authorized under section 1069(y) of Public Law 102-240;
                (3) $75,000,000 shall be for the nationally significant
            Federal lands and Tribal projects program under section 1123 of
            the FAST Act (23 U.S.C. 201 note);

    [[Page 136 STAT. 699]]

                (4) $12,000,000 shall be for the regional infrastructure
            accelerator demonstration program authorized under section 1441
            of the FAST Act (23 U.S.C. 601 note);
                (5) $1,145,000,000 shall be for a bridge replacement and
            rehabilitation program;
                (6) $6,000,000 shall be for the national scenic byways
            program under section 162 of title 23, United States Code;
                (7) $10,000,000 shall be transferred to the Northern Border
            Regional Commission (40 U.S.C. 15101 et seq.) to make grants, in
            addition to amounts otherwise made available to the Northern
            Border Regional Commission for such purpose, to carry out pilot
            projects that demonstrate the capabilities of wood-based
            infrastructure projects; and
                (8) $200,000,000 shall be for competitive awards for
            activities eligible under section 176(d)(4)(A) of title 23,
            United States Code, and $50,000,000 shall be for competitive
            awards for activities eligible under section 176(d)(4)(C) of
            title 23, United States Code:

      Provided further, <<NOTE: Apportionment.>>  That, except as otherwise
    provided under this heading, the funds made available under this
    heading, in paragraphs (1), (5), (6), and (8) of the fourth proviso,
    shall be administered as if apportioned under chapter 1 of title 23,
    United States Code:  Provided further, <<NOTE: Allocation.>>  That funds
    made available under this heading, in paragraph (1) of the fourth
    proviso, that are used for Tribal projects shall be administered as if
    allocated under chapter 2 of title 23, United States Code, except that
    the set-asides described in subparagraph (C) of section 202(b)(3) of
    title 23, United States Code, and subsections (a)(6), (c), and (e) of
    section 202 of such title, and section 1123(h)(1) of MAP-21 (as amended
    by Public Law 117-58), shall not apply to such funds:  Provided
    further, <<NOTE: Grants. Native Americans.>>  That not less than 50
    percent of the funds made available under this heading, in paragraph (3)
    of the fourth proviso, for the nationally significant Federal lands and
    tribal projects program under section 1123 of the FAST Act shall be for
    competitive grants to tribal governments:  Provided further, That for
    funds made available under this heading, in paragraph (4) of the fourth
    proviso, the Federal share of the costs shall be, at the option of the
    recipient, up to 100 percent:  Provided further, <<NOTE: Definitions.>>
    That, for the purposes of funds made available under this heading, in
    paragraph (5) of the fourth proviso, for a bridge replacement and
    rehabilitation program, (1) the term ``State'' means any of the 50
    States or the District of Columbia, and (2) the term ``qualifying
    State'' means any State in which the percentage of total deck area of
    bridges classified as in poor condition in such State is at least 5
    percent or in which the percentage of total bridges classified as in
    poor condition in such State is at least 5 percent:  Provided further,
    That, of the funds made available under this heading, in paragraph (5)
    of the fourth proviso, for a bridge replacement and rehabilitation
    program, the Secretary shall reserve $6,000,000 for each State that does
    not meet the definition of a qualifying State:  Provided
    further, <<NOTE: Distribution.>>  That, after making the reservations
    under the preceding proviso, the Secretary shall distribute the
    remaining funds made available under this heading, in paragraph (5) of
    the fourth proviso, for a bridge replacement and rehabilitation program
    to each qualifying State by the proportion that the percentage of total
    deck area of bridges classified as in poor condition in such qualifying
    State bears to the sum of the percentages of total deck area of

    [[Page 136 STAT. 700]]

    bridges classified as in poor condition in all qualifying States:
    Provided further, That, of the funds made available under this heading,
    in paragraph (5) of the fourth proviso, for the bridge replacement and
    rehabilitation program:
                (1) no qualifying State shall receive more than $40,000,000;
                (2) each State shall receive an amount not less than
            $6,000,000; and
                (3) after calculating the distribution of funds pursuant to
            the preceding proviso, any amount in excess of $40,000,000 shall
            be redistributed equally among each State that does not meet the
            definition of a qualifying State:

      Provided further, That the funds made available under this heading, in
    paragraph (5) of the fourth proviso, for a bridge replacement and
    rehabilitation program shall be used for highway bridge replacement or
    rehabilitation projects on public roads: <<NOTE: Calculation.>>
    Provided further, That for purposes of this heading for the bridge
    replacement and rehabilitation program, the Secretary shall calculate
    the percentages of total deck area of bridges (including the percentages
    of total deck area classified as in poor condition) and the percentages
    of total bridge counts (including the percentages of total bridges
    classified as in poor condition) based on the National Bridge Inventory
    as of December 31, 2018:  Provided further, <<NOTE: Definition.>>  That
    for the purposes of funds made available under this heading, in
    paragraph (2) of the fourth proviso, for construction of the Appalachian
    Development Highway System, the term ``Appalachian State'' means a State
    that contains 1 or more counties (including any political subdivision
    located within the area) in the Appalachian region as defined in section
    14102(a) of title 40, United States Code:  Provided further, That funds
    made available under this heading for construction of the Appalachian
    Development Highway System shall remain available until expended:
    Provided further, That, except as provided in the following proviso,
    funds made available under this heading for construction of the
    Appalachian Development Highway System shall be administered as if
    apportioned under chapter 1 of title 23, United States Code:  Provided
    further, That a project carried out with funds made available under this
    heading for construction of the Appalachian Development Highway System
    shall be carried out in the same manner as a project under section 14501
    of title 40, United States Code:  Provided
    further, <<NOTE: Apportionments.>>  That subject to the following
    proviso, funds made available under this heading for construction of the
    Appalachian Development Highway System shall be apportioned to
    Appalachian States according to the percentages derived from the 2012
    Appalachian Development Highway System Cost-to-Complete Estimate,
    adopted in Appalachian Regional Commission Resolution Number 736, and
    confirmed as each Appalachian State's relative share of the estimated
    remaining need to complete the Appalachian Development Highway System,
    adjusted to exclude those corridors that such States have no current
    plans to complete, as reported in the 2013 Appalachian Development
    Highway System Completion Report, unless those States have modified and
    assigned a higher priority for completion of an Appalachian Development
    Highway System corridor, as reported in the 2020 Appalachian Development
    Highway System Future Outlook:  Provided further, That the Secretary
    shall adjust apportionments made under the preceding proviso so that no
    Appalachian State shall be apportioned an amount in excess of 30 percent
    of the amount made available for construction of the Appalachian
    Development

    [[Page 136 STAT. 701]]

    Highway System under this heading:  Provided
    further, <<NOTE: Consultation.>>  That the Secretary shall consult with
    the Appalachian Regional Commission in making adjustments under the
    preceding two provisos:  Provided further, That the Federal share of the
    costs for which an expenditure is made for construction of the
    Appalachian Development Highway System under this heading shall be up to
    100 percent:  Provided further, That a grant made with funds made
    available under this heading, in paragraph (7) of the fourth proviso,
    shall be administered in the same manner as a grant made under subtitle
    V of title 40, United States Code:  Provided further, That, except as
    otherwise provided under this heading, funds made available under this
    heading, in paragraph (8) of the fourth proviso, for competitive awards
    for activities eligible under sections 176(d)(4)(A) and 176(d)(4)(C) of
    title 23, United States Code, shall be administered as if made available
    to carry out section 176(d) of such title:  Provided further, That,
    for <<NOTE: Applicability.>>  purposes of the calculation under section
    176(d)(5)(G)(ii) of title 23, United States Code, amounts made available
    under this heading for competitive awards for activities eligible under
    sections 176(d)(4)(A) and 176(d)(4)(C) of such title shall be included
    in the calculation of the total amount provided for fiscal year 2022
    under section 176(d) of such title:  Provided further, That for purposes
    of applying the set-asides under section 176(d)(5)(H)(ii) and (iii) of
    title 23, United States Code, amounts made available under this heading
    for competitive awards for activities eligible under sections
    176(d)(4)(A) and 176(d)(4)(C) of such title shall be included in the
    calculation of the amounts made available to carry out section 176(d) of
    such title for fiscal year 2022:  Provided further, That, the Secretary
    may retain not more than a total of 5 percent of the amounts made
    available under this heading for competitive awards for activities
    eligible under sections 176(d)(4)(A) and 176(d)(4)(C) of such title to
    carry out paragraph (8) of the fourth proviso and to review applications
    for grants under paragraph (8) of the fourth proviso, and may transfer
    portions of the funds retained under this proviso to the relevant
    Administrators to fund the award and oversight of grants provided under
    paragraph (8) of the fourth proviso:  Provided further, That a project
    assisted with funds made available under this heading for competitive
    awards for activities eligible under sections 176(d)(4)(A) or
    176(d)(4)(C) of title 23, United States Code, shall be treated as a
    project on a Federal-aid highway.

            administrative provisions--federal highway administration

        Sec. 120. <<NOTE: 23 USC 104 note.>>  (a) For fiscal year 2022, the
    Secretary of Transportation shall--
                (1) not distribute from the obligation limitation for
            Federal-aid highways--
                        (A) amounts authorized for administrative expenses
                    and programs by section 104(a) of title 23, United
                    States Code; and
                        (B) amounts authorized for the Bureau of
                    Transportation Statistics;
                (2) not distribute an amount from the obligation limitation
            for Federal-aid highways that is equal to the unobligated
            balance of amounts--

    [[Page 136 STAT. 702]]

                        (A) made available from the Highway Trust Fund
                    (other than the Mass Transit Account) for Federal-aid
                    highway and highway safety construction programs for
                    previous fiscal years the funds for which are allocated
                    by the Secretary (or apportioned by the Secretary under
                    sections 202 or 204 of title 23, United States Code);
                    and
                        (B) for which obligation limitation was provided in
                    a previous fiscal year;
                (3) <<NOTE: Determination.>>  determine the proportion
            that--
                        (A) the obligation limitation for Federal-aid
                    highways, less the aggregate of amounts not distributed
                    under paragraphs (1) and (2) of this subsection; bears
                    to
                        (B) the total of the sums authorized to be
                    appropriated for the Federal-aid highway and highway
                    safety construction programs (other than sums authorized
                    to be appropriated for provisions of law described in
                    paragraphs (1) through (11) of subsection (b) and sums
                    authorized to be appropriated for section 119 of title
                    23, United States Code, equal to the amount referred to
                    in subsection (b)(12) for such fiscal year), less the
                    aggregate of the amounts not distributed under
                    paragraphs (1) and (2) of this subsection;
                (4) <<NOTE: Distribution. Applicability.>>  distribute the
            obligation limitation for Federal-aid highways, less the
            aggregate amounts not distributed under paragraphs (1) and (2),
            for each of the programs (other than programs to which paragraph
            (1) applies) that are allocated by the Secretary under
            authorized Federal-aid highway and highway safety construction
            programs, or apportioned by the Secretary under sections 202 or
            204 of title 23, United States Code, by multiplying--
                        (A) the proportion determined under paragraph (3);
                    by
                        (B) the amounts authorized to be appropriated for
                    each such program for such fiscal year; and
                (5) <<NOTE: Distribution.>>  distribute the obligation
            limitation for Federal-aid highways, less the aggregate amounts
            not distributed under paragraphs (1) and (2) and the amounts
            distributed under paragraph (4), for Federal-aid highway and
            highway safety construction programs that are apportioned by the
            Secretary under title 23, United States Code (other than the
            amounts apportioned for the National Highway Performance Program
            in section 119 of title 23, United States Code, that are exempt
            from the limitation under subsection (b)(12) and the amounts
            apportioned under sections 202 and 204 of that title) in the
            proportion that--
                        (A) amounts authorized to be appropriated for the
                    programs that are apportioned under title 23, United
                    States Code, to each State for such fiscal year; bears
                    to
                        (B) the total of the amounts authorized to be
                    appropriated for the programs that are apportioned under
                    title 23, United States Code, to all States for such
                    fiscal year.

        (b) Exceptions From Obligation Limitation.--The obligation
    limitation for Federal-aid highways shall not apply to obligations under
    or for--
                (1) section 125 of title 23, United States Code;
                (2) section 147 of the Surface Transportation Assistance Act
            of 1978 (23 U.S.C. 144 note; 92 Stat. 2714);

    [[Page 136 STAT. 703]]

                (3) section 9 of the Federal-Aid Highway Act of 1981 (95
            Stat. 1701);
                (4) subsections (b) and (j) of section 131 of the Surface
            Transportation Assistance Act of 1982 (96 Stat. 2119);
                (5) subsections (b) and (c) of section 149 of the Surface
            Transportation and Uniform Relocation Assistance Act of 1987
            (101 Stat. 198);
                (6) sections 1103 through 1108 of the Intermodal Surface
            Transportation Efficiency Act of 1991 (105 Stat. 2027);
                (7) section 157 of title 23, United States Code (as in
            effect on June 8, 1998);
                (8) <<NOTE: Time period.>>  section 105 of title 23, United
            States Code (as in effect for fiscal years 1998 through 2004,
            but only in an amount equal to $639,000,000 for each of those
            fiscal years);
                (9) Federal-aid highway programs for which obligation
            authority was made available under the Transportation Equity Act
            for the 21st Century (112 Stat. 107) or subsequent Acts for
            multiple years or to remain available until expended, but only
            to the extent that the obligation authority has not lapsed or
            been used;
                (10) <<NOTE: Time period.>>  section 105 of title 23, United
            States Code (as in effect for fiscal years 2005 through 2012,
            but only in an amount equal to $639,000,000 for each of those
            fiscal years);
                (11) section 1603 of SAFETEA-LU (23 U.S.C. 118 note; 119
            Stat. 1248), to the extent that funds obligated in accordance
            with that section were not subject to a limitation on
            obligations at the time at which the funds were initially made
            available for obligation; and
                (12) <<NOTE: Time period.>>  section 119 of title 23, United
            States Code (but, for each of fiscal years 2013 through 2022,
            only in an amount equal to $639,000,000).

        (c) <<NOTE: Effective date.>>  Redistribution of Unused Obligation
    Authority.--Notwithstanding subsection (a), the Secretary shall, after
    August 1 of such fiscal year--
                (1) <<NOTE: Revision.>>  revise a distribution of the
            obligation limitation made available under subsection (a) if an
            amount distributed cannot be obligated during that fiscal year;
            and
                (2) redistribute sufficient amounts to those States able to
            obligate amounts in addition to those previously distributed
            during that fiscal year, giving priority to those States having
            large unobligated balances of funds apportioned under sections
            144 (as in effect on the day before the date of enactment of
            Public Law 112-141) and 104 of title 23, United States Code.

        (d) Applicability of Obligation Limitations to Transportation
    Research Programs.--
                (1) In general.--Except as provided in paragraph (2), the
            obligation limitation for Federal-aid highways shall apply to
            contract authority for transportation research programs carried
            out under--
                        (A) chapter 5 of title 23, United States Code;
                        (B) title VI of the Fixing America's Surface
                    Transportation Act; and
                        (C) title III of division A of the Infrastructure
                    Investment and Jobs Act (Public Law 117-58).
                (2) Exception.--Obligation authority made available under
            paragraph (1) shall--

    [[Page 136 STAT. 704]]

                        (A) <<NOTE: Time period.>>  remain available for a
                    period of 4 fiscal years; and
                        (B) be in addition to the amount of any limitation
                    imposed on obligations for Federal-aid highway and
                    highway safety construction programs for future fiscal
                    years.

        (e) Redistribution of Certain Authorized Funds.--
                (1) <<NOTE: Deadline.>>  In general.--Not later than 30 days
            after the date of distribution of obligation limitation under
            subsection (a), the Secretary shall distribute to the States any
            funds (excluding funds authorized for the program under section
            202 of title 23, United States Code) that--
                        (A) are authorized to be appropriated for such
                    fiscal year for Federal-aid highway programs; and
                        (B) <<NOTE: Determination.>>  the Secretary
                    determines will not be allocated to the States (or will
                    not be apportioned to the States under section 204 of
                    title 23, United States Code), and will not be available
                    for obligation, for such fiscal year because of the
                    imposition of any obligation limitation for such fiscal
                    year.
                (2) Ratio.--Funds shall be distributed under paragraph (1)
            in the same proportion as the distribution of obligation
            authority under subsection (a)(5).
                (3) Availability.--Funds distributed to each State under
            paragraph (1) shall be available for any purpose described in
            section 133(b) of title 23, United States Code.

        Sec. 121.  <<NOTE: Reimbursement.>>  Notwithstanding 31 U.S.C. 3302,
    funds received by the Bureau of Transportation Statistics from the sale
    of data products, for necessary expenses incurred pursuant to chapter 63
    of title 49, United States Code, may be credited to the Federal-aid
    highways account for the purpose of reimbursing the Bureau for such
    expenses:  Provided, That such funds shall be subject to the obligation
    limitation for Federal-aid highway and highway safety construction
    programs.

        Sec. 122.  <<NOTE: Deadline. Waivers. Public information. Notice. 23
    USC 313 note.>>  Not less than 15 days prior to waiving, under his or
    her statutory authority, any Buy America requirement for Federal-aid
    highways projects, the Secretary of Transportation shall make an
    informal public notice and comment opportunity on the intent to issue
    such waiver and the reasons therefor:  Provided, That
    the <<NOTE: Reports.>>  Secretary shall provide an annual report to the
    House and Senate Committees on Appropriations on any waivers granted
    under the Buy America requirements.

        Sec. 123.  <<NOTE: Grants. Deadlines. Notification. Evaluation.>>
    None of the funds made available in this Act may be used to make a grant
    for a project under section 117 of title 23, United States Code, unless
    the Secretary, at least 60 days before making a grant under that
    section, provides written notification to the House and Senate
    Committees on Appropriations of the proposed grant, including an
    evaluation and justification for the project and the amount of the
    proposed grant award:  Provided, That the written notification required
    in the preceding proviso shall be made not later than 180 days after the
    date of enactment of this Act.

        Sec. 124. (a) A State or territory, as defined in section 165 of
    title 23, United States Code, may use for any project eligible under
    section 133(b) of title 23 or section 165 of title 23 and located within
    the boundary of the State or territory any earmarked amount, and any
    associated obligation limitation:
    Provided, <<NOTE: Notification. Reports.>>  That the Department of
    Transportation for the State or territory for

    [[Page 136 STAT. 705]]

    which the earmarked amount was originally designated or directed
    notifies the Secretary of its intent to use its authority under this
    section and submits an annual report to the Secretary identifying the
    projects to which the funding would be applied. <<NOTE: Time period.>>
    Notwithstanding the original period of availability of funds to be
    obligated under this section, such funds and associated obligation
    limitation shall remain available for obligation for a period of 3
    fiscal years after the fiscal year in which the Secretary is notified.
    The Federal share of the cost of a project carried out with funds made
    available under this section shall be the same as associated with the
    earmark.

        (b) <<NOTE: Definition. Time period.>>  In this section, the term
    ``earmarked amount'' means--
                (1) congressionally directed spending, as defined in rule
            XLIV of the Standing Rules of the Senate, identified in a prior
            law, report, or joint explanatory statement, which was
            authorized to be appropriated or appropriated more than 10
            fiscal years prior to the current fiscal year, and administered
            by the Federal Highway Administration; or
                (2) a congressional earmark, as defined in rule XXI of the
            Rules of the House of Representatives, identified in a prior
            law, report, or joint explanatory statement, which was
            authorized to be appropriated or appropriated more than 10
            fiscal years prior to the current fiscal year, and administered
            by the Federal Highway Administration.

        (c) <<NOTE: Time period. Applicability. Certifications.>>  The
    authority under subsection (a) may be exercised only for those projects
    or activities that have obligated less than 10 percent of the amount
    made available for obligation as of October 1 of the current fiscal
    year, and shall be applied to projects within the same general
    geographic area within 25 miles for which the funding was designated,
    except that a State or territory may apply such authority to unexpended
    balances of funds from projects or activities the State or territory
    certifies have been closed and for which payments have been made under a
    final voucher.

        (d) <<NOTE: Reports.>>  The Secretary shall submit consolidated
    reports of the information provided by the States and territories
    annually to the House and Senate Committees on Appropriations.

        Sec. 125.  <<NOTE: Adjudication. Waivers.>>  Until final guidance is
    published, the Administrator of the Federal Highway Administration shall
    adjudicate requests for Buy America waivers under the criteria that were
    in effect prior to April 17, 2018.

                   Federal Motor Carrier Safety Administration

                  motor carrier safety operations and programs

                     (liquidation of contract authorization)

                           (limitation on obligations)

                              (highway trust fund)

        For payment of obligations incurred in the implementation, execution
    and administration of motor carrier safety operations and programs
    pursuant to section 31110 of title 49, United States Code, as amended by
    the Infrastructure Investment and Jobs Act (Public Law 117-58),
    $360,000,000, to be derived from the Highway Trust Fund (other than the
    Mass Transit Account), together with advances and reimbursements
    received by the Federal Motor Carrier Safety Administration, the sum of
    which shall remain available

    [[Page 136 STAT. 706]]

    until expended:  Provided, That funds available for implementation,
    execution, or administration of motor carrier safety operations and
    programs authorized under title 49, United States Code, shall not exceed
    total obligations of $360,000,000, for ``Motor Carrier Safety Operations
    and Programs'' for fiscal year 2022, of which $14,073,000, to remain
    available for obligation until September 30, 2024, is for the research
    and technology program, and of which not less than $41,277,000, to
    remain available for obligation until September 30, 2024, is for
    development, modernization, enhancement, continued operation, and
    maintenance of information technology and information management.

                           motor carrier safety grants

                     (liquidation of contract authorization)

                           (limitation on obligations)

                              (highway trust fund)

        For payment of obligations incurred in carrying out sections 31102,
    31103, 31104, and 31313 of title 49, United States Code, as amended by
    the Infrastructure Investment and Jobs Act (Public Law 117-58),
    $496,000,000, to be derived from the Highway Trust Fund (other than the
    Mass Transit Account) and to remain available until expended:  Provided,
    That funds available for the implementation or execution of motor
    carrier safety programs shall not exceed total obligations of
    $496,000,000 in fiscal year 2022 for ``Motor Carrier Safety Grants'':
    Provided further, That of the sums appropriated under this heading:
                (1) $390,500,000, to remain available for obligation until
            September 30, 2023, shall be available for the motor carrier
            safety assistance program;
                (2) $41,800,000, to remain available for obligation until
            September 30, 2023, shall be available for the commercial
            driver's license program implementation program;
                (3) $57,600,000, to remain available for obligation until
            September 30, 2023, shall be available for the high priority
            activities program (other than the commercial motor vehicle
            enforcement training and support grant program);
                (4) $1,100,000, to remain available for obligation until
            September 30, 2023, shall be available for the commercial motor
            vehicle operators grant program; and
                (5) $5,000,000, to remain available for obligation until
            September 30, 2023, shall be available for the commercial motor
            vehicle enforcement training and support grant program.

     administrative provisions--federal motor carrier safety administration

        Sec. 130.  <<NOTE: Notice. Mail.>>  The Federal Motor Carrier Safety
    Administration shall send notice of section 385.308 of title 49, Code of
    Federal Regulations, violations by certified mail, registered mail, or
    another manner of delivery, which records the receipt of the notice by
    the persons responsible for the violations.

        Sec. 131.  <<NOTE: Update. Regulations. 49 USC 31142 note.>>  The
    Federal Motor Carrier Safety Administration shall update annual
    inspection regulations under Appendix G to

    [[Page 136 STAT. 707]]

    subchapter B of chapter III of title 49, Code of Federal Regulations, as
    recommended by GAO-19-264.

        Sec. 132.  None of the funds appropriated or otherwise made
    available to the Department of Transportation by this Act or any other
    Act may be obligated or expended to implement, administer, or enforce
    the requirements of section 31137 of title 49, United States Code, or
    any regulation issued by the Secretary pursuant to such section, with
    respect to the use of electronic logging devices by operators of
    commercial motor vehicles, as defined in section 31132(1) of such title,
    transporting livestock as defined in section 602 of the Emergency
    Livestock Feed Assistance Act of 1988 (7 U.S.C. 1471) or insects.

                 National Highway Traffic Safety Administration

                             operations and research

        For expenses necessary to discharge the functions of the Secretary,
    with respect to traffic and highway safety authorized under chapter 301
    and part C of subtitle VI of title 49, United States Code, $200,000,000,
    to remain available through September 30, 2023.

                             operations and research

                     (liquidation of contract authorization)

                           (limitation on obligations)

                              (highway trust fund)

        For payment of obligations incurred in carrying out the provisions
    of section 403 of title 23, United States Code, including behavioral
    research on Automated Driving Systems and Advanced Driver Assistance
    Systems and improving consumer responses to safety recalls, section
    25024 of the Infrastructure Investment and Jobs Act (Public Law 117-58),
    and chapter 303 of title 49, United States Code, $192,800,000, to be
    derived from the Highway Trust Fund (other than the Mass Transit
    Account) and to remain available until expended:  Provided, That none of
    the funds in this Act shall be available for the planning or execution
    of programs the total obligations for which, in fiscal year 2022, are in
    excess of $192,800,000:  Provided further, That of the sums appropriated
    under this heading--
                (1) $186,000,000 shall be for programs authorized under
            section 403 of title 23, United States Code, including
            behavioral research on Automated Driving Systems and Advanced
            Driver Assistance Systems and improving consumer responses to
            safety recalls, and section 25024 of the Infrastructure
            Investment and Jobs Act (Public Law 117-58); and
                (2) $6,800,000 shall be for the National Driver Register
            authorized under chapter 303 of title 49, United States Code:

      Provided further, That within the $192,800,000 obligation limitation
    for operations and research, $20,000,000 shall remain available until
    September 30, 2023, and up to $7,000,000, for mobility research on older
    drivers, shall remain available until expended, and shall be in addition
    to the amount of any limitation imposed on obligations for future years:
     Provided further, That amounts

    [[Page 136 STAT. 708]]

    for behavioral research on Automated Driving Systems and Advanced Driver
    Assistance Systems and improving consumer responses to safety recalls
    are in addition to any other funds provided for those purposes for
    fiscal year 2022 in this Act.

                          highway traffic safety grants

                     (liquidation of contract authorization)

                           (limitation on obligations)

                              (highway trust fund)

        For payment of obligations incurred in carrying out provisions of
    sections 402, 404, and 405 of title 23, United States Code, and grant
    administration expenses under chapter 4 of title 23, United States Code,
    to remain available until expended, $774,300,000, to be derived from the
    Highway Trust Fund (other than the Mass Transit Account):  Provided,
    That none of the funds in this Act shall be available for the planning
    or execution of programs for which the total obligations in fiscal year
    2022 are in excess of $774,300,000 for programs authorized under
    sections 402, 404, and 405 of title 23, United States Code, and grant
    administration expenses under chapter 4 of title 23, United States Code:
     Provided further, That of the sums appropriated under this heading--
                (1) $363,400,000 shall be for ``Highway Safety Programs''
            under section 402 of title 23, United States Code;
                (2) $336,500,000 shall be for ``National Priority Safety
            Programs'' under section 405 of title 23, United States Code;
                (3) $36,400,000 shall be for the ``High Visibility
            Enforcement Program'' under section 404 of title 23, United
            States Code; and
                (4) $38,000,000 shall be for grant administrative expenses
            under chapter 4 of title 23, United States Code:

      Provided further, That none of these funds shall be used for
    construction, rehabilitation, or remodeling costs, or for office
    furnishings and fixtures for State, local or private buildings or
    structures:  Provided further, That not to exceed $500,000 of the funds
    made available for ``National Priority Safety Programs'' under section
    405 of title 23, United States Code, for ``Impaired Driving
    Countermeasures'' (as described in subsection (d) of that section) shall
    be available for technical assistance to the States:  Provided further,
    That with respect to the ``Transfers'' provision under section 405(a)(8)
    of title 23, United States Code, any amounts transferred to increase the
    amounts made available under section 402 shall include the obligation
    authority for such amounts:  Provided further, That
    the <<NOTE: Notification. Deadline.>>  Administrator shall notify the
    House and Senate Committees on Appropriations of any exercise of the
    authority granted under the preceding proviso or under section 405(a)(8)
    of title 23, United States Code, within 5 days.

           administrative provisions--national highway traffic safety
                                 administration

        Sec. 140.  An additional $130,000 shall be made available to the
    National Highway Traffic Safety Administration, out of the amount
    limited for section 402 of title 23, United States Code,

    [[Page 136 STAT. 709]]

    to pay for travel and related expenses for State management reviews and
    to pay for core competency development training and related expenses for
    highway safety staff.
        Sec. 141.  The limitations on obligations for the programs of the
    National Highway Traffic Safety Administration set in this Act shall not
    apply to obligations for which obligation authority was made available
    in previous public laws but only to the extent that the obligation
    authority has not lapsed or been used.
        Sec. 142.  None of the funds in this Act or any other Act shall be
    used to enforce the requirements of section 405(a)(9) of title 23,
    United States Code.

                         Federal Railroad Administration

                              safety and operations

        For necessary expenses of the Federal Railroad Administration, not
    otherwise provided for, $240,757,000, of which $25,000,000 shall remain
    available until expended.

                        railroad research and development

        For necessary expenses for railroad research and development,
    $43,000,000, to remain available until expended:  Provided, That of the
    amounts provided under this heading, up to $2,100,000 shall be available
    pursuant to section 20108(d) of title 49, United States Code, for the
    construction, alteration, and repair of buildings and improvements at
    the Transportation Technology Center.

             federal-state partnership for intercity passenger rail

        For necessary expenses related to Federal-State Partnership for
    Intercity Passenger Rail grants as authorized by section 24911 of title
    49, United States Code, $100,000,000, to remain available until
    expended:  Provided, That the Secretary may withhold up to 2 percent of
    the amount provided under this heading in this Act for the costs of
    award and project management oversight of grants carried out under title
    49, United States Code.

            consolidated rail infrastructure and safety improvements

                          (including transfer of funds)

        For necessary expenses related to Consolidated Rail Infrastructure
    and Safety Improvements grants, as authorized by section 22907 of title
    49, United States Code, $625,000,000, to remain available until
    expended:  Provided, That of the amounts made available under this
    heading in this Act--
                (1) not less than $150,000,000 shall be for projects
            eligible under section 22907(c)(2) of title 49, United States
            Code, that support the development of new intercity passenger
            rail service routes including alignments for existing routes;
                (2) not less than $25,000,000 shall be for projects eligible
            under section 22907(c)(11) of title 49, United States Code:
            Provided, That for amounts made available in this paragraph, the
            Secretary shall give preference to projects that are located in
            counties with the most pedestrian trespasser casualties;

    [[Page 136 STAT. 710]]

                (3) $120,860,000 shall be made available for the purposes,
            and in amounts, specified for Community Project Funding/
            Congressionally Directed Spending in the table entitled
            ``Community Project Funding/Congressionally Directed Spending''
            included in the explanatory statement described in section 4 (in
            the matter preceding division A of this consolidated Act):
            Provided, <<NOTE: Distribution.>>  That any remaining funds
            available after the distribution of the Community Project
            Funding/Congressionally Directed Spending described in this
            paragraph shall be available to the Secretary to distribute as
            discretionary grants under this heading:  Provided further, That
            requirements under subsections (g) and (l) of section 22907 of
            title 49, United States Code, shall not apply to this paragraph
            (3); and
                (4) not more than $5,000,000 shall be for preconstruction
            planning activities and capital costs related to the deployment
            of magnetic levitation transportation projects:

      Provided further, That section 22905(f) of title 49, United States
    Code, shall not apply to amounts made available under this heading in
    this Act for projects that implement or sustain positive train control
    systems otherwise eligible under section 22907(c)(1) of title 49, United
    States Code:  Provided further, That amounts made available under this
    heading in this Act for projects selected for commuter rail passenger
    transportation may be transferred by the Secretary, after selection, to
    the appropriate agencies to be administered in accordance with chapter
    53 of title 49, United States Code:  Provided further, That for amounts
    made available under this heading in this Act, eligible recipients under
    section 22907(b)(7) of title 49, United States Code, shall include any
    holding company of a Class II railroad or Class III railroad (as those
    terms are defined in section 20102 of title 49, United States Code):
    Provided further, That section 22907(e)(1)(A) of title 49, United States
    Code, shall not apply to amounts made available under this heading in
    this Act:  Provided further, That section 22907(e)(1)(A) of title 49,
    United States Code, shall not apply to amounts made available under this
    heading in previous fiscal years if such funds are announced in a notice
    of funding opportunity that includes funds made available under this
    heading in this Act:  Provided further, That the preceding proviso shall
    not apply to funds made available under this heading in the
    Infrastructure Investment and Jobs Act (division J of Public Law 117-
    58):  Provided further, That unobligated balances remaining after 6
    years from the date of enactment of this Act may be used for any
    eligible project under section 22907(c) of title 49, United States Code:
     Provided further, That the Secretary may withhold up to 2 percent of
    the amounts made available under this heading in this Act for the costs
    of award and project management oversight of grants carried out under
    title 49, United States Code.

    northeast corridor grants to the national railroad passenger corporation

        To enable the Secretary of Transportation to make grants to the
    National Railroad Passenger Corporation for activities associated with
    the Northeast Corridor as authorized by section 22101(a) of the
    Infrastructure Investment and Jobs Act (division B of Public Law 117-
    58), $874,501,000, to remain available until expended:  Provided, That
    the Secretary may retain up to one-half of 1 percent

    [[Page 136 STAT. 711]]

    of the funds provided under both this heading in this Act and the
    ``National Network Grants to the National Railroad Passenger
    Corporation'' heading in this Act to fund the costs of project
    management and oversight of activities authorized by section 22101(c) of
    the Infrastructure Investment and Jobs Act (division B of Public Law
    117-58):  Provided further, That in addition to the project management
    oversight funds authorized under section 22101(c) of the Infrastructure
    Investment and Jobs Act (division B of Public Law 117-58), the Secretary
    may retain up to an additional $1,000,000 of the funds provided under
    this heading in this Act to fund expenses associated with the Northeast
    Corridor Commission established under section 24905 of title 49, United
    States Code.

     national network grants to the national railroad passenger corporation

        To enable the Secretary of Transportation to make grants to the
    National Railroad Passenger Corporation for activities associated with
    the National Network as authorized by section 22101(b) of the
    Infrastructure Investment and Jobs Act (division B of Public Law 117-
    58), $1,456,870,000, to remain available until expended:  Provided, That
    at least $50,000,000 of the amount provided under this heading in this
    Act shall be available for the development, installation and operation
    of railroad safety improvements, including the implementation of a
    positive train control system, on State-supported routes as defined
    under section 24102(13) of title 49, United States Code, on which
    positive train control systems are not required by law or regulation as
    identified on or before the date of enactment of this Act:  Provided
    further, That any unexpended balances from amounts provided under this
    heading in this Act and in prior fiscal years for the development,
    installation and operation of railroad safety technology on State-
    supported routes on which positive train control systems are not
    required by law or regulation shall also be available for railroad
    safety improvements on State-supported routes as identified on or before
    the date of enactment of this Act:  Provided further, That none of the
    funds provided under this heading in this Act shall be used by Amtrak to
    give notice under subsection (a) or (c) of section 24706 of title 49,
    United States Code, with respect to long-distance routes (as defined in
    section 24102 of title 49, United States Code) on which Amtrak is the
    sole operator on a host railroad's line and a positive train control
    system is not required by law or regulation, or, except in an emergency
    or during maintenance or construction outages impacting such routes, to
    otherwise discontinue, reduce the frequency of, suspend, or
    substantially alter the route of rail service on any portion of such
    route operated in fiscal year 2018, including implementation of service
    permitted by section 24305(a)(3)(A) of title 49, United States Code, in
    lieu of rail service.

    [[Page 136 STAT. 712]]

           administrative provisions--federal railroad administration

                             (including rescissions)

                          (including transfer of funds)

        Sec. 150.  <<NOTE: Amtrak. Time period.>>  None of the funds made
    available to the National Railroad Passenger Corporation may be used to
    fund any overtime costs in excess of $35,000 for any individual
    employee:  Provided, That the <<NOTE: Waiver
    authority. Determination.>>  President of Amtrak may waive the cap set
    in the preceding proviso for specific employees when the President of
    Amtrak determines such a cap poses a risk to the safety and operational
    efficiency of the system:  Provided
    further, <<NOTE: Reports. Summary.>>  That the President of Amtrak shall
    report to the House and Senate Committees on Appropriations no later
    than 60 days after the date of enactment of this Act, a summary of all
    overtime payments incurred by Amtrak for 2021 and the 3 prior calendar
    years:  Provided further, That such summary shall include the total
    number of employees that received waivers and the total overtime
    payments Amtrak paid to employees receiving waivers for each month for
    2021 and for the 3 prior calendar years.

        Sec. 151.  None of the funds made available by this Act may be used
    by the National Railroad Passenger Corporation in contravention of the
    Worker Adjustment and Retraining Notification Act (29 U.S.C. 2101 et
    seq.).
        Sec. 152.  The amounts made available to the Secretary or to the
    Federal Railroad Administration for the costs of award, administration,
    and project management oversight of financial assistance which are
    administered by the Federal Railroad Administration, in this and prior
    Acts, may be transferred to the Federal Railroad Administration's
    ``Financial Assistance Oversight and Technical Assistance'' account for
    the necessary expenses to support the award, administration, project
    management oversight, and technical assistance of financial assistance
    administered by the Federal Railroad Administration, in the same manner
    as appropriated for in this and prior Acts:  Provided, That this section
    shall not apply to amounts that were previously designated by the
    Congress as an emergency requirement pursuant to a concurrent resolution
    on the budget or the Balanced Budget and Emergency Deficit Control Act
    of 1985.
        Sec. 153.  Of the unobligated balances of funds remaining from--
                (1) ``Railroad Safety Grants'' accounts totaling
            $1,715,414.34 appropriated by the following public laws are
            hereby permanently rescinded:
                        (A) Public Law 105-277 a total of $7,052.79 under
                    the heading ``Railroad Safety'';
                        (B) Public Law 113-235 a total of $190,265.91 from
                    section 153 under the heading ``Administrative
                    Provisions--Federal Railroad Administration''; and
                        (C) Public Law 114-113 a total of $1,518,095.64; and
                (2) ``Capital Assistance for High Speed Rail Corridors and
            Intercity Passenger Rail Service'' account totaling
            $13,327,006.39 appropriated by Public Law 111-117 is hereby
            permanently rescinded.

    [[Page 136 STAT. 713]]

        Sec. 154.  <<NOTE: Effective date.>>  None of the funds made
    available to the National Railroad Passenger Corporation under the
    headings ``Northeast Corridor Grants to the National Railroad Passenger
    Corporation'' and ``National Network Grants to the National Railroad
    Passenger Corporation'' may be used to reduce the total number of Amtrak
    Police Department uniformed officers patrolling on board passenger
    trains or at stations, facilities or rights-of-way below the staffing
    level on May 1, 2019.

        Sec. 155.  It is the sense of Congress that--
                (1) long-distance passenger rail routes provide much-needed
            transportation access for 4,700,000 riders in 325 communities in
            40 States and are particularly important in rural areas; and
                (2) long-distance passenger rail routes and services should
            be sustained to ensure connectivity throughout the National
            Network (as defined in section 24102 of title 49, United States
            Code).

        Sec. 156.  <<NOTE: Effective date.>>  Amounts made available under
    the heading ``Department of Transportation--Federal Railroad
    Administration--Restoration and Enhancement'' in any prior fiscal years
    are subject to the requirements of section 22908 of title 49, United
    States Code, as in effect on the effective date of Public Law 117-58.

                         Federal Transit Administration

                             transit formula grants

                     (liquidation of contract authorization)

                           (limitation on obligations)

                              (highway trust fund)

        For payment of obligations incurred in the Federal Public
    Transportation Assistance Program in this account, and for payment of
    obligations incurred in carrying out the provisions of 49 U.S.C. 5305,
    5307, 5310, 5311, 5312, 5314, 5318, 5329(e)(6), 5334, 5335, 5337, 5339,
    and 5340, as amended by the Infrastructure Investment and Jobs Act,
    section 20005(b) of Public Law 112-141, and section 3006(b) of the
    Fixing America's Surface Transportation Act, $13,355,000,000, to be
    derived from the Mass Transit Account of the Highway Trust Fund and to
    remain available until expended:  Provided, That funds available for the
    implementation or execution of programs authorized under 49 U.S.C. 5305,
    5307, 5310, 5311, 5312, 5314, 5318, 5329(e)(6), 5334, 5335, 5337, 5339,
    and 5340, as amended by the Infrastructure Investment and Jobs Act,
    section 20005(b) of Public Law 112-141, and section 3006(b) of the
    Fixing America's Surface Transportation Act, shall not exceed total
    obligations of $13,355,000,000 in fiscal year 2022.

                          transit infrastructure grants

        For an additional amount for buses and bus facilities grants under
    section 5339(b) of title 49, United States Code, low or no emission
    grants under section 5339(c) of such title, ferry boats grants under
    section 5307(h) of such title, bus testing facilities under section 5318
    of such title, grants to areas of persistent poverty, innovative
    mobility solutions grants under section 5312

    [[Page 136 STAT. 714]]

    of such title, accelerating innovative mobility initiative grants under
    section 5312 such title, accelerating the adoption of zero emission
    buses under section 5312 of such title, Community Project Funding/
    Congressionally Directed Spending for projects and activities eligible
    under chapter 53 of such title, and ferry service for rural communities
    under section 71103 of division G of Public Law 117-58, $504,263,267, to
    remain available until expended:  Provided, That of the sums provided
    under this heading in this Act--
                (1) $175,000,000 shall be available for buses and bus
            facilities competitive grants as authorized under section
            5339(b) of such title;
                (2) $75,000,000 shall be available for the low or no
            emission grants as authorized under section 5339(c) of such
            title:  Provided, That the minimum grant award shall be not less
            than $750,000;
                (3) $6,500,000 shall be available for ferry boat grants as
            authorized under section 5307(h) of such title:  Provided, That
            of the amounts provided under this paragraph, no less than
            $3,250,000 shall be available for low or zero-emission ferries
            or ferries using electric battery or fuel cell components and
            the infrastructure to support such ferries;
                (4) $2,000,000 shall be available for the operation and
            maintenance of the bus testing facilities selected under section
            5318 of such title;
                (5) $1,000,000 shall be available for the demonstration and
            deployment of innovative mobility solutions as authorized under
            section 5312 of title 49, United States Code:  Provided, That
            such amounts shall be available for competitive grants or
            cooperative agreements for the development of software to
            facilitate the provision of demand-response public
            transportation service that dispatches public transportation
            fleet vehicles through riders mobile devices or other advanced
            means:  Provided further, That the Secretary shall evaluate the
            potential for software developed with grants or cooperative
            agreements to be shared for use by public transportation
            agencies;
                (6) $1,000,000 shall be for the accelerating innovative
            mobility initiative as authorized under section 5312 of title
            49, United States Code:  Provided, That such amounts shall be
            available for competitive grants to improve mobility and enhance
            the rider experience with a focus on innovative service delivery
            models, creative financing, novel partnerships, and integrated
            payment solutions in order to help disseminate proven innovation
            mobility practices throughout the public transportation
            industry;
                (7) $20,000,000 shall be available for competitive grants to
            eligible entities to assist areas of persistent poverty as
            defined under section 6702(a)(1) of title 49, United States
            Code, or historically disadvantaged communities:  Provided, That
            grants shall be for planning, engineering, or development of
            technical or financing plans for projects eligible under chapter
            53 of title 49, United States Code:  Provided further, That
            eligible entities are those defined as eligible recipients or
            subrecipients under sections 5307, 5310 or 5311 of title 49,
            United States Code, and are in areas of persistent poverty as
            defined under section 6702(a)(1) of title 49, United States
            Code, or historically disadvantaged communities:  Provided
            further, That State departments of transportation may apply on
            behalf of

    [[Page 136 STAT. 715]]

            eligible entities within their States:  Provided further, That
            the Federal Transit Administration should encourage grantees to
            work with non-profits or other entities of their choosing in
            order to develop planning, technical, engineering, or financing
            plans:  Provided further, That the Federal Transit
            Administration shall encourage grantees to partner with non-
            profits that can assist with making projects low or no
            emissions:  Provided further, That projects funded under this
            paragraph shall be for not less than 90 percent of the net total
            project cost;
                (8) $10,000,000 shall be available to support technical
            assistance, research, demonstration, or deployment activities or
            projects to accelerate the adoption of zero emission buses in
            public transit as authorized under section 5312 of title 49,
            United States Code;
                (9) $200,798,267 shall be made available for the purposes,
            and in amounts, specified for Community Project Funding/
            Congressionally Directed Spending in the table entitled
            ``Community Project Funding/Congressionally Directed Spending''
            included in the explanatory statement described in section 4 (in
            the matter preceding division A of this consolidated Act); and
                (10) $12,965,000 shall be available for ferry service for
            rural communities under section 71103 of division G of Public
            Law 117-58:  Provided, That for amounts made available in this
            paragraph, notwithstanding section 71103(a)(2)(B), eligible
            projects shall include passenger ferry service that serves at
            least two rural areas with a single segment over 20 miles
            between the two rural areas and is not otherwise eligible under
            section 5307(h) of title 49, United States Code:

      Provided further, That amounts made available under this heading in
    this Act shall be derived from the general fund:  Provided further, That
    the amounts made available under this heading in this Act shall not be
    subject to any limitation on obligations for transit programs set forth
    in any Act.

                        technical assistance and training

        For necessary expenses to carry out section 5314 of title 49, United
    States Code, $7,500,000, to remain available until September 30, 2023:
    Provided, That the assistance provided under this heading does not
    duplicate the activities of section 5311(b) or section 5312 of title 49,
    United States Code.

                            capital investment grants

        For necessary expenses to carry out fixed guideway capital
    investment grants under section 5309 of title 49, United States Code,
    and section 3005(b) of the Fixing America's Surface Transportation Act
    (Public Law 114-94), $2,248,000,000, to remain available until expended:
     Provided, That of the amounts made available under this heading in this
    Act, $1,459,020,000 shall be available for projects authorized under
    section 5309(d) of title 49, United States Code, $345,000,000 shall be
    available for projects authorized under section 5309(e) of title 49,
    United States Code, $321,500,000 shall be available for projects
    authorized under section 5309(h) of title 49, United States Code, and
    $100,000,000 shall be available for projects authorized under section
    3005(b) of the Fixing America's

    [[Page 136 STAT. 716]]

    Surface Transportation Act:  Provided further, <<NOTE: Continuation.>>
    That the Secretary shall continue to administer the capital investment
    grants program in accordance with the procedural and substantive
    requirements of section 5309 of title 49, United States Code, and of
    section 3005(b) of the Fixing America's Surface Transportation Act:
    Provided further, That projects that receive a grant agreement under the
    Expedited Project Delivery for Capital Investment Grants Pilot Program
    under section 3005(b) of the Fixing America's Surface Transportation Act
    shall be deemed eligible for funding provided for projects under section
    5309 of title 49, United States Code, without further evaluation or
    rating under such section:  Provided further, That such funding shall
    not exceed the Federal share under section 3005(b):  Provided further,
    That funds allocated pursuant to 49 U.S.C. 5309 to any project during
    fiscal years 2015, 2016, and 2017 shall remain allocated to that project
    through fiscal year 2023:  Provided further, <<NOTE: Reports.>>  That
    upon submission to the Congress of the fiscal year 2023 President's
    budget, the Secretary of Transportation shall transmit to Congress the
    annual report on capital investment grants, including proposed
    allocations for fiscal year 2023.

          grants to the washington metropolitan area transit authority

        For grants to the Washington Metropolitan Area Transit Authority as
    authorized under section 601 of division B of the Passenger Rail
    Investment and Improvement Act of 2008 (Public Law 110-432), as amended
    by the Infrastructure Investment and Jobs Act, $150,000,000, to remain
    available until expended:  Provided, That the Secretary of
    Transportation shall approve grants for capital and preventive
    maintenance expenditures for the Washington Metropolitan Area Transit
    Authority only after receiving and reviewing a request for each specific
    project:  Provided further, That the <<NOTE: Determination.>>  Secretary
    shall determine that the Washington Metropolitan Area Transit Authority
    has placed the highest priority on those investments that will improve
    the safety of the system before approving such grants.

            administrative provisions--federal transit administration

                             (including rescissions)

        Sec. 160.  The limitations on obligations for the programs of the
    Federal Transit Administration shall not apply to any authority under 49
    U.S.C. 5338, previously made available for obligation, or to any other
    authority previously made available for obligation.
        Sec. 161.  Notwithstanding any other provision of law, funds
    appropriated or limited by this Act under the heading ``Capital
    Investment Grants'' of the Federal Transit Administration for projects
    specified in this Act or identified in the explanatory statement
    described in section 4 (in the matter preceding division A of this
    consolidated Act) not obligated by September 30, 2025, and other
    recoveries, shall be directed to projects eligible to use the funds for
    the purposes for which they were originally provided.
        Sec. 162.  <<NOTE: Transfer authority.>>  Notwithstanding any other
    provision of law, any funds appropriated before October 1, 2021, under
    any section of chapter 53 of title 49, United States Code, that remain
    available

    [[Page 136 STAT. 717]]

    for expenditure, may be transferred to and administered under the most
    recent appropriation heading for any such section.

        Sec. 163.  None of the funds made available by this Act or any other
    Act shall be used to adjust apportionments or withhold funds from
    apportionments pursuant to section 9503(e)(4) of the Internal Revenue
    Code of 1986 (26 U.S.C. 9503(e)(4)).
        Sec. 164.  None of the funds made available by this Act or any other
    Act shall be used to impede or hinder project advancement or approval
    for any project seeking a Federal contribution from the capital
    investment grant program of greater than 40 percent of project costs as
    authorized under section 5309 of title 49, United States Code.
        Sec. 165.  Of the unobligated amounts made available for prior
    fiscal years to Formula Grants in Treasury Account 69-X-1129, a total of
    $6,734,356 are hereby permanently rescinded:  Provided, That no amounts
    may be rescinded from amounts that were designated by the Congress as an
    emergency or disaster relief requirement pursuant to a concurrent
    resolution on the budget or the Balanced Budget and Emergency Deficit
    Control Act of 1985.
        Sec. 166.  Any unexpended balances from amounts previously
    appropriated for low or no emission vehicle component assessment under
    49 U.S.C. 5312(h) under the headings ``Transit Formula Grants'' and
    ``Transit Infrastructure Grants'' in fiscal years 2021 and 2022 may be
    used by the facilities selected for such vehicle component assessment
    for capital projects in order to build new infrastructure and enhance
    existing facilities in order to expand component testing capability, in
    accordance with the industry stakeholder testing objectives and
    capabilities as outlined through the work of the Federal Transit
    Administration Transit Vehicle Innovation and Deployment Centers program
    and included in the Center for Transportation and the Environment report
    submitted to the Federal Transit Administration for review.

             Great Lakes St. Lawrence Seaway Development Corporation

        The Great <<NOTE: Contracts.>>  Lakes St. Lawrence Seaway
    Development Corporation is hereby authorized to make such expenditures,
    within the limits of funds and borrowing authority available to the
    Corporation, and in accord with law, and to make such contracts and
    commitments without regard to fiscal year limitations, as provided by
    section 9104 of title 31, United States Code, as may be necessary in
    carrying out the programs set forth in the Corporation's budget for the
    current fiscal year.

                           operations and maintenance

                         (harbor maintenance trust fund)

        For necessary expenses to conduct the operations, maintenance, and
    capital infrastructure activities on portions of the St. Lawrence Seaway
    owned, operated, and maintained by the Great Lakes St. Lawrence Seaway
    Development Corporation, $38,000,000, to be derived from the Harbor
    Maintenance Trust Fund, pursuant to section 210 of the Water Resources
    Development Act of 1986 (33 U.S.C. 2238):  Provided, That of the amounts
    made available under this heading, not less than $14,500,000 shall be
    for the seaway infrastructure program:  Provided further, That not more
    than $1,500,000 of the unobligated balances from the amounts made

    [[Page 136 STAT. 718]]

    available for capital asset renewal activities under the heading ``Saint
    Lawrence Seaway Development Corporation--Operations and Maintenance'' in
    any prior Act shall be for activities pursuant to section 984(a)(12) of
    title 33, United States Code.

                             Maritime Administration

                            maritime security program

        For necessary expenses to maintain and preserve a U.S.-flag merchant
    fleet as authorized under chapter 531 of title 46, United States Code,
    to serve the national security needs of the United States, $318,000,000,
    to remain available until expended.

                              cable security fleet

        For the cable security fleet program, as authorized under chapter
    532 of title 46, United States Code, $10,000,000, to remain available
    until expended.

                             tanker security program

        For the tanker security fleet program, as authorized under section
    53406 of title 46, United States Code, $60,000,000, to remain available
    until expended.

                             operations and training

        For necessary expenses of operations and training activities
    authorized by law, $172,204,000:  Provided, That of the amounts made
    available under this heading--
                (1) $85,032,000, to remain available until September 30,
            2023, shall be for the operations of the United States Merchant
            Marine Academy;
                (2) $5,500,000, to remain available until expended, shall be
            for facilities maintenance and repair, and equipment, at the
            United States Merchant Marine Academy;
                (3) $6,000,000, to remain available until September 30,
            2023, shall be for the Maritime Environmental and Technical
            Assistance program authorized under section 50307 of title 46,
            United States Code; and
                (4) $14,819,000, to remain available until expended, shall
            be for the America's Marine Highways Program to make grants for
            the purposes authorized under paragraphs (1) and (3) of section
            55601(b) of title 46, United States Code:

      Provided further, <<NOTE: Reports. Sexual assault and harassment.>>
    That the Administrator of the Maritime Administration shall transmit to
    the House and Senate Committees on Appropriations the annual report on
    sexual assault and sexual harassment at the United States Merchant
    Marine Academy as required pursuant to section 3510 of the National
    Defense Authorization Act for fiscal year 2017 (46 U.S.C. 51318):
    Provided further, That available balances under this heading for the
    Short Sea Transportation Program (now known as the America's Marine
    Highway Program) from prior year recoveries shall be available to carry
    out activities authorized under paragraphs (1) and (3) of section
    55601(b) of title 46, United States Code.

    [[Page 136 STAT. 719]]

                        state maritime academy operations

        For necessary expenses of operations, support, and training
    activities for State Maritime Academies, $423,300,000:  Provided, That
    of the amounts made available under this heading--
                (1) $30,500,000, to remain available until expended, shall
            be for maintenance, repair, life extension, insurance, and
            capacity improvement of National Defense Reserve Fleet training
            ships, and for support of training ship operations at the State
            Maritime Academies, of which not more than $8,000,000, to remain
            available until expended, shall be for expenses related to
            training mariners; and for costs associated with training vessel
            sharing pursuant to section 51504(g)(3) of title 46, United
            States Code, for costs associated with mobilizing, operating and
            demobilizing the vessel, including travel costs for students,
            faculty and crew, the costs of the general agent, crew costs,
            fuel, insurance, operational fees, and vessel hire costs, as
            determined by the Secretary;
                (2) $380,600,000, to remain available until expended, shall
            be for the National Security Multi-Mission Vessel Program,
            including funds for construction, planning, administration, and
            design of school ships;
                (3) $2,400,000, to remain available until September 30,
            2026, shall be for the Student Incentive Program;
                (4) $3,800,000, to remain available until expended, shall be
            for training ship fuel assistance; and
                (5) $6,000,000, to remain available until September 30,
            2023, shall be for direct payments for State Maritime Academies.

                          assistance to small shipyards

        To make grants to qualified shipyards as authorized under section
    54101 of title 46, United States Code, $20,000,000, to remain available
    until expended.

                                  ship disposal

        For necessary expenses related to the disposal of obsolete vessels
    in the National Defense Reserve Fleet of the Maritime Administration,
    $10,000,000, to remain available until expended.

               maritime guaranteed loan (title xi) program account

                          (including transfer of funds)

        For administrative expenses to carry out the guaranteed loan
    program, $3,000,000, which shall be transferred to and merged with the
    appropriations for ``Maritime Administration--Operations and Training''.

                     port infrastructure development program

        To make grants to improve port facilities as authorized under
    section 54301 of title 46, United States Code, $234,310,000, to remain
    available until expended:  Provided, That projects eligible for amounts
    made available under this heading in this Act shall be projects for
    coastal seaports, inland river ports, or Great Lakes

    [[Page 136 STAT. 720]]

    ports:  Provided further, That of the amounts made available under this
    heading in this Act, not less than $209,310,000 shall be for coastal
    seaports or Great Lakes ports:  Provided
    further, <<NOTE: Applicability.>>  That the requirements under section
    3501(a)(12) of the National Defense Authorization Act for Fiscal Year
    2022 (Public Law 117-81) shall apply to amounts made available under
    this heading in this Act:  Provided further, That for grants awarded
    under this heading in this Act, the minimum grant size shall be
    $1,000,000:  Provided further, That for amounts made available under
    this heading in this Act, the requirement under section
    54301(a)(6)(A)(ii) of title 46, United States Code, shall not apply to
    projects located in noncontiguous states or territories.

                administrative provision--maritime administration

        Sec. 170.  Notwithstanding any other provision of this Act, in
    addition to any existing authority, the Maritime Administration is
    authorized to furnish utilities and services and make necessary repairs
    in connection with any lease, contract, or occupancy involving
    Government property under control of the Maritime Administration:
    Provided, That payments received therefor shall be credited to the
    appropriation charged with the cost thereof and shall remain available
    until expended:  Provided further, That rental payments under any such
    lease, contract, or occupancy for items other than such utilities,
    services, or repairs shall be deposited into the Treasury as
    miscellaneous receipts.

             Pipeline and Hazardous Materials Safety Administration

                              operational expenses

        For necessary operational expenses of the Pipeline and Hazardous
    Materials Safety Administration, $29,100,000, of which $4,500,000 shall
    remain available until September 30, 2024:
    Provided, <<NOTE: Regulations. Deadline. 49 USC 60102 note.>>  That the
    Secretary of Transportation shall issue a final rule on automatic and
    remote-controlled shut-off valves and hazardous liquid pipeline
    facilities leak detection systems as required under section 4 and
    section 8 of the Pipeline Safety, Regulatory Certainty, and Job Creation
    Act of 2011 (Public Law 112-90), respectively, not later than 120 days
    after the date of enactment of this Act:  Provided further, <<NOTE: Late
    penalties.>>  That the amounts made available under this heading shall
    be reduced by $5,000 per day for each day that such rule has not been
    issued following the expiration of the deadline set forth in the
    preceding proviso.

                           hazardous materials safety

        For expenses necessary to discharge the hazardous materials safety
    functions of the Pipeline and Hazardous Materials Safety Administration,
    $66,829,000, of which $12,070,000 shall remain available until September
    30, 2024, of which $1,000,000 shall be made available for carrying out
    section 5107(i) of title 49, United States Code:  Provided, That up to
    $800,000 in fees collected under section 5108(g) of title 49, United
    States Code, shall be deposited in the general fund of the Treasury as
    offsetting receipts:  Provided further, That there may be credited to
    this appropriation, to be available until expended, funds received from
    States, counties, municipalities, other public authorities, and private
    sources for

    [[Page 136 STAT. 721]]

    expenses incurred for training, for reports publication and
    dissemination, and for travel expenses incurred in performance of
    hazardous materials exemptions and approvals functions.

                                 pipeline safety

                             (pipeline safety fund)

                        (oil spill liability trust fund)

        For expenses necessary to carry out a pipeline safety program, as
    authorized by section 60107 of title 49, United States Code, and to
    discharge the pipeline program responsibilities of the Oil Pollution Act
    of 1990 (Public Law 101-380), $182,650,000, to remain available until
    September 30, 2024, of which $27,650,000 shall be derived from the Oil
    Spill Liability Trust Fund; of which $146,600,000 shall be derived from
    the Pipeline Safety Fund; of which $400,000 shall be derived from the
    fees collected under section 60303 of title 49, United States Code, and
    deposited in the Liquefied Natural Gas Siting Account for compliance
    reviews of liquefied natural gas facilities; and of which $8,000,000
    shall be derived from fees collected under section 60302 of title 49,
    United States Code, and deposited in the Underground Natural Gas Storage
    Facility Safety Account for the purpose of carrying out section 60141 of
    title 49, United States Code:  Provided, That not less than $1,058,000
    of the amounts made available under this heading shall be for the One-
    Call State grant program:  Provided
    further, <<NOTE: Requirement. Notification. Deadline.>>  That any
    amounts made available under this heading in this Act or in prior Acts
    for research contracts, grants, cooperative agreements or research other
    transactions agreements (``OTAs'') shall require written notification to
    the House and Senate Committees on Appropriations not less than 3 full
    business days before such research contracts, grants, cooperative
    agreements, or research OTAs are announced by the Department of
    Transportation:  Provided further, <<NOTE: Reports.>>  That the
    Secretary shall transmit to the House and Senate Committees on
    Appropriations the report on pipeline safety testing enhancement as
    required pursuant to section 105 of the Protecting our Infrastructure of
    Pipelines and Enhancing Safety Act of 2020 (division R of Public Law
    116-260):  Provided further, That the Secretary <<NOTE: Research
    plan. Approval.>>  may obligate amounts made available under this
    heading to engineer, erect, alter, and repair buildings or make any
    other public improvements for research facilities at the Transportation
    Technology Center after the Secretary submits an updated research plan
    and the report in the preceding proviso to the House and Senate
    Committees on Appropriations and after such plan and report in the
    preceding proviso are approved by the House and Senate Committees on
    Appropriations.

                          emergency preparedness grants

                           (limitation on obligations)

                          (emergency preparedness fund)

        For expenses necessary to carry out the Emergency Preparedness
    Grants program, not more than $28,318,000 shall remain available until
    September 30, 2024, from amounts made available by section 5116(h) and
    subsections (b) and (c) of section 5128

    [[Page 136 STAT. 722]]

    of title 49, United States Code:  Provided, That notwithstanding section
    5116(h)(4) of title 49, United States Code, not more than 4 percent of
    the amounts made available from this account shall be available to pay
    the administrative costs of carrying out sections 5116, 5107(e), and
    5108(g)(2) of title 49, United States Code:  Provided further, That
    notwithstanding subsections (b) and (c) of section 5128 of title 49,
    United States Code, and the limitation on obligations provided under
    this heading, prior year recoveries recognized in the current year shall
    be available to develop and deliver hazardous materials emergency
    response training for emergency responders, including response
    activities for the transportation of crude oil, ethanol, flammable
    liquids, and other hazardous commodities by rail, consistent with
    National Fire Protection Association standards, and to make such
    training available through an electronic format:  Provided further, That
    the prior year recoveries made available under this heading shall also
    be available to carry out sections 5116(a)(1)(C), 5116(h), 5116(i),
    5116(j), and 5107(e) of title 49, United States Code.

                           Office of Inspector General

                              salaries and expenses

        For necessary expenses of the Office of Inspector General to carry
    out the provisions of the Inspector General Act of 1978, as amended,
    $103,150,000:  Provided, That the Inspector General shall have all
    necessary authority, in carrying out the duties specified in the
    Inspector General Act, as amended (5 U.S.C. App. 3), to investigate
    allegations of fraud, including false statements to the government (18
    U.S.C. 1001), by any person or entity that is subject to regulation by
    the Department of Transportation.

                General Provisions--Department of Transportation

        Sec. 180. (a) During the current fiscal year, applicable
    appropriations to the Department of Transportation shall be available
    for maintenance and operation of aircraft; hire of passenger motor
    vehicles and aircraft; purchase of liability insurance for motor
    vehicles operating in foreign countries on official department business;
    and uniforms or allowances therefor, as authorized by sections 5901 and
    5902 of title 5, United States Code.
        (b) During the current fiscal year, applicable appropriations to the
    Department and its operating administrations shall be available for the
    purchase, maintenance, operation, and deployment of unmanned aircraft
    systems that advance the missions of the Department of Transportation or
    an operating administration of the Department of Transportation.
        (c) Any unmanned aircraft system purchased, procured, or contracted
    for by the Department prior to the date of enactment of this Act shall
    be deemed authorized by Congress as if this provision was in effect when
    the system was purchased, procured, or contracted for.
        Sec. 181.  Appropriations contained in this Act for the Department
    of Transportation shall be available for services as authorized by
    section 3109 of title 5, United States Code, but at rates for
    individuals not to exceed the per diem rate equivalent to the rate for
    an Executive Level IV.

    [[Page 136 STAT. 723]]

        Sec. 182. (a) No recipient of amounts made available by this Act
    shall disseminate personal information (as defined in section 2725(3) of
    title 18, United States Code) obtained by a State department of motor
    vehicles in connection with a motor vehicle record as defined in section
    2725(1) of title 18, United States Code, except as provided in section
    2721 of title 18, United States Code, for a use permitted under section
    2721 of title 18, United States Code.
        (b) Notwithstanding subsection (a), the Secretary shall not withhold
    amounts made available by this Act for any grantee if a State is in
    noncompliance with this provision.
        Sec. 183.  None of the funds made available by this Act shall be
    available for salaries and expenses of more than 125 political and
    Presidential appointees in the Department of Transportation:  Provided,
    That none of the personnel covered by this provision may be assigned on
    temporary detail outside the Department of Transportation.
        Sec. 184.  Funds received by the Federal Highway Administration and
    Federal Railroad Administration from States, counties, municipalities,
    other public authorities, and private sources for expenses incurred for
    training may be credited respectively to the Federal Highway
    Administration's ``Federal-Aid Highways'' account and to the Federal
    Railroad Administration's ``Safety and Operations'' account, except for
    State rail safety inspectors participating in training pursuant to
    section 20105 of title 49, United States Code.
        Sec. 185.
    <<NOTE: Loans. Contracts. Grants. Notification. Deadline.>>  None of the
    funds made available by this Act or in title VIII of division J of
    Public Law 117-58 to the Department of Transportation may be used to
    make a loan, loan guarantee, line of credit, letter of intent, federally
    funded cooperative agreement, full funding grant agreement, or
    discretionary grant unless the Secretary of Transportation notifies the
    House and Senate Committees on Appropriations not less than 3 full
    business days before any project competitively selected to receive any
    discretionary grant award, letter of intent, loan commitment, loan
    guarantee commitment, line of credit commitment, federally funded
    cooperative agreement, or full funding grant agreement is announced by
    the Department or its operating administrations:
    Provided, <<NOTE: List.>>  That the Secretary of Transportation shall
    provide the House and Senate Committees on Appropriations with a
    comprehensive list of all such loans, loan guarantees, lines of credit,
    letters of intent, federally funded cooperative agreements, full funding
    grant agreements, and discretionary grants prior to the notification
    required under the preceding proviso:  Provided
    further, <<NOTE: Notification.>>  That the Secretary gives concurrent
    notification to the House and Senate Committees on Appropriations for
    any ``quick release'' of funds from the emergency relief program:
    Provided further, That no notification shall involve funds that are not
    available for obligation.

        Sec. 186.  Rebates, refunds, incentive payments, minor fees, and
    other funds received by the Department of Transportation from travel
    management centers, charge card programs, the subleasing of building
    space, and miscellaneous sources are to be credited to appropriations of
    the Department of Transportation and allocated to organizational units
    of the Department of Transportation using fair and equitable criteria
    and such funds shall be available until expended.

    [[Page 136 STAT. 724]]

        Sec. 187.  <<NOTE: Notice.>>  Notwithstanding any other provision of
    law, if any funds provided by or limited by this Act are subject to a
    reprogramming action that requires notice to be provided to the House
    and Senate Committees on Appropriations, transmission of such
    reprogramming notice shall be provided solely to the House and Senate
    Committees on Appropriations, and such reprogramming action shall be
    approved or denied solely by the House and Senate Committees on
    Appropriations:  Provided, <<NOTE: Notice. Deadline.>>  That the
    Secretary of Transportation may provide notice to other congressional
    committees of the action of the House and Senate Committees on
    Appropriations on such reprogramming but not sooner than 30 days after
    the date on which the reprogramming action has been approved or denied
    by the House and Senate Committees on Appropriations.

        Sec. 188.  Funds appropriated by this Act to the operating
    administrations may be obligated for the Office of the Secretary for the
    costs related to assessments or reimbursable agreements only when such
    amounts are for the costs of goods and services that are purchased to
    provide a direct benefit to the applicable operating administration or
    administrations.
        Sec. 189.  The Secretary of Transportation is authorized to carry
    out a program that establishes uniform standards for developing and
    supporting agency transit pass and transit benefits authorized under
    section 7905 of title 5, United States Code, including distribution of
    transit benefits by various paper and electronic media.
        Sec. 190.  <<NOTE: Contracts. Certification.>>  The Department of
    Transportation may use funds provided by this Act, or any other Act, to
    assist a contract under title 49 or 23 of the United States Code
    utilizing geographic, economic, or any other hiring preference not
    otherwise authorized by law, or to amend a rule, regulation, policy or
    other measure that forbids a recipient of a Federal Highway
    Administration or Federal Transit Administration grant from imposing
    such hiring preference on a contract or construction project with which
    the Department of Transportation is assisting, only if the grant
    recipient certifies the following:
                (1) that except with respect to apprentices or trainees, a
            pool of readily available but unemployed individuals possessing
            the knowledge, skill, and ability to perform the work that the
            contract requires resides in the jurisdiction;
                (2) that the grant recipient will include appropriate
            provisions in its bid document ensuring that the contractor does
            not displace any of its existing employees in order to satisfy
            such hiring preference; and
                (3) that any increase in the cost of labor, training, or
            delays resulting from the use of such hiring preference does not
            delay or displace any transportation project in the applicable
            Statewide Transportation Improvement Program or Transportation
            Improvement Program.

        Sec. 191.  <<NOTE: Coordination.>>  The Secretary of Transportation
    shall coordinate with the Secretary of Homeland Security to ensure that
    best practices for Industrial Control Systems Procurement are up-to-date
    and shall ensure that systems procured with funds provided under this
    title were procured using such practices.

        Sec. 192.  <<NOTE: Determination.>>  Amounts made available by this
    Act or any prior Act that the Secretary determines represent improper
    payments by the Department of Transportation to a third-party contractor

    [[Page 136 STAT. 725]]

    under a financial assistance award, which are recovered pursuant to law,
    shall be available--
                (1) <<NOTE: Reimbursement.>>  to reimburse the actual
            expenses incurred by the Department of Transportation in
            recovering improper payments:  Provided, That amounts made
            available by this Act shall be available until expended; and
                (2) <<NOTE: Contracts.>>  to pay contractors for services
            provided in recovering improper payments or contractor support
            in the implementation of the Payment Integrity Information Act
            of 2019 (Public Law 116-117):  Provided, That amounts in excess
            of that required for paragraphs (1) and (2)--
                        (A) shall be credited to and merged with the
                    appropriation from which the improper payments were
                    made, and shall be available for the purposes and period
                    for which such appropriations are available:  Provided
                    further, That where specific project or accounting
                    information associated with the improper payment or
                    payments is not readily available, the Secretary may
                    credit the amounts to an appropriate account as
                    offsetting collections and such amounts shall be
                    available for the purposes and period associated with
                    the account so credited:  Provided further, That amounts
                    credited to programs under this subparagraph shall not
                    be subject to any limitation on obligations in this or
                    any other Act; or
                        (B) if no such appropriation remains available,
                    shall be deposited in the Treasury as miscellaneous
                    receipts:  Provided further, <<NOTE: Notification.>>
                    That prior to depositing such recovery in the Treasury,
                    the Secretary shall notify the House and Senate
                    Committees on Appropriations of the amount and reasons
                    for such transfer:  Provided
                    further, <<NOTE: Definition.>>  That for purposes of
                    this section, the term ``improper payment'' has the same
                    meaning as that provided in section 3351(4) of title 31,
                    United States Code.

        This title may be cited as the ``Department of Transportation
    Appropriations Act, 2022''.

                TITLE II <<NOTE: Department of Housing and Urban
    Development Appropriations Act, 2022.>>

                   DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

                          Management and Administration

                                executive offices

        For necessary salaries and expenses for Executive Offices, which
    shall be comprised of the offices of the Secretary, Deputy Secretary,
    Adjudicatory Services, Congressional and Intergovernmental Relations,
    Public Affairs, Small and Disadvantaged Business Utilization, and the
    Center for Faith-Based and Neighborhood Partnerships, $15,200,000, to
    remain available until September 30, 2023:  Provided, That not to exceed
    $25,000 of the amount made available under this heading shall be
    available to the Secretary of Housing and Urban Development (referred to
    in this title as ``the Secretary'') for official reception and
    representation expenses as the Secretary may determine.

    [[Page 136 STAT. 726]]

                         administrative support offices

        For necessary salaries and expenses for Administrative Support
    Offices, $607,000,000, to remain available until September 30, 2023:
    Provided, That of the sums appropriated under this heading--
                (1) $82,000,000 shall be available for the Office of the
            Chief Financial Officer;
                (2) $114,000,000 shall be available for the Office of the
            General Counsel, of which not less than $18,500,000 shall be for
            the Departmental Enforcement Center;
                (3) $212,000,000 shall be available for the Office of
            Administration, of which not more than $5,000,000 may be for
            modernization and deferred maintenance of the Weaver Building;
                (4) $46,200,000 shall be available for the Office of the
            Chief Human Capital Officer;
                (5) $25,000,000 shall be available for the Office of the
            Chief Procurement Officer;
                (6) $60,500,000 shall be available for the Office of Field
            Policy and Management;
                (7) $4,300,000 shall be available for the Office of
            Departmental Equal Employment Opportunity; and
                (8) $63,000,000 shall be available for the Office of the
            Chief Information Officer:

      Provided further, That funds made available under this heading may be
    used for necessary administrative and non-administrative expenses of the
    Department, not otherwise provided for, including purchase of uniforms,
    or allowances therefor, as authorized by sections 5901 and 5902 of title
    5, United States Code; hire of passenger motor vehicles; and services as
    authorized by section 3109 of title 5, United States Code:  Provided
    further, That notwithstanding any other provision of law, funds
    appropriated under this heading may be used for advertising and
    promotional activities that directly support program activities funded
    in this title:  Provided further, <<NOTE: Time
    period. Notification. Reports.>>  That the Secretary shall provide the
    House and Senate Committees on Appropriations quarterly written
    notification regarding the status of pending congressional reports:
    Provided further, <<NOTE: Reports.>>  That the Secretary shall provide
    in electronic form all signed reports required by Congress.

                                 program offices

        For necessary salaries and expenses for Program Offices,
    $965,500,000, to remain available until September 30, 2023:  Provided,
    That of the sums appropriated under this heading--
                (1) $253,500,000 shall be available for the Office of Public
            and Indian Housing;
                (2) $147,000,000 shall be available for the Office of
            Community Planning and Development;
                (3) $431,000,000 shall be available for the Office of
            Housing, of which not less than $13,000,000 shall be for the
            Office of Recapitalization;
                (4) $35,000,000 shall be available for the Office of Policy
            Development and Research;
                (5) $88,000,000 shall be available for the Office of Fair
            Housing and Equal Opportunity; and
                (6) $11,000,000 shall be available for the Office of Lead
            Hazard Control and Healthy Homes.

    [[Page 136 STAT. 727]]

                              working capital fund

                          (including transfer of funds)

        For the working capital fund for the Department of Housing and Urban
    Development (referred to in this paragraph as the ``Fund''), pursuant,
    in part, to section 7(f) of the Department of Housing and Urban
    Development Act (42 U.S.C. 3535(f)), amounts transferred, including
    reimbursements pursuant to section 7(f), to the Fund under this heading
    shall be available only for Federal shared services used by offices and
    agencies of the Department, and for any such portion of any office or
    agency's printing, records management, space renovation, furniture, or
    supply services the Secretary has determined shall be provided through
    the Fund, and the operational expenses of the Fund:  Provided, That
    amounts within the Fund shall not be available to provide services not
    specifically authorized under this heading:  Provided
    further, <<NOTE: Determination.>>  That upon a determination by the
    Secretary that any other service (or portion thereof) authorized under
    this heading shall be provided through the Fund, amounts made available
    in this title for salaries and expenses under the headings ``Executive
    Offices'', ``Administrative Support Offices'', ``Program Offices'', and
    ``Government National Mortgage Association'', for such services shall be
    transferred to the Fund, to remain available until expended:  Provided
    further, That the <<NOTE: Notification. Deadline.>>  Secretary shall
    notify the House and Senate Committees on Appropriations of its plans
    for executing such transfers at least 15 days in advance of such
    transfers.

                            Public and Indian Housing

    tenant-based rental assistance <<NOTE: Vouchers.>>

        For activities and assistance for the provision of tenant-based
    rental assistance authorized under the United States Housing Act of
    1937, as amended (42 U.S.C. 1437 et seq.) (in this title ``the Act''),
    not otherwise provided for, $23,369,641,000, to remain available until
    expended, which shall be available on October 1, 2021 (in addition to
    the $4,000,000,000 previously appropriated under this heading that shall
    be available on October 1, 2021), and $4,000,000,000, to remain
    available until expended, which shall be available on October 1, 2022:
    Provided, That the amounts made available under this heading are
    provided as follows:
                (1) <<NOTE: Determinations.>>  $24,095,029,000 shall be
            available for renewals of expiring section 8 tenant-based annual
            contributions contracts (including renewals of enhanced vouchers
            under any provision of law authorizing such assistance under
            section 8(t) of the Act) and including renewal of other special
            purpose incremental vouchers:  Provided, <<NOTE: Notice. Federal
            Register, publication.>>  That notwithstanding any other
            provision of law, from amounts provided under this paragraph and
            any carryover, the Secretary for the calendar year 2022 funding
            cycle shall provide renewal funding for each public housing
            agency based on validated voucher management system (VMS)
            leasing and cost data for the prior calendar year and by
            applying an inflation factor as established by the Secretary, by
            notice published in the Federal Register, and by making any
            necessary adjustments for the costs associated with the first-
            time renewal of vouchers under this paragraph including tenant
            protection and Choice Neighborhoods vouchers:  Provided

    [[Page 136 STAT. 728]]

            further, That none of the funds provided under this paragraph
            may be used to fund a total number of unit months under lease
            which exceeds a public housing agency's authorized level of
            units under contract, except for public housing agencies
            participating in the Moving to Work (MTW) demonstration, which
            are instead governed in accordance with the requirements of the
            MTW demonstration program or their MTW agreements, if any:
            Provided further, That the Secretary shall, to the extent
            necessary to stay within the amount specified under this
            paragraph (except as otherwise modified under this paragraph),
            prorate each public housing agency's allocation otherwise
            established pursuant to this paragraph:  Provided further, That
            except as <<NOTE: Notification. Deadline.>>  provided in the
            following provisos, the entire amount specified under this
            paragraph (except as otherwise modified under this paragraph)
            shall be obligated to the public housing agencies based on the
            allocation and pro rata method described above, and the
            Secretary shall notify public housing agencies of their annual
            budget by the latter of 60 days after enactment of this Act or
            March 1, 2022:  Provided further, That the
            Secretary <<NOTE: Extension. Advance approval.>>  may extend the
            notification period with the prior written approval of the House
            and Senate Committees on Appropriations:  Provided further, That
            public housing agencies participating in the MTW demonstration
            shall be funded in accordance with the requirements of the MTW
            demonstration program or their MTW agreements, if any, and shall
            be subject to the same pro rata adjustments under the preceding
            provisos:  Provided further, That the Secretary may offset
            public housing agencies' calendar year 2022 allocations based on
            the excess amounts of public housing agencies' net restricted
            assets accounts, including HUD-held programmatic reserves (in
            accordance with VMS data in calendar year 2021 that is
            verifiable and complete), as determined by the Secretary:
            Provided further, That public housing agencies participating in
            the MTW demonstration shall also be subject to the offset, as
            determined by the Secretary, excluding amounts subject to the
            single fund budget authority provisions of their MTW agreements,
            from the agencies' calendar year 2022 MTW funding allocation:
            Provided further, That the Secretary shall use any offset
            referred to in the preceding two provisos throughout the
            calendar year to prevent the termination of rental assistance
            for families as the result of insufficient funding, as
            determined by the Secretary, and to avoid or reduce the
            proration of renewal funding allocations:  Provided
            further, <<NOTE: Time period.>>  That up to $200,000,000 shall
            be available only: (1) for adjustments in the allocations for
            public housing agencies, after application for an adjustment by
            a public housing agency that experienced a significant increase,
            as determined by the Secretary, in renewal costs of vouchers
            resulting from unforeseen circumstances or from portability
            under section 8(r) of the Act; (2) for vouchers that were not in
            use during the previous 12-month period in order to be available
            to meet a commitment pursuant to section 8(o)(13) of the Act, or
            an adjustment for a funding obligation not yet expended in the
            previous calendar year for a MTW-eligible activity to develop
            affordable housing for an agency added to the MTW demonstration
            under the expansion authority provided in section 239 of the
            Transportation, Housing and Urban Development, and Related
            Agencies

    [[Page 136 STAT. 729]]

            Appropriations Act, 2016 (division L of Public Law 114-113); (3)
            for adjustments for costs associated with HUD-Veterans Affairs
            Supportive Housing (HUD-VASH) vouchers; (4) for public housing
            agencies that despite taking reasonable cost savings measures,
            as determined by the Secretary, would otherwise be required to
            terminate rental assistance for families as a result of
            insufficient funding; (5) for adjustments in the allocations for
            public housing agencies that (i) are leasing a lower-than-
            average percentage of their authorized vouchers, (ii) have low
            amounts of budget authority in their net restricted assets
            accounts and HUD-held programmatic reserves, relative to other
            agencies, and (iii) are not participating in the Moving to Work
            demonstration, to enable such agencies to lease more vouchers;
            (6) for withheld payments in accordance with section
            8(o)(8)(A)(ii) of the Act for months in the previous calendar
            year that were subsequently paid by the public housing agency
            after the agency's actual costs were validated; and (7) for
            public housing agencies that have experienced increased costs or
            loss of units in an area for which the President declared a
            disaster under title IV of the Robert T. Stafford Disaster
            Relief and Emergency Assistance Act (42 U.S.C. 5170 et seq.):
            Provided further, <<NOTE: Allocation.>>  That the Secretary
            shall allocate amounts under the preceding proviso based on
            need, as determined by the Secretary;
                (2) $100,000,000 shall be for section 8 rental assistance
            for relocation and replacement of housing units that are
            demolished or disposed of pursuant to section 18 of the Act,
            conversion of section 23 projects to assistance under section 8,
            relocation of witnesses (including victims of violent crimes) in
            connection with efforts to combat crime in public and assisted
            housing pursuant to a request from a law enforcement or
            prosecution agency, enhanced vouchers under any provision of law
            authorizing such assistance under section 8(t) of the Act,
            Choice Neighborhood vouchers, mandatory and voluntary
            conversions, and tenant protection assistance including
            replacement and relocation assistance or for project-based
            assistance to prevent the displacement of unassisted elderly
            tenants currently residing in section 202 properties financed
            between 1959 and 1974 that are refinanced pursuant to Public Law
            106-569, as amended, or under the authority as provided under
            this Act:  Provided, That when a public housing development is
            submitted for demolition or disposition under section 18 of the
            Act, the Secretary may provide section 8 rental assistance when
            the units pose an imminent health and safety risk to residents:
            Provided further, That the Secretary may provide section 8
            rental assistance from amounts made available under this
            paragraph for units assisted under a project-based subsidy
            contract funded under the ``Project-Based Rental Assistance''
            heading under this title where the owner has received a Notice
            of Default and the units pose an imminent health and safety risk
            to residents:  Provided further, That of the amounts made
            available under this paragraph, no less than $5,000,000 may be
            available to provide tenant protection assistance, not otherwise
            provided under this paragraph, to residents residing in low
            vacancy areas and who may have to pay rents greater than 30
            percent of household income, as the result of: (A) the maturity
            of a HUD-insured, HUD-held or section 202 loan

    [[Page 136 STAT. 730]]

            that requires the permission of the Secretary prior to loan
            prepayment; (B) the expiration of a rental assistance contract
            for which the tenants are not eligible for enhanced voucher or
            tenant protection assistance under existing law; or (C) the
            expiration of affordability restrictions accompanying a mortgage
            or preservation program administered by the Secretary:  Provided
            further, That such tenant protection assistance made available
            under the preceding proviso may be provided under the authority
            of section 8(t) or section 8(o)(13) of the United States Housing
            Act of 1937 (42 U.S.C. 1437f(t)):  Provided
            further, <<NOTE: Notification.>>  That any tenant protection
            voucher made available from amounts under this paragraph shall
            not be reissued by any public housing agency, except the
            replacement vouchers as defined by the Secretary by notice, when
            the initial family that received any such voucher no longer
            receives such voucher, and the authority for any public housing
            agency to issue any such voucher shall cease to exist:  Provided
            further, <<NOTE: Time period.>>  That the Secretary may only
            provide replacement vouchers for units that were occupied within
            the previous 24 months that cease to be available as assisted
            housing, subject only to the availability of funds;
                (3) $2,410,612,000 shall be for administrative and other
            expenses of public housing agencies in administering the section
            8 tenant-based rental assistance program, of which up to
            $30,000,000 shall be available to the Secretary to allocate to
            public housing agencies that need additional funds to administer
            their section 8 programs, including fees associated with section
            8 tenant protection rental assistance, the administration of
            disaster related vouchers, HUD-VASH vouchers, and other special
            purpose incremental vouchers:  Provided, That no less than
            $2,380,612,000 of the amount provided in this paragraph shall be
            allocated to public housing agencies for the calendar year 2022
            funding cycle based on section 8(q) of the Act (and related
            Appropriation Act provisions) as in effect immediately before
            the enactment of the Quality Housing and Work Responsibility Act
            of 1998 (Public Law 105-276):  Provided further, That if the
            amounts made available under this paragraph are insufficient to
            pay the amounts determined under the preceding proviso, the
            Secretary may decrease the amounts allocated to agencies by a
            uniform percentage applicable to all agencies receiving funding
            under this paragraph or may, to the extent necessary to provide
            full payment of amounts determined under the preceding proviso,
            utilize unobligated balances, including recaptures and
            carryover, remaining from funds appropriated to the Department
            of Housing and Urban Development under this heading from prior
            fiscal years, excluding special purpose vouchers,
            notwithstanding the purposes for which such amounts were
            appropriated:  Provided further, That all public housing
            agencies participating in the MTW demonstration shall be funded
            in accordance with the requirements of the MTW demonstration
            program or their MTW agreements, if any, and shall be subject to
            the same uniform percentage decrease as under the preceding
            proviso:  Provided further, That amounts provided under this
            paragraph shall be only for activities related to the provision
            of tenant-based rental assistance authorized under section 8,
            including related development activities;

    [[Page 136 STAT. 731]]

                (4) $459,000,000 for the renewal of tenant-based assistance
            contracts under section 811 of the Cranston-Gonzalez National
            Affordable Housing Act (42 U.S.C. 8013), including necessary
            administrative expenses:  Provided, That administrative and
            other expenses of public housing agencies in administering the
            special purpose vouchers in this paragraph shall be funded under
            the same terms and be subject to the same pro rata reduction as
            the percent decrease for administrative and other expenses to
            public housing agencies under paragraph (3) of this heading:
            Provided further, That up to $10,000,000 shall be available only
            (1) for adjustments in the allocation for public housing
            agencies, after applications for an adjustment by a public
            housing agency that experienced a significant increase, as
            determined by the Secretary, in Mainstream renewal costs
            resulting from unforeseen circumstances, and (2) for public
            housing agencies that despite taking reasonable cost savings
            measures, as determined by the Secretary, would otherwise be
            required to terminate the rental assistance for Mainstream
            families as a result of insufficient funding:  Provided further,
            That the <<NOTE: Allocation.>>  Secretary shall allocate amounts
            under the preceding proviso based on need, as determined by the
            Secretary:  Provided further, That upon turnover, section 811
            special purpose vouchers funded under this heading in this or
            prior Acts, or under any other heading in prior Acts, shall be
            provided to non-elderly persons with disabilities;
                (5) Of the amounts provided under paragraph (1) up to
            $5,000,000 shall be for rental assistance and associated
            administrative fees for Tribal HUD-VASH to serve Native American
            veterans that are homeless or at-risk of homelessness living on
            or near a reservation or other Indian areas:  Provided, That
            such <<NOTE: Grants.>>  amount shall be made available for
            renewal grants to recipients that received assistance under
            prior Acts under the Tribal HUD-VASH program:  Provided
            further, <<NOTE: Criteria. Data.>>  That the Secretary shall be
            authorized to specify criteria for renewal grants, including
            data on the utilization of assistance reported by grant
            recipients:  Provided further, That such assistance shall be
            administered in accordance with program requirements under the
            Native American Housing Assistance and Self-Determination Act of
            1996 and modeled after the HUD-VASH program:  Provided
            further, <<NOTE: Waiver authority. Requirements.>>  That the
            Secretary shall be authorized to waive, or specify alternative
            requirements for any provision of any statute or regulation that
            the Secretary administers in connection with the use of funds
            made available under this paragraph (except for requirements
            related to fair housing, nondiscrimination, labor standards, and
            the environment), upon a finding by the Secretary that any such
            waivers or alternative requirements are necessary for the
            effective delivery and administration of such assistance:
            Provided further, <<NOTE: Reports. Data.>>  That grant
            recipients shall report to the Secretary on utilization of such
            rental assistance and other program data, as prescribed by the
            Secretary:  Provided further, That the Secretary may reallocate,
            as determined by the Secretary, amounts returned or recaptured
            from awards under the Tribal HUD-VASH program under prior Acts
            to existing recipients under the Tribal HUD-VASH program;
                (6) $50,000,000 for incremental rental voucher assistance
            for use through a supported housing program administered

    [[Page 136 STAT. 732]]

            in conjunction with the Department of Veterans Affairs as
            authorized under section 8(o)(19) of the United States Housing
            Act of 1937:  Provided, <<NOTE: Consultation.>>  That the
            Secretary of Housing and Urban Development shall make such
            funding available, notwithstanding section 203 (competition
            provision) of this title, to public housing agencies that
            partner with eligible VA Medical Centers or other entities as
            designated by the Secretary of the Department of Veterans
            Affairs, based on geographical need for such assistance as
            identified by the Secretary of the Department of Veterans
            Affairs, public housing agency administrative performance, and
            other factors as specified by the Secretary of Housing and Urban
            Development in consultation with the Secretary of the Department
            of Veterans Affairs:  Provided further, <<NOTE: Waiver
            authority. Requirements. Consultation.>>  That the Secretary of
            Housing and Urban Development may waive, or specify alternative
            requirements for (in consultation with the Secretary of the
            Department of Veterans Affairs), any provision of any statute or
            regulation that the Secretary of Housing and Urban Development
            administers in connection with the use of funds made available
            under this paragraph (except for requirements related to fair
            housing, nondiscrimination, labor standards, and the
            environment), upon a finding by the Secretary that any such
            waivers or alternative requirements are necessary for the
            effective delivery and administration of such voucher
            assistance:  Provided
            further, <<NOTE: Continuation. Veterans.>>  That assistance made
            available under this paragraph shall continue to remain
            available for homeless veterans upon turn-over;
                (7) $30,000,000 shall be made available for the family
            unification program as authorized under section 8(x) of the Act:
             Provided, <<NOTE: Continuation.>>  That the amounts made
            available under this paragraph are provided as follows:
                        (A) $5,000,000 shall be for new incremental voucher
                    assistance:  Provided, That the assistance made
                    available under this subparagraph shall continue to
                    remain available for family unification upon turnover;
                    and
                        (B) $25,000,000 shall be for new incremental voucher
                    assistance to assist eligible youth as defined by such
                    section 8(x)(2)(B):  Provided, That assistance made
                    available under this subparagraph shall continue to
                    remain available for such eligible youth upon turnover:
                    Provided further, That of the total amount made
                    available under this subparagraph, up to $15,000,000
                    shall be available on a noncompetitive basis to public
                    housing agencies that partner with public child welfare
                    agencies to identify such eligible youth, that request
                    such assistance to timely assist such eligible youth,
                    and that meet any other criteria as specified by the
                    Secretary:  Provided further, <<NOTE: Review.>>  That
                    the Secretary shall review utilization of the assistance
                    made available under the preceding proviso, at an
                    interval to be determined by the Secretary, and
                    unutilized voucher assistance that is no longer needed
                    shall be recaptured by the Secretary and reallocated
                    pursuant to the preceding proviso:
              Provided further, <<NOTE: Notification.>>  That for any public
            housing agency administering voucher assistance appropriated in
            a prior Act under the family unification program, or made
            available and competitively selected under this paragraph, that
            determines that it no longer has an identified need for such
            assistance upon

    [[Page 136 STAT. 733]]

            turnover, such agency shall notify the Secretary, and the
            Secretary shall recapture such assistance from the agency and
            reallocate it to any other public housing agency or agencies
            based on need for voucher assistance in connection with such
            specified program or eligible youth, as applicable;
                (8) $200,000,000 shall be made available for new incremental
            voucher assistance under section 8(o) of the United States
            Housing Act of 1937 to be allocated pursuant to a method, as
            determined by the Secretary, which may include a formula that
            may include such factors as severe cost burden, overcrowding,
            substandard housing for very low-income renters, homelessness,
            and administrative capacity, where such allocation method shall
            include both rural and urban areas:  Provided, That the
            Secretary may specify additional terms and conditions to ensure
            that public housing agencies provide vouchers for use by
            survivors of domestic violence, or individuals and families who
            are homeless, as defined in section 103(a) of the McKinney-Vento
            Homeless Assistance Act (42 U.S.C. 11302(a)), or at risk of
            homelessness, as defined in section 401(1) of such Act (42
            U.S.C. 11360(1));
                (9) $25,000,000 shall be for mobility-related services, as
            defined by the Secretary, for voucher families with children
            modeled after services provided in connection with the mobility
            demonstration authorized under section 235 of division G of the
            Consolidated Appropriations Act, 2019 (42 U.S.C. 1437f note;
            Public Law 116-6):  Provided, That the Secretary shall make
            funding available to public housing agencies on a competitive
            basis and shall give preference to public housing agencies with
            higher concentrations of housing choice voucher families with
            children residing in high-poverty neighborhoods:  Provided
            further, That the Secretary may recapture from the public
            housing agencies unused balances based on utilization of such
            awards and reallocate such amounts to any other public housing
            agency or agencies based on need for such mobility-related
            services as identified under such competition; and
                (10) the Secretary shall separately track all special
            purpose vouchers funded under this heading.

                            housing certificate fund

                             (including rescissions)

        Unobligated balances, including recaptures and carryover, remaining
    from funds appropriated to the Department of Housing and Urban
    Development under this heading, the heading ``Annual Contributions for
    Assisted Housing'' and the heading ``Project-Based Rental Assistance'',
    for fiscal year 2022 and prior years may be used for renewal of or
    amendments to section 8 project-based contracts and for performance-
    based contract administrators, notwithstanding the purposes for which
    such funds were appropriated:  Provided, That any obligated balances of
    contract authority from fiscal year 1974 and prior fiscal years that
    have been terminated shall be rescinded:  Provided further, That amounts
    heretofore recaptured, or recaptured during the current fiscal year,
    from section 8 project-based contracts from source years fiscal year
    1975 through fiscal year 1987 are hereby rescinded, and an amount of
    additional new budget authority, equivalent to the amount rescinded is
    hereby

    [[Page 136 STAT. 734]]

    appropriated, to remain available until expended, for the purposes set
    forth under this heading, in addition to amounts otherwise available.

                               public housing fund

        For 2022 payments to public housing agencies for the operation and
    management of public housing, as authorized by section 9(e) of the
    United States Housing Act of 1937 (42 U.S.C. 1437g(e)) (the ``Act''),
    and to carry out capital and management activities for public housing
    agencies, as authorized under section 9(d) of the Act (42 U.S.C.
    1437g(d)), $8,451,500,000, to remain available until September 30, 2025:
     Provided, That the amounts made available under this heading are
    provided as follows:
                (1) $5,038,500,000 shall be available to the Secretary to
            allocate pursuant to the Operating Fund formula at part 990 of
            title 24, Code of Federal Regulations, for 2022 payments;
                (2) <<NOTE: Determination.>>  $25,000,000 shall be available
            to the Secretary to allocate pursuant to a need-based
            application process notwithstanding section 203 of this title
            and not subject to such Operating Fund formula to public housing
            agencies that experience, or are at risk of, financial
            shortfalls, as determined by the Secretary:
            Provided, <<NOTE: Distribution.>>  That after all such shortfall
            needs are met, the Secretary may distribute any remaining funds
            to all public housing agencies on a pro-rata basis pursuant to
            such Operating Fund formula;
                (3) $3,200,000,000 shall be available to the Secretary to
            allocate pursuant to the Capital Fund formula at section 905.400
            of title 24, Code of Federal Regulations:  Provided, That for
            funds provided under this paragraph, the limitation in section
            9(g)(1) of the Act shall be 25 percent:  Provided
            further, <<NOTE: Waiver authority.>>  That the Secretary may
            waive the limitation in the preceding proviso to allow public
            housing agencies to fund activities authorized under section
            9(e)(1)(C) of the Act:  Provided
            further, <<NOTE: Notification. Deadline.>>  That the Secretary
            shall notify public housing agencies requesting waivers under
            the preceding proviso if the request is approved or denied
            within 14 days of submitting the request:  Provided
            further, <<NOTE: Time period. Bonus awards.>>  That from the
            funds made available under this paragraph, the Secretary shall
            provide bonus awards in fiscal year 2022 to public housing
            agencies that are designated high performers:  Provided
            further, <<NOTE: Notification. Deadline.>>  That the Department
            shall notify public housing agencies of their formula allocation
            within 60 days of enactment of this Act;
                (4) $75,000,000 shall be available for the Secretary to make
            grants, notwithstanding section 203 of this title, to public
            housing agencies for emergency capital needs, including safety
            and security measures necessary to address crime and drug-
            related activity, as well as needs resulting from unforeseen or
            unpreventable emergencies and natural disasters excluding
            Presidentially declared emergencies and natural disasters under
            the Robert T. Stafford Disaster Relief and Emergency Act (42
            U.S.C. 5121 et seq.) occurring in fiscal year 2022, of which
            $45,000,000 shall be available for public housing agencies under
            administrative and judicial receiverships or under the control
            of a Federal monitor:  Provided, That of the amount made
            available under this paragraph, not less than $10,000,000 shall
            be for safety and security measures:  Provided further,

    [[Page 136 STAT. 735]]

            That in <<NOTE: Deadline. Allocation.>>  addition to the amount
            in the preceding proviso for such safety and security measures,
            any amounts that remain available, after all applications
            received on or before September 30, 2023, for emergency capital
            needs have been processed, shall be allocated to public housing
            agencies for such safety and security measures;
                (5) <<NOTE: Evaluation.>>  $65,000,000 shall be for
            competitive grants to public housing agencies to evaluate and
            reduce residential health hazards in public housing, including
            lead-based paint (by carrying out the activities of risk
            assessments, abatement, and interim controls, as those terms are
            defined in section 1004 of the Residential Lead-Based Paint
            Hazard Reduction Act of 1992 (42 U.S.C. 4851b)), carbon
            monoxide, mold, radon, and fire safety:
            Provided, <<NOTE: Evaluation.>>  That not less than $25,000,000
            of the amounts provided under this paragraph shall be awarded
            for evaluating and reducing lead-based paint hazards:  Provided
            further, That for purposes of environmental review, a grant
            under this paragraph shall be considered funds for projects or
            activities under title I of the United States Housing Act of
            1937 (42 U.S.C. 1437 et seq.) for purposes of section 26 of such
            Act (42 U.S.C. 1437x) and shall be subject to the regulations
            implementing such section:  Provided further, That amounts made
            available under this paragraph shall be combined with amounts
            made available under the sixth paragraph under this heading in
            the Consolidated Appropriations Act, 2021 (Public Law 116-260)
            and shall be used in accordance with the purposes and
            requirements under this paragraph;
                (6) <<NOTE: Determination.>>  $15,000,000 shall be to
            support the costs of administrative and judicial receiverships
            and for competitive grants to PHAs in receivership, designated
            troubled or substandard, or otherwise at risk, as determined by
            the Secretary, for costs associated with public housing asset
            improvement, in addition to other amounts for that purpose
            provided under any heading under this title; and
                (7) $33,000,000 shall be to support ongoing public housing
            financial and physical assessment activities:

      Provided further, That notwithstanding any other provision of law or
    regulation, during fiscal year 2022, the Secretary of Housing and Urban
    Development may not delegate to any Department official other than the
    Deputy Secretary and the Assistant Secretary for Public and Indian
    Housing any authority under paragraph (2) of section 9(j) of the Act
    regarding the extension of the time periods under such section:
    Provided further, <<NOTE: Definition.>>  That for purposes of such
    section 9(j), the term ``obligate'' means, with respect to amounts, that
    the amounts are subject to a binding agreement that will result in
    outlays, immediately or in the future.

                         choice neighborhoods initiative

        For competitive grants under the Choice Neighborhoods Initiative
    (subject to section 24 of the United States Housing Act of 1937 (42
    U.S.C. 1437v) unless otherwise specified under this heading), for
    transformation, rehabilitation, and replacement housing needs of public
    and HUD-assisted housing and to transform neighborhoods of poverty into
    functioning, sustainable, mixed-income neighborhoods with appropriate
    services, schools, public assets, transportation, and access to jobs,
    $350,000,000, to remain

    [[Page 136 STAT. 736]]

    available until September 30, 2026:  Provided, That grant funds may be
    used for resident and community services, community development, and
    affordable housing needs in the community, and for conversion of vacant
    or foreclosed properties to affordable housing:  Provided further, That
    not more than 20 percent of the amount of any grant made with amounts
    made available under this heading may be used for necessary supportive
    services notwithstanding subsection (d)(1)(L) of such section 24:
    Provided further, That the use of amounts made available under this
    heading shall not be deemed to be for public housing, notwithstanding
    section 3(b)(1) of such Act:  Provided further, <<NOTE: Time
    period. Determination.>>  That grantees shall commit to an additional
    period of affordability determined by the Secretary of not fewer than 20
    years:  Provided further, That grantees shall provide a match in State,
    local, other Federal, or private funds:  Provided further, That grantees
    may include local governments, Tribal entities, public housing agencies,
    and nonprofit organizations:  Provided further, That for-profit
    developers may apply jointly with a public entity:  Provided
    further, <<NOTE: Regulations.>>  That for purposes of environmental
    review, a grantee shall be treated as a public housing agency under
    section 26 of the United States Housing Act of 1937 (42 U.S.C. 1437x),
    and grants made with amounts available under this heading shall be
    subject to the regulations issued by the Secretary to implement such
    section:  Provided further, That of the amounts made available under
    this heading, not less than $175,000,000 shall be awarded to public
    housing agencies:  Provided further, That such grantees shall create
    partnerships with other local organizations, including assisted housing
    owners, service agencies, and resident organizations:  Provided
    further, <<NOTE: Consultation. Coordination.>>  That the Secretary shall
    consult with the Secretaries of Education, Labor, Transportation, Health
    and Human Services, Agriculture, and Commerce, the Attorney General, and
    the Administrator of the Environmental Protection Agency to coordinate
    and leverage other appropriate Federal resources:  Provided further,
    That not more than $10,000,000 of the amounts made available under this
    heading may be provided as grants to undertake comprehensive local
    planning with input from residents and the community:  Provided further,
    That unobligated balances, including recaptures, remaining from amounts
    made available under the heading ``Revitalization of Severely Distressed
    Public Housing (HOPE VI)'' in fiscal year 2011 and prior fiscal years
    may be used for purposes under this heading, notwithstanding the
    purposes for which such amounts were appropriated:  Provided
    further, <<NOTE: Grants. Deadline. Determination.>>  That the Secretary
    shall make grant awards not later than 1 year after the date of
    enactment of this Act in such amounts that the Secretary determines:
    Provided further, That notwithstanding section 24(o) of the United
    States Housing Act of 1937 (42 U.S.C. 1437v(o)), the Secretary may,
    until September 30, 2022, obligate any available unobligated balances
    made available under this heading in this or any prior Act.

                            self-sufficiency programs

        For activities and assistance related to Self-Sufficiency Programs,
    to remain available until September 30, 2025, $159,000,000:  Provided,
    That the amounts made available under this heading are provided as
    follows:
                (1) $109,000,000 shall be for the Family Self-Sufficiency
            program to support family self-sufficiency coordinators under

    [[Page 136 STAT. 737]]

            section 23 of the United States Housing Act of 1937 (42 U.S.C.
            1437u), to promote the development of local strategies to
            coordinate the use of assistance under sections 8 and 9 of such
            Act with public and private resources, and enable eligible
            families to achieve economic independence and self-sufficiency:
            Provided, <<NOTE: Federal Register,
            publication. Notice. Waiver. Requirements. Determination.>>
            That the Secretary may, by Federal Register notice, waive or
            specify alternative requirements under subsections (b)(3),
            (b)(4), (b)(5), or (c)(1) of section 23 of such Act in order to
            facilitate the operation of a unified self-sufficiency program
            for individuals receiving assistance under different provisions
            of such Act, as determined by the Secretary:  Provided further,
            That owners <<NOTE: Procedures.>>  or sponsors of a multifamily
            property receiving project-based rental assistance under section
            8 of such Act may voluntarily make a Family Self-Sufficiency
            program available to the assisted tenants of such property in
            accordance with procedures established by the Secretary:
            Provided further, That such procedures established pursuant to
            the preceding proviso shall permit participating tenants to
            accrue escrow funds in accordance with section 23(d)(2) of such
            Act and shall allow owners to use funding from residual receipt
            accounts to hire coordinators for their own Family Self-
            Sufficiency program;
                (2) $35,000,000 shall be for the Resident Opportunity and
            Self-Sufficiency program to provide for supportive services,
            service coordinators, and congregate services as authorized by
            section 34 of the United States Housing Act of 1937 (42 U.S.C.
            1437z-6) and the Native American Housing Assistance and Self-
            Determination Act of 1996 (25 U.S.C. 4101 et seq.); and
                (3) $15,000,000 shall be for a Jobs-Plus initiative, modeled
            after the Jobs-Plus demonstration:  Provided, <<NOTE: Grants.>>
            That funding provided under this paragraph shall be available
            for competitive grants to partnerships between public housing
            authorities, local workforce investment boards established under
            section 107 of the Workforce Innovation and Opportunity Act of
            2014 (29 U.S.C. 3122), and other agencies and organizations that
            provide support to help public housing residents obtain
            employment and increase earnings:  Provided further, That
            applicants must demonstrate the ability to provide services to
            residents, partner with workforce investment boards, and
            leverage service dollars:  Provided
            further, <<NOTE: Waiver. Requirements.>>  That the Secretary may
            allow public housing agencies to request exemptions from rent
            and income limitation requirements under sections 3 and 6 of the
            United States Housing Act of 1937 (42 U.S.C. 1437a, 1437d), as
            necessary to implement the Jobs-Plus program, on such terms and
            conditions as the Secretary may approve upon a finding by the
            Secretary that any such waivers or alternative requirements are
            necessary for the effective implementation of the Jobs-Plus
            initiative as a voluntary program for residents:  Provided
            further, <<NOTE: Notice. Federal
            Register, publication. Deadline.>>  That the Secretary shall
            publish by notice in the Federal Register any waivers or
            alternative requirements pursuant to the preceding proviso no
            later than 10 days before the effective date of such notice.

                            native american programs

        For activities and assistance authorized under title I of the Native
    American Housing Assistance and Self-Determination Act

    [[Page 136 STAT. 738]]

    of 1996 (in this heading ``NAHASDA'') (25 U.S.C. 4111 et seq.), title I
    of the Housing and Community Development Act of 1974 (42 U.S.C. 5301 et
    seq.) with respect to Indian tribes, and related training and technical
    assistance, $1,002,086,000, to remain available until September 30,
    2026:  Provided, That the amounts made available under this heading are
    provided as follows:
                (1) $772,000,000 shall be for the Native American Housing
            Block Grants program, as authorized under title I of NAHASDA:
            Provided, <<NOTE: Determination. Applicability.>>  That,
            notwithstanding NAHASDA, to determine the amount of the
            allocation under title I of such Act for each Indian tribe, the
            Secretary shall apply the formula under section 302 of such Act
            with the need component based on single-race census data and
            with the need component based on multi-race census data, and the
            amount of the allocation for each Indian tribe shall be the
            greater of the two resulting allocation amounts:  Provided
            further, <<NOTE: Notification. Deadline.>>  That the Secretary
            shall notify grantees of their formula allocation not later than
            60 days after the date of enactment of this Act;
                (2) $150,000,000 shall be for competitive grants under the
            Native American Housing Block Grants program, as authorized
            under title I of NAHASDA:  Provided, That the Secretary shall
            obligate such amount for competitive grants to eligible
            recipients authorized under NAHASDA that apply for funds:
            Provided further, That in awarding amounts made available in
            this paragraph, the Secretary shall consider need and
            administrative capacity, and shall give priority to projects
            that will spur construction and rehabilitation of housing:
            Provided further, That a grant funded pursuant to this paragraph
            shall be in an amount not greater than $7,500,000:  Provided
            further, That any amounts transferred for the necessary costs of
            administering and overseeing the obligation and expenditure of
            such additional amounts in prior Acts may also be used for the
            necessary costs of administering and overseeing such additional
            amount;
                (3) $1,000,000 shall be for the cost of guaranteed notes and
            other obligations, as authorized by title VI of NAHASDA:
            Provided, That such costs, including the costs of modifying such
            notes and other obligations, shall be as defined in section 502
            of the Congressional Budget Act of 1974 (2 U.S.C. 661a):
            Provided further, That for fiscal year 2022 amounts made
            available in this Act for the cost of guaranteed notes and other
            obligations and any unobligated balances, including recaptures
            and carryover, remaining from amounts made available for this
            purpose under this heading or under the heading ``Native
            American Housing Block Grants'' in prior Acts shall be available
            to subsidize the total principal amount of any notes and other
            obligations, any part of which is to be guaranteed, not to
            exceed $50,000,000;
                (4) $72,086,000 shall be for grants to Indian tribes for
            carrying out the Indian Community Development Block Grant
            program under title I of the Housing and Community Development
            Act of 1974, notwithstanding section 106(a)(1) of such Act, of
            which, notwithstanding any other provision of law (including
            section 203 of this Act), not more than $5,000,000 may be used
            for emergencies that constitute imminent threats to health and
            safety:  Provided, That not to exceed 20 percent

    [[Page 136 STAT. 739]]

            of any grant made with amounts made available in this paragraph
            shall be expended for planning and management development and
            administration; and
                (5) $7,000,000 shall be for providing training and technical
            assistance to Indian tribes, Indian housing authorities, and
            tribally designated housing entities, to support the inspection
            of Indian housing units, for contract expertise, and for
            training and technical assistance related to amounts made
            available under this heading and other headings in this Act for
            the needs of Native American families and Indian country:
            Provided, That of the amounts made available in this paragraph,
            not less than $2,000,000 shall be for a national organization as
            authorized under section 703 of NAHASDA (25 U.S.C. 4212):
            Provided further, <<NOTE: Determination.>>  That amounts made
            available in this paragraph may be used, contracted, or competed
            as determined by the Secretary:  Provided
            further, <<NOTE: Contracts.>>  That notwithstanding chapter 63
            of title 31, United States Code (commonly known as the Federal
            Grant and Cooperative Agreements Act of 1977), the amounts made
            available in this paragraph may be used by the Secretary to
            enter into cooperative agreements with public and private
            organizations, agencies, institutions, and other technical
            assistance providers to support the administration of negotiated
            rulemaking under section 106 of NAHASDA (25 U.S.C. 4116), the
            administration of the allocation formula under section 302 of
            NAHASDA (25 U.S.C. 4152), and the administration of performance
            tracking and reporting under section 407 of NAHASDA (25 U.S.C.
            4167).

               indian housing loan guarantee fund program account

        For the cost of guaranteed loans, as authorized by section 184 of
    the Housing and Community Development Act of 1992 (12 U.S.C. 1715z-13a),
    $3,000,000, to remain available until expended:  Provided, That such
    costs, including the costs of modifying such loans, shall be as defined
    in section 502 of the Congressional Budget Act of 1974 (2 U.S.C. 661a):
    Provided further, That an additional $500,000, to remain available until
    expended, shall be for administrative contract expenses, including
    management processes to carry out the loan guarantee program:  Provided
    further, That for fiscal year 2022 amounts made available in this and
    prior Acts for the cost of guaranteed loans, as authorized by section
    184 of the Housing and Community Development Act of 1992 (12 U.S.C.
    1715z-13a), that are unobligated, including recaptures and carryover,
    shall be available to subsidize total loan principal, any part of which
    is to be guaranteed, not to exceed $1,400,000,000, to remain available
    until September 30, 2023.

                       native hawaiian housing block grant

        For the Native Hawaiian Housing Block Grant program, as authorized
    under title VIII of the Native American Housing Assistance and Self-
    Determination Act of 1996 (25 U.S.C. 4221 et seq.), $22,300,000, to
    remain available until September 30, 2026:  Provided, That
    notwithstanding section 812(b) of such Act, the Department of Hawaiian
    Home Lands may not invest grant amounts made available under this
    heading in investment securities and other obligations:  Provided
    further, That amounts made available under this heading in this and
    prior fiscal years may be used

    [[Page 136 STAT. 740]]

    to provide rental assistance to eligible Native Hawaiian families both
    on and off the Hawaiian Home Lands, notwithstanding any other provision
    of law.

           native hawaiian housing loan guarantee fund program account

                             (including rescission)

        New commitments to guarantee loans, as authorized by section 184A of
    the Housing and Community Development Act of 1992 (12 U.S.C. 1715z-13b),
    any part of which is to be guaranteed, shall not exceed $28,000,000 in
    total loan principal:  Provided, That the Secretary may enter into
    commitments to guarantee loans used for refinancing:  Provided further,
    That any unobligated balances, including recaptures and carryover,
    remaining from amounts made available under this heading in prior Acts
    and any remaining total loan principal guarantee limitation associated
    with such amounts in such prior Acts are hereby rescinded.

                       Community Planning and Development

                   housing opportunities for persons with aids

        For carrying <<NOTE: Contracts.>>  out the Housing Opportunities for
    Persons with AIDS program, as authorized by the AIDS Housing Opportunity
    Act (42 U.S.C. 12901 et seq.), $450,000,000, to remain available until
    September 30, 2023, except that amounts allocated pursuant to section
    854(c)(5) of such Act shall remain available until September 30, 2024:
    Provided, That the Secretary shall renew or replace all expiring
    contracts for permanent supportive housing that initially were funded
    under section 854(c)(5) of such Act from funds made available under this
    heading in fiscal year 2010 and prior fiscal years that meet all program
    requirements before awarding funds for new contracts under such section:
     Provided further, <<NOTE: Notice.>>  That the process for submitting
    amendments and approving replacement contracts shall be established by
    the Secretary in a notice:  Provided
    further, <<NOTE: Notification. Deadline.>>  That the Department shall
    notify grantees of their formula allocation within 60 days of enactment
    of this Act.

                           community development fund

        For assistance to States and units of general local government, and
    other entities, for economic and community development activities, and
    other purposes, $4,841,409,207, to remain available until September 30,
    2025, unless otherwise specified:  Provided, That of the total amount
    provided under this heading, $3,300,000,000 is for carrying out the
    community development block grant program under title I of the Housing
    and Community Development Act of 1974, as amended (42 U.S.C. 5301 et
    seq.) (in this heading ``the Act''):  Provided
    further, <<NOTE: Grants.>>  That unless explicitly provided for under
    this heading, not to exceed 20 percent of any grant made with funds made
    available under this heading shall be expended for planning and
    management development and administration:  Provided further, That a
    metropolitan city, urban county, unit of general local government, or
    insular area that directly or indirectly receives funds under this
    heading may not sell, trade, or otherwise

    [[Page 136 STAT. 741]]

    transfer all or any portion of such funds to another such entity in
    exchange for any other funds, credits, or non-Federal considerations,
    but shall use such funds for activities eligible under title I of the
    Act:  Provided further, <<NOTE: Evaluation.>>  That notwithstanding
    section 105(e)(1) of the Act, no funds made available under this heading
    may be provided to a for-profit entity for an economic development
    project under section 105(a)(17) unless such project has been evaluated
    and selected in accordance with guidelines required under subsection
    (e)(2) of section 105:  Provided further, That of the total amount
    provided under this heading, $25,000,000 shall be for activities
    authorized under section 8071 of the SUPPORT for Patients and
    Communities Act (Public Law 115-271):  Provided further, That the funds
    allocated pursuant to the preceding proviso shall not adversely affect
    the amount of any formula assistance received by a State under the first
    proviso:  Provided further, <<NOTE: Allocation.>>  That the Secretary
    shall allocate the funds for such activities based on the notice
    establishing the funding formula published in 84 FR 16027 (April 17,
    2019) except that the formula shall use age-adjusted rates of drug
    overdose deaths for 2019 based on data from the Centers for Disease
    Control and Prevention:  Provided further, <<NOTE: Grants.>>  That of
    the total amount made available under this heading, $1,516,409,207 shall
    be available for grants for the Economic Development Initiative (EDI)
    for the purposes, and in amounts, specified for Community Project
    Funding/Congressionally Directed Spending in the table entitled
    ``Community Project Funding/Congressionally Directed Spending'' included
    in the explanatory statement described in section 4 (in the matter
    preceding division A of this consolidated Act):  Provided further, That
    none of the amounts made available in the preceding proviso shall be
    used for reimbursement of expenses incurred prior to the obligation of
    funds:  Provided further, <<NOTE: Notification. Deadline.>>  That the
    Department of Housing and Urban Development shall notify grantees of
    their formula allocation within 60 days of enactment of this Act.

              community development loan guarantees program account

        Subject to section 502 of the Congressional Budget Act of 1974 (2
    U.S.C. 661a), during fiscal year 2022, commitments to guarantee loans
    under section 108 of the Housing and Community Development Act of 1974
    (42 U.S.C. 5308), any part of which is guaranteed, shall not exceed a
    total principal amount of $300,000,000, notwithstanding any aggregate
    limitation on outstanding obligations guaranteed in subsection (k) of
    such section 108:  Provided, <<NOTE: Fees.>>  That the Secretary shall
    collect fees from borrowers, notwithstanding subsection (m) of such
    section 108, to result in a credit subsidy cost of zero for guaranteeing
    such loans, and any such fees shall be collected in accordance with
    section 502(7) of the Congressional Budget Act of 1974:  Provided
    further, That such commitment authority funded by fees may be used to
    guarantee, or make commitments to guarantee, notes or other obligations
    issued by any State on behalf of non-entitlement communities in the
    State in accordance with the requirements of such section 108:  Provided
    further, <<NOTE: Distribution.>>  That any State receiving such a
    guarantee or commitment under the preceding proviso shall distribute all
    funds subject to such guarantee to the units of general local government
    in non-entitlement areas that received the commitment.

    [[Page 136 STAT. 742]]

                      home investment partnerships program

        For the HOME Investment Partnerships program, as authorized under
    title II of the Cranston-Gonzalez National Affordable Housing Act, as
    amended (42 U.S.C. 12721 et seq.), $1,500,000,000, to remain available
    until September 30, 2025:  Provided, That notwithstanding section 231(b)
    of such Act (42 U.S.C. 12771(b)), all unobligated balances remaining
    from amounts recaptured pursuant to such section that remain available
    until expended shall be combined with amounts made available under this
    heading and allocated in accordance with the formula under section
    217(b)(1)(A) of such Act (42 U.S.C.
    12747(b)(1)(A)): <<NOTE: Notification. Deadline.>>   Provided further,
    That the Department shall notify grantees of their formula allocations
    within 60 days after enactment of this Act:  Provided further, That
    section 218(g) of such Act (42 U.S.C. 12748(g)) shall not apply with
    respect to the right of a jurisdiction to draw funds from its HOME
    Investment Trust Fund that otherwise expired or would expire in any
    calendar year from 2016 through 2024 under that section:  Provided
    further, That section 231(b) of such Act (42 U.S.C. 12771(b)) shall not
    apply to any uninvested funds that otherwise were deducted or would be
    deducted from the line of credit in the participating jurisdiction's
    HOME Investment Trust Fund in any calendar year from 2018 through 2024
    under that section.

            self-help and assisted homeownership opportunity program

        For the Self-Help and Assisted Homeownership Opportunity Program, as
    authorized under section 11 of the Housing Opportunity Program Extension
    Act of 1996 (42 U.S.C. 12805 note), and for related activities and
    assistance, $62,500,000, to remain available until September 30, 2024:
    Provided, That the amounts made available under this heading are
    provided as follows:
                (1) $12,500,000 shall be for the Self-Help Homeownership
            Opportunity Program as authorized under such section 11;
                (2) $41,000,000 shall be for the second, third, and fourth
            capacity building entities specified in section 4(a) of the HUD
            Demonstration Act of 1993 (42 U.S.C. 9816 note), of which not
            less than $5,000,000 shall be for rural capacity building
            activities:  Provided, That for purposes of awarding grants from
            amounts made available in this paragraph, the Secretary may
            enter into multiyear agreements, as appropriate, subject to the
            availability of annual appropriations;
                (3) $5,000,000 shall be for capacity building by national
            rural housing organizations having experience assessing national
            rural conditions and providing financing, training, technical
            assistance, information, and research to local nonprofit
            organizations, local governments, and Indian Tribes serving high
            need rural communities; and
                (4) $4,000,000, shall be for a program to rehabilitate and
            modify the homes of disabled or low-income veterans, as
            authorized under section 1079 of the Carl Levin and Howard P.
            ``Buck'' McKeon National Defense Authorization Act for Fiscal
            Year 2015 (38 U.S.C. 2101 note):
            Provided, <<NOTE: Deadlines.>>  That the issuance of a Notice of
            Funding Opportunity for the amounts made available in this
            paragraph shall be completed not later than 120 days after
            enactment of this Act and such amounts shall be awarded not
            later than 180 days after such issuance.

    [[Page 136 STAT. 743]]

                           homeless assistance grants

        For assistance under title IV of the McKinney-Vento Homeless
    Assistance Act (42 U.S.C. 11360 et seq.), $3,213,000,000, to remain
    available until September 30, 2024:  Provided, That of the amounts made
    available under this heading--
                (1) $290,000,000 shall be for the Emergency Solutions Grants
            program authorized under subtitle B of such title IV (42 U.S.C.
            11371 et seq.):  Provided, <<NOTE: Notification. Deadline.>>
            That the Department shall notify grantees of their formula
            allocation from amounts allocated (which may represent initial
            or final amounts allocated) for the Emergency Solutions Grant
            program not later than 60 days after enactment of this Act;
                (2) $2,809,000,000 shall be for the Continuum of Care
            program authorized under subtitle C of such title IV (42 U.S.C.
            11381 et seq.) and the Rural Housing Stability Assistance
            programs authorized under subtitle D of such title IV (42 U.S.C.
            11408):  Provided, That the Secretary shall prioritize funding
            under the Continuum of Care program to continuums of care that
            have demonstrated a capacity to reallocate funding from lower
            performing projects to higher performing projects:  Provided
            further, <<NOTE: Incentives.>>  That the Secretary shall provide
            incentives to create projects that coordinate with housing
            providers and healthcare organizations to provide permanent
            supportive housing and rapid re-housing services:  Provided
            further, That of the amounts made available for the Continuum of
            Care program under this paragraph, not less than $52,000,000
            shall be for grants for new rapid re-housing projects and
            supportive service projects providing coordinated entry, and for
            eligible activities that the Secretary determines to be critical
            in order to assist survivors of domestic violence, dating
            violence, sexual assault, or stalking:  Provided further, That
            amounts made available for the Continuum of Care program under
            this heading in this Act and any remaining unobligated balances
            from prior Acts may be used to competitively or non-
            competitively renew or replace grants for youth homeless
            demonstration projects under the Continuum of Care program,
            notwithstanding any conflict with the requirements of the
            Continuum of Care program;
                (3) $7,000,000 shall be for the national homeless data
            analysis project:
            Provided, <<NOTE: Contracts. Determination.>>  That
            notwithstanding the provisions of the Federal Grant and
            Cooperative Agreements Act of 1977 (31 U.S.C. 6301-6308), the
            amounts made available under this paragraph and any remaining
            unobligated balances under this heading for such purposes in
            prior Acts may be used by the Secretary to enter into
            cooperative agreements with such entities as may be determined
            by the Secretary, including public and private organizations,
            agencies, and institutions; and
                (4) $107,000,000 shall be to implement projects to
            demonstrate how a comprehensive approach to serving homeless
            youth, age 24 and under, in up to 25 communities with a priority
            for communities with substantial rural populations in up to
            eight locations, can dramatically reduce youth homelessness:
            Provided, That of the amount made available under this
            paragraph, not less than $25,000,000 shall be for youth
            homelessness system improvement grants to support communities,
            including but not limited to the communities assisted

    [[Page 136 STAT. 744]]

            under the matter preceding this proviso, in establishing and
            implementing a response system for youth homelessness, or for
            improving their existing system:  Provided further, That of the
            amount made available under this paragraph, up to $10,000,000
            shall be to provide technical assistance to communities,
            including but not limited to the communities assisted in the
            preceding proviso and the matter preceding such proviso, on
            improving system responses to youth homelessness, and
            collection, analysis, use, and reporting of data and performance
            measures under the comprehensive approaches to serve homeless
            youth, in addition to and in coordination with other technical
            assistance funds provided under this title:  Provided further,
            That the Secretary may use up to 10 percent of the amount made
            available under the preceding proviso to build the capacity of
            current technical assistance providers or to train new technical
            assistance providers with verifiable prior experience with
            systems and programs for youth experiencing homelessness:

      Provided further, <<NOTE: Children, youth, and families.>>  That youth
    aged 24 and under seeking assistance under this heading shall not be
    required to provide third party documentation to establish their
    eligibility under subsection (a) or (b) of section 103 of the McKinney-
    Vento Homeless Assistance Act (42 U.S.C. 11302) to receive services:
    Provided further, That unaccompanied youth aged 24 and under or families
    headed by youth aged 24 and under who are living in unsafe situations
    may be served by youth-serving providers funded under this heading:
    Provided further, That persons eligible under section 103(a)(5) of the
    McKinney-Vento Homeless Assistance Act may be served by any project
    funded under this heading to provide both transitional housing and rapid
    re-housing:  Provided further, That for all matching funds requirements
    applicable to funds made available under this heading for this fiscal
    year and prior fiscal years, a grantee may use (or could have used) as a
    source of match funds other funds administered by the Secretary and
    other Federal agencies unless there is (or was) a specific statutory
    prohibition on any such use of any such funds:  Provided
    further, <<NOTE: Determination.>>  That none of the funds made available
    under this heading shall be available to provide funding for new
    projects, except for projects created through reallocation, unless the
    Secretary determines that the continuum of care has demonstrated that
    projects are evaluated and ranked based on the degree to which they
    improve the continuum of care's system performance:  Provided
    further, <<NOTE: Time period.>>  That any unobligated amounts remaining
    from funds made available under this heading in fiscal year 2012 and
    prior years for project-based rental assistance for rehabilitation
    projects with 10-year grant terms may be used for purposes under this
    heading, notwithstanding the purposes for which such funds were
    appropriated:  Provided further, That unobligated balances, including
    recaptures and carryover, remaining from funds transferred to or
    appropriated under this heading in fiscal year 2019 or prior years,
    except for rental assistance amounts that were recaptured and made
    available until expended, shall be available for the current purposes
    authorized under this heading in addition to the purposes for which such
    funds originally were appropriated.

    [[Page 136 STAT. 745]]

                                Housing Programs

    project-based rental assistance <<NOTE: Contracts.>>

        For activities and assistance for the provision of project-based
    subsidy contracts under the United States Housing Act of 1937 (42 U.S.C.
    1437 et seq.) (``the Act''), not otherwise provided for,
    $13,540,000,000, to remain available until expended, shall be available
    on October 1, 2021 (in addition to the $400,000,000 previously
    appropriated under this heading that became available October 1, 2021),
    and $400,000,000, to remain available until expended, shall be available
    on October 1, 2022:  Provided, That the amounts made available under
    this heading shall be available for expiring or terminating section 8
    project-based subsidy contracts (including section 8 moderate
    rehabilitation contracts), for amendments to section 8 project-based
    subsidy contracts (including section 8 moderate rehabilitation
    contracts), for contracts entered into pursuant to section 441 of the
    McKinney-Vento Homeless Assistance Act (42 U.S.C. 11401), for renewal of
    section 8 contracts for units in projects that are subject to approved
    plans of action under the Emergency Low Income Housing Preservation Act
    of 1987 or the Low-Income Housing Preservation and Resident
    Homeownership Act of 1990, and for administrative and other expenses
    associated with project-based activities and assistance funded under
    this heading:  Provided further, That of the total amounts provided
    under this heading, not to exceed $355,000,000 shall be available for
    performance-based contract administrators for section 8 project-based
    assistance, for carrying out 42 U.S.C. 1437(f):  Provided further, That
    the Secretary may also use such amounts in the preceding proviso for
    performance-based contract administrators for the administration of:
    interest reduction payments pursuant to section 236(a) of the National
    Housing Act (12 U.S.C. 1715z-1(a)); rent supplement payments pursuant to
    section 101 of the Housing and Urban Development Act of 1965 (12 U.S.C.
    1701s); section 236(f)(2) rental assistance payments (12 U.S.C. 1715z-
    1(f)(2)); project rental assistance contracts for the elderly under
    section 202(c)(2) of the Housing Act of 1959 (12 U.S.C. 1701q); project
    rental assistance contracts for supportive housing for persons with
    disabilities under section 811(d)(2) of the Cranston-Gonzalez National
    Affordable Housing Act (42 U.S.C. 8013(d)(2)); project assistance
    contracts pursuant to section 202(h) of the Housing Act of 1959 (Public
    Law 86-372; 73 Stat. 667); and loans under section 202 of the Housing
    Act of 1959 (Public Law 86-372; 73 Stat. 667):  Provided further, That
    amounts recaptured under this heading, the heading ``Annual
    Contributions for Assisted Housing'', or the heading ``Housing
    Certificate Fund'', may be used for renewals of or amendments to section
    8 project-based contracts or for performance-based contract
    administrators, notwithstanding the purposes for which such amounts were
    appropriated:  Provided further, <<NOTE: Determination.>>  That,
    notwithstanding any other provision of law, upon the request of the
    Secretary, project funds that are held in residual receipts accounts for
    any project subject to a section 8 project-based Housing Assistance
    Payments contract that authorizes the Department or a housing finance
    agency to require that surplus project funds be deposited in an
    interest-bearing residual receipts account and that are in excess of an
    amount to be determined by the Secretary, shall be remitted to the
    Department and deposited in this account,

    [[Page 136 STAT. 746]]

    to be available until expended:  Provided further, That amounts
    deposited pursuant to the preceding proviso shall be available in
    addition to the amount otherwise provided by this heading for uses
    authorized under this heading.

                             housing for the elderly

        For capital advances, including amendments to capital advance
    contracts, for housing for the elderly, as authorized by section 202 of
    the Housing Act of 1959 (12 U.S.C. 1701q), for project rental assistance
    for the elderly under section 202(c)(2) of such Act, including
    amendments to contracts for such assistance and renewal of expiring
    contracts for such assistance for up to a 5-year term, for senior
    preservation rental assistance contracts, including renewals, as
    authorized by section 811(e) of the American Homeownership and Economic
    Opportunity Act of 2000 (12 U.S.C. 1701q note), and for supportive
    services associated with the housing, $1,033,000,000 to remain available
    until September 30, 2025:  Provided, That of the amount made available
    under this heading, up to $125,000,000 shall be for service coordinators
    and the continuation of existing congregate service grants for residents
    of assisted housing projects:  Provided further, <<NOTE: Deadline.>>
    That any funding for existing service coordinators under the preceding
    proviso shall be provided within 120 days of enactment of this Act:
    Provided further, That amounts made available under this heading shall
    be available for Real Estate Assessment Center inspections and
    inspection-related activities associated with section 202 projects:
    Provided further, That the Secretary <<NOTE: Waiver authority. Time
    period.>>  may waive the provisions of section 202 governing the terms
    and conditions of project rental assistance, except that the initial
    contract term for such assistance shall not exceed 5 years in duration:
    Provided further, <<NOTE: Determination.>>  That upon request of the
    Secretary, project funds that are held in residual receipts accounts for
    any project subject to a section 202 project rental assistance contract,
    and that upon termination of such contract are in excess of an amount to
    be determined by the Secretary, shall be remitted to the Department and
    deposited in this account, to remain available until September 30, 2025:
     Provided further, That amounts deposited in this account pursuant to
    the preceding proviso shall be available, in addition to the amounts
    otherwise provided by this heading, for the purposes authorized under
    this heading:  Provided further, That unobligated balances, including
    recaptures and carryover, remaining from funds transferred to or
    appropriated under this heading shall be available for the current
    purposes authorized under this heading in addition to the purposes for
    which such funds originally were appropriated:  Provided further, That
    of the total amount made available under this heading, up to $10,000,000
    shall be used to expand the supply of intergenerational dwelling units
    (as such term is defined in section 202 of the Legacy Act of 2003 (12
    U.S.C. 1701q note)) for elderly caregivers raising children:  Provided
    further, <<NOTE: Waiver authority.>>  That for the purposes of the
    preceding proviso the Secretary may waive, or specify alternative
    requirements for, any provision of section 202 of the Housing Act of
    1959 (12 U.S.C. 1701q) in order to facilitate the development of such
    units, except for requirements related to fair housing,
    nondiscrimination, labor standards, and the environment:  Provided
    further, That of the total amount made available under this heading,

    [[Page 136 STAT. 747]]

    up to $6,000,000 shall be used by the Secretary to support preservation
    transactions of housing for the elderly originally developed with a
    capital advance and assisted by a project rental assistance contract
    under the provisions of section 202(c) of the Housing Act of 1959.

                      housing for persons with disabilities

        For capital advances, including amendments to capital advance
    contracts, for supportive housing for persons with disabilities, as
    authorized by section 811 of the Cranston-Gonzalez National Affordable
    Housing Act (42 U.S.C. 8013), for project rental assistance for
    supportive housing for persons with disabilities under section 811(d)(2)
    of such Act, for project assistance contracts pursuant to subsection (h)
    of section 202 of the Housing Act of 1959, as added by section 205(a) of
    the Housing and Community Development Amendments of 1978 (Public Law 95-
    557: 92 Stat. 2090), including amendments to contracts for such
    assistance and renewal of expiring contracts for such assistance for up
    to a 1-year term, for project rental assistance to State housing finance
    agencies and other appropriate entities as authorized under section
    811(b)(3) of the Cranston-Gonzalez National Affordable Housing Act, and
    for supportive services associated with the housing for persons with
    disabilities as authorized by section 811(b)(1) of such Act,
    $352,000,000, to remain available until September 30, 2025:  Provided,
    That amounts made available under this heading shall be available for
    Real Estate Assessment Center inspections and inspection-related
    activities associated with section 811 projects:  Provided
    further, <<NOTE: Determination.>>  That, upon the request of the
    Secretary, project funds that are held in residual receipts accounts for
    any project subject to a section 811 project rental assistance contract,
    and that upon termination of such contract are in excess of an amount to
    be determined by the Secretary, shall be remitted to the Department and
    deposited in this account, to remain available until September 30, 2025:
     Provided further, That amounts deposited in this account pursuant to
    the preceding proviso shall be available in addition to the amounts
    otherwise provided by this heading for the purposes authorized under
    this heading:  Provided further, That unobligated balances, including
    recaptures and carryover, remaining from funds transferred to or
    appropriated under this heading shall be used for the current purposes
    authorized under this heading in addition to the purposes for which such
    funds originally were appropriated.

                          housing counseling assistance

        For contracts, grants, and other assistance excluding loans, as
    authorized under section 106 of the Housing and Urban Development Act of
    1968, as amended, $57,500,000, to remain available until September 30,
    2023, including up to $4,500,000 for administrative contract services:
    Provided, That funds shall be used for providing counseling and advice
    to tenants and homeowners, both current and prospective, with respect to
    property maintenance, financial management or literacy, and such other
    matters as may be appropriate to assist them in improving their housing
    conditions, meeting their financial needs, and fulfilling the
    responsibilities of tenancy or homeownership; for program
    administration; and for housing counselor training:  Provided
    further, <<NOTE: Contracts.>>  That for purposes of awarding grants from
    amounts provided under this heading,

    [[Page 136 STAT. 748]]

    the Secretary may enter into multiyear agreements, as appropriate,
    subject to the availability of annual appropriations.

                 payment to manufactured housing fees trust fund

        For necessary expenses as authorized by the National Manufactured
    Housing Construction and Safety Standards Act of 1974 (42 U.S.C. 5401 et
    seq.), up to $14,000,000, to remain available until expended, of which
    $14,000,000 shall be derived from the Manufactured Housing Fees Trust
    Fund (established under section 620(e) of such Act (42 U.S.C. 5419(e)):
    Provided, That not to exceed the total amount appropriated under this
    heading shall be available from the general fund of the Treasury to the
    extent necessary to incur obligations and make expenditures pending the
    receipt of collections to the Fund pursuant to section 620 of such Act:
    Provided further, That the amount made available under this heading from
    the general fund shall be reduced as such collections are received
    during fiscal year 2022 so as to result in a final fiscal year 2022
    appropriation from the general fund estimated at zero, and fees pursuant
    to such section 620 shall be modified as necessary to ensure such a
    final fiscal year 2022 appropriation:  Provided
    further, <<NOTE: Fees.>>  That for the dispute resolution and
    installation programs, the Secretary may assess and collect fees from
    any program participant:  Provided further, That such collections shall
    be deposited into the Trust Fund, and the Secretary, as provided herein,
    may use such collections, as well as fees collected under section 620 of
    such Act, for necessary expenses of such Act:  Provided further, That,
    notwithstanding the requirements of section 620 of such Act, the
    Secretary may carry out responsibilities of the Secretary under such Act
    through the use of approved service providers that are paid directly by
    the recipients of their services.

                         Federal Housing Administration

                    mutual mortgage insurance program account

        New commitments to guarantee single family loans insured under the
    Mutual Mortgage Insurance Fund shall not exceed $400,000,000,000, to
    remain available until September 30, 2023:  Provided, That during fiscal
    year 2022, obligations to make direct loans to carry out the purposes of
    section 204(g) of the National Housing Act, as amended, shall not exceed
    $1,000,000:  Provided further, That the foregoing amount in the
    preceding proviso shall be for loans to nonprofit and governmental
    entities in connection with sales of single family real properties owned
    by the Secretary and formerly insured under the Mutual Mortgage
    Insurance Fund:  Provided further, That for administrative contract
    expenses of the Federal Housing Administration, $150,000,000, to remain
    available until September 30, 2023:  Provided further, <<NOTE: Effective
    date.>>  That to the extent guaranteed loan commitments exceed
    $200,000,000,000 on or before April 1, 2022, an additional $1,400 for
    administrative contract expenses shall be available for each $1,000,000
    in additional guaranteed loan commitments (including a pro rata amount
    for any amount below $1,000,000), but in no case shall funds made
    available by this proviso exceed $30,000,000:  Provided further, That
    notwithstanding the limitation in the first sentence of section 255(g)
    of the National Housing Act (12 U.S.C. 1715z-20(g)), during fiscal

    [[Page 136 STAT. 749]]

    year 2022 the Secretary may insure and enter into new commitments to
    insure mortgages under section 255 of the National Housing Act only to
    the extent that the net credit subsidy cost for such insurance does not
    exceed zero.

                    general and special risk program account

        New commitments to guarantee loans insured under the General and
    Special Risk Insurance Funds, as authorized by sections 238 and 519 of
    the National Housing Act (12 U.S.C. 1715z-3 and 1735c), shall not exceed
    $30,000,000,000 in total loan principal, any part of which is to be
    guaranteed, to remain available until September 30, 2023:  Provided,
    That during fiscal year 2022, gross obligations for the principal amount
    of direct loans, as authorized by sections 204(g), 207(l), 238, and
    519(a) of the National Housing Act, shall not exceed $1,000,000, which
    shall be for loans to nonprofit and governmental entities in connection
    with the sale of single family real properties owned by the Secretary
    and formerly insured under such Act.

                    Government National Mortgage Association

     guarantees of mortgage-backed securities loan guarantee program account

        New commitments to issue guarantees to carry out the purposes of
    section 306 of the National Housing Act, as amended (12 U.S.C. 1721(g)),
    shall not exceed $900,000,000,000, to remain available until September
    30, 2023:  Provided, That $33,500,000, to remain available until
    September 30, 2023, shall be for necessary salaries and expenses of the
    Government National Mortgage Association:  Provided
    further, <<NOTE: Time period. Effective date.>>  That to the extent that
    guaranteed loan commitments exceed $155,000,000,000 on or before April
    1, 2022, an additional $100 for necessary salaries and expenses shall be
    available until expended for each $1,000,000 in additional guaranteed
    loan commitments (including a pro rata amount for any amount below
    $1,000,000), but in no case shall funds made available by this proviso
    exceed $3,000,000:  Provided further, <<NOTE: Fees.>>  That receipts
    from Commitment and Multiclass fees collected pursuant to title III of
    the National Housing Act (12 U.S.C. 1716 et seq.) shall be credited as
    offsetting collections to this account.

                         Policy Development and Research

                             research and technology

        For contracts, grants, and necessary expenses of programs of
    research and studies relating to housing and urban problems, not
    otherwise provided for, as authorized by title V of the Housing and
    Urban Development Act of 1970 (12 U.S.C. 1701z-1 et seq.), including
    carrying out the functions of the Secretary of Housing and Urban
    Development under section 1(a)(1)(i) of Reorganization Plan No. 2 of
    1968, and for technical assistance, $125,400,000, to remain available
    until September 30, 2023:  Provided, <<NOTE: Contracts.>>  That with
    respect to amounts made available under this heading, notwithstanding
    section 203 of this title, the Secretary may enter into cooperative
    agreements with philanthropic entities, other Federal agencies, State or
    local governments and their agencies, Indian

    [[Page 136 STAT. 750]]

    Tribes, tribally designated housing entities, or colleges or
    universities for research projects:  Provided
    further, <<NOTE: Contribution.>>  That with respect to the preceding
    proviso, such partners to the cooperative agreements shall contribute at
    least a 50 percent match toward the cost of the project:  Provided
    further, <<NOTE: Compliance.>>  That for non-competitive agreements
    entered into in accordance with the preceding two provisos, the
    Secretary shall comply with section 2(b) of the Federal Funding
    Accountability and Transparency Act of 2006 (Public Law 109-282, 31
    U.S.C. note) in lieu of compliance with section 102(a)(4)(C) of the
    Department of Housing and Urban Development Reform Act of 1989 (42
    U.S.C. 3545(a)(4)(C)) with respect to documentation of award decisions:
    Provided further, <<NOTE: Plan. Allocation. Deadline.>>  That prior to
    obligation of technical assistance funding, the Secretary shall submit a
    plan to the House and Senate Committees on Appropriations on how the
    Secretary will allocate funding for this activity at least 30 days prior
    to obligation:  Provided further, That none of the funds provided under
    this heading may be available for the doctoral dissertation research
    grant program:  Provided further, That an additional $20,000,000, to
    remain available until September 30, 2024, shall be for competitive
    grants to nonprofit or governmental entities to provide legal assistance
    (including assistance related to pretrial activities, trial activities,
    post-trial activities and alternative dispute resolution) at no cost to
    eligible low-income tenants at risk of or subject to eviction:  Provided
    further, That in awarding grants under the preceding proviso, the
    Secretary shall give preference to applicants that include a marketing
    strategy for residents of areas with high rates of eviction, have
    experience providing no-cost legal assistance to low-income individuals,
    including those with limited English proficiency or disabilities, and
    have sufficient capacity to administer such assistance, and may select
    unfunded or partially funded eligible applicants identified in the
    previous competition:  Provided further, <<NOTE: Urban and rural
    areas.>>  That the Secretary shall ensure, to the extent practicable,
    that the proportion of eligible tenants living in rural areas who will
    receive legal assistance with grant funds made available under this
    heading is not less than the overall proportion of eligible tenants who
    live in rural areas.

                       Fair Housing and Equal Opportunity

                             fair housing activities

        For contracts, grants, and other assistance, not otherwise provided
    for, as authorized by title VIII of the Civil Rights Act of 1968 (42
    U.S.C. 3601 et seq.), and section 561 of the Housing and Community
    Development Act of 1987 (42 U.S.C. 3616a), $85,000,000, to remain
    available until September 30, 2023:  Provided, <<NOTE: Fees.>>  That
    notwithstanding section 3302 of title 31, United States Code, the
    Secretary may assess and collect fees to cover the costs of the Fair
    Housing Training Academy, and may use such funds to develop on-line
    courses and provide such training:  Provided
    further, <<NOTE: Lobbying.>>  That none of the funds made available
    under this heading may be used to lobby the executive or legislative
    branches of the Federal Government in connection with a specific
    contract, grant, or loan:  Provided further, That of the funds made
    available under this heading, $1,000,000 shall be available to the
    Secretary for the creation and promotion of translated materials and
    other programs that support the assistance of persons with limited
    English

    [[Page 136 STAT. 751]]

    proficiency in utilizing the services provided by the Department of
    Housing and Urban Development.

                 Office of Lead Hazard Control and Healthy Homes

                              lead hazard reduction

                          (including transfer of funds)

        For the Lead Hazard Reduction Program, as authorized by section 1011
    of the Residential Lead-Based Paint Hazard Reduction Act of 1992 (42
    U.S.C. 4852), and for related activities and assistance, $415,000,000,
    to remain available until September 30, 2024:  Provided, That the
    amounts made available under this heading are provided as follows:
                (1) $290,000,000 shall be for the award of grants pursuant
            to such section 1011, of which not less than $95,000,000 shall
            be provided to areas with the highest lead-based paint abatement
            needs;
                (2) $90,000,000 shall be for the Healthy Homes Initiative,
            pursuant to sections 501 and 502 of the Housing and Urban
            Development Act of 1970, which shall include research, studies,
            testing, and demonstration efforts, including education and
            outreach concerning lead-based paint poisoning and other
            housing-related diseases and hazards, and mitigating housing-
            related health and safety hazards in housing of low-income
            families, of which--
                        (A) $5,000,000 of such amounts shall be for the
                    implementation of projects in up to five communities
                    that are served by both the Healthy Homes Initiative and
                    the Department of Energy weatherization programs to
                    demonstrate whether the coordination of Healthy Homes
                    remediation activities with weatherization activities
                    achieves cost savings and better outcomes in improving
                    the safety and quality of homes; and
                        (B) $15,000,000 of such amounts shall be for grants
                    to experienced non-profit organizations, States, local
                    governments, or public housing agencies for safety and
                    functional home modification repairs and renovations to
                    meet the needs of low-income elderly homeowners to
                    enable them to remain in their primary residence:
                    Provided, That of the total amount made available under
                    this subparagraph no less than $5,000,000 shall be
                    available to meet such needs in communities with
                    substantial rural populations;
                (3) $5,000,000 shall be for the award of grants and
            contracts for research pursuant to sections 1051 and 1052 of the
            Residential Lead-Based Paint Hazard Reduction Act of 1992 (42
            U.S.C. 4854, 4854a);
                (4) Up to $2,000,000 in total of the amounts made available
            under paragraphs (2) and (3) may be transferred to the heading
            ``Research and Technology'' for the purposes of conducting
            research and studies and for use in accordance with the provisos
            under that heading for non-competitive agreements;
                (5) $25,000,000 shall be for a lead-risk assessment
            demonstration for public housing agencies to conduct lead hazard
            screenings or lead-risk assessments during housing quality

    [[Page 136 STAT. 752]]

            standards inspections of units in which a family receiving
            assistance under section 8(o) of the U.S. Housing Act of 1937
            (42 U.S.C. 1437f(o)) resides or expects to reside, and has or
            expects to have a child under age 6 residing in the unit, while
            preserving rental housing availability and affordability; and
                (6) $5,000,000 shall be for grants for a radon testing and
            mitigation safety demonstration program (the radon
            demonstration) in public housing:  Provided, That the testing
            method, mitigation method, or action level used under the radon
            demonstration shall be as specified by applicable state or local
            law, if such law is more protective of human health or the
            environment than the method or level specified by the Secretary:

      Provided further, That for purposes of environmental review, pursuant
    to the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
    seq.) and other provisions of law that further the purposes of such Act,
    a grant under the Healthy Homes Initiative, or the Lead Technical
    Studies program, or other demonstrations or programs under this heading
    or under prior appropriations Acts for such purposes under this heading,
    or under the heading ``Housing for the Elderly'' under prior
    Appropriations Acts, shall be considered to be funds for a special
    project for purposes of section 305(c) of the Multifamily Housing
    Property Disposition Reform Act of 1994:  Provided
    further, <<NOTE: Certification. Notice.>>  That each applicant for a
    grant or cooperative agreement under this heading shall certify adequate
    capacity that is acceptable to the Secretary to carry out the proposed
    use of funds pursuant to a notice of funding opportunity:  Provided
    further, That amounts made available under this heading, except for
    amounts in paragraphs (2)(B) for home modification repairs and
    renovations, in this or prior appropriations Acts, still remaining
    available, may be used for any purpose under this heading
    notwithstanding the purpose for which such amounts were appropriated if
    a program competition is undersubscribed and there are other program
    competitions under this heading that are oversubscribed.

                           Information Technology Fund

        For Department-wide and program-specific information technology
    systems and infrastructure, $323,200,000, to remain available until
    September 30, 2024, of which up to $40,000,000 shall be for development,
    modernization, and enhancement projects, including planning for such
    projects:  Provided, <<NOTE: Plan.>>  That not more than 10 percent of
    the funds made available under this heading for development,
    modernization, and enhancement may be obligated until the Secretary
    submits and the House and Senate Committees on Appropriations approve a
    plan that--
                (1) identifies for each development, modernization, and
            enhancement project to be funded from available balances,
            including carryover--
                        (A) plain language summaries of the project scope;
                        (B) the estimated total project cost; and
                        (C) key milestones to be met; and
                (2) identifies for each major modernization project--
                        (A) the functional and performance capabilities to
                    be delivered and the mission benefits to be realized;
                        (B) the estimated life-cycle cost;

    [[Page 136 STAT. 753]]

    [[Page 136STAT. 754]]

    [[Page 136 STAT. 755]]

    [[Page 136 STAT. 756]]

    [[Page 136 STAT. 757]]

    [[Page 136 STAT. 758]]

    [[Page 136 STAT. 759]]

    [[Page 136 STAT. 760]]

    [[Page 136 STAT. 761]]

    [[Page 136 STAT. 762]]

    [[Page 136 STAT. 763]]

    [[Page 136 STAT. 764]]

    [[Page 136 STAT. 765]]

    [[Page 136 STAT. 766]]

    [[Page 136 STAT. 767]]

    [[Page 136 STAT. 768]]

    [[Page 136 STAT. 769]]

    [[Page 136 STAT. 770]]

    [[Page 136 STAT. 771]]

    [[Page 136 STAT. 772]]

    [[Page 136 STAT. 773]]

    [[Page 136 STAT. 774]]

    [[Page 136 STAT. 775]]

    [[Page 136 STAT. 776]]

    [[Page 136 STAT. 777]]

    [[Page 136 STAT. 778]]

    [[Page 136 STAT. 779]]

    [[Page 136 STAT. 780]]

    [[Page 136 STAT. 781]]

    [[Page 136 STAT. 782]]

    [[Page 136 STAT. 783]]

    [[Page 136 STAT. 784]]

    [[Page 136 STAT. 785]]

    [[Page 136 STAT. 786]]

    [[Page 136 STAT. 787]]

    [[Page 136 STAT. 788]]

    [[Page 136 STAT. 789]]

    [[Page 136 STAT. 790]]

                        (A) In general.--As a condition for continuing to
                    market a product described in paragraph (1) after the
                    60-dayperiod specified in such paragraph, during the 30-
                    day period beginning on the effective date specified in
                    subsection (c), the manufacturer shall submit a new
                    tobacco product application under section 910(b) of the
                    Federal Food, Drug, and Cosmetic Act (21 U.S.C. 387j(b))
                    with respect to such product.
                        (B) Transition period.--Except as provided in
                    subparagraph (C), with respect to a tobacco product for
                    which an application is submitted as described in
                    subparagraph (A), the manufacturer of such product may
                    continue to market such product during the 90-day period
                    beginning on the effective date specified in subsection
                    (c).
                        (C) Exception.--If the Secretary of Health and Human
                    Services previously denied an application under section
                    910(c)(2) of the Federal Food, Drug, and Cosmetic Act
                    (21 U.S.C. 387j(c)(2)), refused to file an application
                    under section 910(b) of such Act, or withdrew an order
                    under section 910(d) of such Act for a previous version
                    of a tobacco product that used nicotine made or derived
                    from tobacco, such product is not eligible for continued
                    marketing under subparagraph (B).
                (3) End of transition period.--Beginning on the date that is
            90 days after the effective date specified in subsection (c), a
            tobacco product described in paragraph (1) (including such a
            tobacco product that is the subject of a pending application
            under section 910 of the Federal Food, Drug, and Cosmetic Act
            (21 U.S.C. 387j)) is in violation of such section 910 if such
            tobacco product does not have an order in effect under
            subsection (c)(1)(A)(i) of such section.

        (e) <<NOTE: Effective date. Definition. 21 USC 321 note.>>
    Applicability of Existing Requirements for Tobacco Products.--Effective
    30 days after the date of enactment of this Act, with respect to any
    regulation promulgated or related guidance issued, in whole or part,
    under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.)
    before the date that is 30 days after such date of enactment, the term
    ``tobacco product'' shall have the meaning of, and shall be deemed
    amended to reflect the meaning of, such term as defined in section
    201(rr) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(rr)),
    as amended by subsection (a). Products that are tobacco products under
    such section 201(rr), as so amended, shall be subject to all
    requirements of regulations for tobacco products.
    The <<NOTE: Notice. Federal Register, publication.>>  Secretary of
    Health and Human Services shall publish a notice in the Federal Register
    to update the Code of Federal Regulations to reflect such deemed
    amendment to existing regulations and guidance.

        (f) Technical Achievability.--Section 907(b)(1) of the Federal Food,
    Drug, and Cosmetic Act (21 U.S.C. 387g(b)(1)) is amended by inserting
    before the period at the end the following: ``, including with regard to
    any differences related to the technical achievability of compliance
    with such standard for products in the same class containing nicotine
    not made or derived from tobacco and products containing nicotine made
    or derived from tobacco''.
    SEC. 112. <<NOTE: 21 USC 387v.>>  REPORTING ON TOBACCO REGULATION
                            ACTIVITIES.

        (a) In General.--For fiscal year 2022 and each subsequent fiscal
    year for which fees are collected under section 919 of the

    [[Page 136 STAT. 791]]

    Federal Food, Drug, and Cosmetic Act (21 U.S.C. 387s), the Secretary of
    Health and Human Services shall, not later than 180 days after the end
    of the fiscal year, prepare and submit to the Committee on Energy and
    Commerce and the Committee on Appropriations of the House of
    Representatives, and the Committee on Health, Education, Labor, and
    Pensions and the Committee on Appropriations of the Senate, an annual
    report that contains the information required under subsection (b).
        (b) Required Information.--Each report submitted under subsection
    (a) shall contain the following information for the previous fiscal
    year:
                (1) Total annual user fee collections.
                (2) Total amount of fees obligated.
                (3) The amount of unobligated carryover balance from fees
            collected.
                (4) The amount obligated by the Center for Tobacco Products
            for each of the following activities:
                        (A) Compliance and enforcement.
                        (B) Public education campaigns.
                        (C) Scientific research and research infrastructure.
                        (D) Communications.
                        (E) Leadership, management oversight, and
                    administrative services.
                        (F) Related overhead activities.
                (5) The numbers of applications, categorized by class of
            tobacco product and review pathway under sections 905, 910, and
            911 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 387e;
            387j; 387k), that were--
                        (A) submitted;
                        (B) pending;
                        (C) accepted;
                        (D) refused to file;
                        (E) withdrawn;
                        (F) denied;
                        (G) authorized for marketing under an order;
                        (H) issued a deficiency letter or environmental
                    information request letter; or
                        (I) referred to the Tobacco Products Scientific
                    Advisory Committee.
                (6) The number and titles of draft and final guidance
            documents and proposed and final regulations issued on topics
            related to the process for the review of tobacco product
            applications, whether such regulations and guidance documents
            were issued as required by statute or by other legal or
            regulatory requirements, and whether the issuance met the
            deadlines set forth by the applicable statute or other
            requirements.
                (7) The number and titles of public meetings related to the
            review of tobacco product applications by the Center for Tobacco
            Products or other offices or centers within the Food and Drug
            Administration.
                (8) The number of pre-submission meetings relating to
            applications under section 910 of the Federal Food, Drug, and
            Cosmetic Act (21 U.S.C. 387j), including the number of meeting
            requests received, the number of meetings held, and the median
            amount of time between when such meeting requests were made and
            when the requests were granted or denied.

    [[Page 136 STAT. 792]]

                (9) The number of full-time equivalent employees funded
            pursuant to fees collected under section 919 of the Federal
            Food, Drug, and Cosmetic Act (21 U.S.C. 387s), including
            identification of the centers and offices within the Food and
            Drug Administration in which such positions are located.
                (10) The number of inspections and investigations conducted
            at domestic and foreign establishments required to register
            under section 905 of the Federal Food, Drug, and Cosmetic Act
            (21 U.S.C. 387e).
                (11) The total number of compliance and enforcement actions
            issued or taken with respect to tobacco products, including
            warning letters, civil money penalties, no-tobacco-sale orders,
            and other enforcement actions (including seizures, injunctions,
            and criminal prosecution).

        (c) <<NOTE: Web posting.>>  Public Availability.--The Secretary of
    Health and Human Services shall make the reports required under this
    section available to the public on the website of the Food and Drug
    Administration.

        (d) <<NOTE: Estimates.>>  Limitations.--Reporting under this section
    shall include best estimates for any reporting category for which the
    Food and Drug Administration does not have precise calculations.
    Such <<NOTE: Updates. Procedures.>>  best estimates shall be accompanied
    with an explanatory statement for why the Food and Drug Administration
    does not have access to, or cannot calculate, the exact figure and a
    date by which the Food and Drug Administration will update its internal
    accounting procedures to allow for such reporting. If a category is
    successfully reported by the Food and Drug Administration with regard to
    another type of user fee but is provided a best estimate by the Center
    for Tobacco Products, the explanatory statement shall include
    information regarding how the Food and Drug Administration will align
    systems and apply learning across the agency to allow for accurate
    reporting.

                        Subtitle C--Drug Discount Program

    SEC. 121. <<NOTE: 42 USC 256b note.>>  ELIGIBILITY EXCEPTION FOR
                            THE DRUG DISCOUNT PROGRAM DUE TO THE
                            COVID-19 PUBLIC HEALTH EMERGENCY.

        (a) <<NOTE: Time periods.>>  In General.--Notwithstanding any other
    provision of law, in the case of a hospital described in subsection (b)
    that, with respect to cost reporting periods that begin during fiscal
    year 2020 or a subsequent fiscal year, but do not end after December 31,
    2022, does not meet the applicable requirement for the disproportionate
    share adjustment percentage described in subsection (c) by reason of the
    COVID-19 public health emergency, but otherwise meets the requirements
    for being a covered entity under subparagraph (L), (M), or (O) of
    subsection (a)(4) of section 340B of the Public Health Service Act (42
    U.S.C. 256b) and is in compliance with all other requirements of the
    program under such section, shall be deemed a covered entity for
    purposes of such section for the period--
                (1) beginning on the date of the enactment of this Act (or,
            if later, with the first of such cost reporting periods for
            which the hospital does not so meet such applicable requirement
            for the disproportionate share adjustment percentage, but
            otherwise meets all other such requirements for being such a
            covered entity and of such program); and

    [[Page 136 STAT. 793]]

                (2) ending with the last of such cost reporting periods
            (ending not later than December 31, 2022) for which the hospital
            does not so meet such applicable requirement for the
            disproportionate share adjustment percentage, but otherwise
            meets all other such requirements for being such a covered
            entity and of such program.

        (b) Hospitals.--A hospital described in this subsection is an entity
    that, on the day before the first day of the COVID-19 public health
    emergency, was a covered entity described in subparagraph (L), (M), or
    (O) of subsection (a)(4) of section 340B of the Public Health Service
    Act participating in the drug discount program under such section.
        (c) Applicable Requirement for Disproportionate Share Adjustment
    Percentage.--The applicable requirement for the disproportionate share
    adjustment percentage described in this subsection is--
                (1) in the case of a hospital described in subsection (a)
            that otherwise meets the requirements under subparagraph (L) or
            (M) of section 340B(a)(4) of the Public Health Service Act, the
            requirement under subparagraph (L)(ii) of such section; and
                (2) in the case of a hospital described in subsection (a)
            that otherwise meets the requirements under subparagraph (O) of
            such section 340B(a)(4), the requirement with respect to the
            disproportionate share adjustment percentage described in such
            subparagraph (O).

        (d) Self-attestation.--
                (1) <<NOTE: Deadlines.>>  In general.--A hospital described
            in subsection (a) that fails to meet the applicable requirement
            for the disproportionate share adjustment percentage described
            in subsection (c) shall, within 30 days of such failure, or in
            the case of a hospital where such failure occurred prior to the
            date of enactment of this Act but after the start of the COVID-
            19 public health emergency, within 30 days of the date of
            enactment, provide to the Secretary of Health and Human Services
            an attestation that contains information on any actions taken by
            or other impact on such hospital in response to or as a result
            of the COVID-19 public health emergency that may have impacted
            the ability to meet the applicable requirement for the
            disproportionate share adjustment percentage described in
            subsection (c).
                (2) Paperwork reduction act.--Chapter 35 of title 44, United
            States Code, shall not apply to the collection of information
            provided pursuant to this subsection.

        (e) Definitions.--In this section:
                (1) Covered entity.--The term ``covered entity'' has the
            meaning given such term in section 340B(a)(4) of the Public
            Health Service Act (42 U.S.C. 256b(a)(4)).
                (2) Covid-19 public health emergency.--The term ``COVID-19
            public health emergency'' means the public health emergency
            declared by the Secretary of Health and Human Services under
            section 319 of the Public Health Service Act (42 U.S.C. 247d) on
            January 31, 2020, with respect to COVID-19 (or any renewal of
            such declaration).

    [[Page 136 STAT. 794]]

                 Subtitle D--Maternal Health Quality Improvement

                 CHAPTER 1--IMPROVEMENTS TO MATERNAL HEALTH CARE

    SEC. 131. INNOVATION FOR MATERNAL HEALTH.

        Title III of the Public Health Service Act (42 U.S.C. 241 et seq.)
    is amended by inserting after section 330N of such Act, the following:
    ``SEC. 330O. <<NOTE: 42 USC 254c-21.>>  INNOVATION FOR MATERNAL
                              HEALTH.

        ``(a) <<NOTE: Consultation. Grants.>>  In General.--The Secretary,
    in consultation with experts representing a variety of clinical
    specialties, State, Tribal, or local public health officials,
    researchers, epidemiologists, statisticians, and community
    organizations, shall establish or continue a program to award
    competitive grants to eligible entities for the purpose of--
                ``(1) identifying, developing, or disseminating best
            practices to improve maternal health care quality and outcomes,
            improve maternal and infant health, and eliminate preventable
            maternal mortality and severe maternal morbidity, which may
            include--
                        ``(A) information on evidence-based practices to
                    improve the quality and safety of maternal health care
                    in hospitals and other health care settings of a State
                    or health care system by addressing topics commonly
                    associated with health complications or risks related to
                    prenatal care, labor care, birthing, and postpartum
                    care;
                        ``(B) best practices for improving maternal health
                    care based on data findings and reviews conducted by a
                    State maternal mortality review committee that address
                    topics of relevance to common complications or health
                    risks related to prenatal care, labor care, birthing,
                    and postpartum care; and
                        ``(C) information on addressing determinants of
                    health that impact maternal health outcomes for women
                    before, during, and after pregnancy;
                ``(2) collaborating with State maternal mortality review
            committees to identify issues for the development and
            implementation of evidence-based practices to improve maternal
            health outcomes and reduce preventable maternal mortality and
            severe maternal morbidity, consistent with section 317K;
                ``(3) providing technical assistance and supporting the
            implementation of best practices identified in paragraph (1) to
            entities providing health care services to pregnant and
            postpartum women; and
                ``(4) <<NOTE: Evaluation.>>  identifying, developing, and
            evaluating new models of care that improve maternal and infant
            health outcomes, which may include the integration of community-
            based services and clinical care.

        ``(b) Eligible Entities.--To be eligible for a grant under
    subsection (a), an entity shall--

    [[Page 136 STAT. 795]]

                ``(1) <<NOTE: Application.>>  submit to the Secretary an
            application at such time, in such manner, and containing such
            information as the Secretary may require; and
                ``(2) demonstrate in such application that the entity is
            capable of carrying out data-driven maternal safety and quality
            improvement initiatives in the areas of obstetrics and
            gynecology or maternal health.

        ``(c) Report.--Not later than September 30, 2025, and every 2 years
    thereafter, the Secretary shall submit a report to Congress on the
    practices described in paragraphs (1) and (2) of subsection (a). Such
    report shall include a description of the extent to which such practices
    reduced preventable maternal mortality and severe maternal morbidity,
    and whether such practices improved maternal and infant health. The
    Secretary shall disseminate information on such practices, as
    appropriate.
        ``(d) Authorization of Appropriations.--To carry out this section,
    there are authorized to be appropriated $9,000,000 for each of fiscal
    years 2023 through 2027.''.
    SEC. 132. TRAINING FOR HEALTH CARE PROVIDERS.

        Title VII of the Public Health Service Act is amended by striking
    section 763 (42 U.S.C. 294p) and inserting the following:
    ``SEC. 763. <<NOTE: 42 USC 294p.>>  TRAINING FOR HEALTH CARE
                            PROVIDERS.

        ``(a) Grant Program.--The Secretary shall establish a program to
    award grants to accredited schools of allopathic medicine, osteopathic
    medicine, and nursing, and other health professional training programs
    for the training of health care professionals to improve the provision
    of prenatal care, labor care, birthing, and postpartum care for racial
    and ethnic minority populations, including with respect to perceptions
    and biases that may affect the approach to, and provision of, care.
        ``(b) <<NOTE: Application.>>  Eligibility.--To be eligible for a
    grant under subsection (a), an entity described in such subsection shall
    submit to the Secretary an application at such time, in such manner, and
    containing such information as the Secretary may require.

        ``(c) Reporting Requirements.--
                ``(1) Periodic grantee reports.--Each entity awarded a grant
            under this section shall periodically submit to the Secretary a
            report on the status of activities conducted using the grant,
            including a description of the impact of such training on
            patient outcomes, as applicable.
                ``(2) Report to congress.--Not later than September 30,
            2026, the Secretary shall submit a report to Congress on the
            activities conducted using grants under subsection (a) and any
            best practices identified and disseminated under subsection (d).

        ``(d) Best Practices.--The Secretary may identify and disseminate
    best practices for the training described in subsection (a).
        ``(e) Authorization of Appropriations.--To carry out this section,
    there are authorized to be appropriated $5,000,000 for each of fiscal
    years 2023 through 2027.''.
    SEC. 133. <<NOTE: Contracts. Recommenda- tions.>>  STUDY ON
                            IMPROVING TRAINING FOR HEALTH CARE
                            PROVIDERS.

        Not later than 2 years after date of enactment of this Act, the
    Secretary of Health and Human Services shall, through a contract with an
    independent research organization, conduct a study

    [[Page 136 STAT. 796]]

    and make recommendations for accredited schools of allopathic medicine,
    osteopathic medicine, and nursing, and other health professional
    training programs on best practices related to training to improve the
    provision of prenatal care, labor care, birthing, and postpartum care
    for racial and ethnic minority populations, including with respect to
    perceptions and biases that may affect the approach to, and provision
    of, care.
    SEC. 134. INTEGRATED SERVICES FOR PREGNANT AND POSTPARTUM WOMEN.

        (a) Grants.--Title III of the Public Health Service Act (42 U.S.C.
    241 et seq.) is amended by inserting after section 330O of such Act, as
    added by section 131, the following:
    ``SEC. 330P. <<NOTE: 42 USC 254c-22.>>  INTEGRATED SERVICES FOR
                              PREGNANT AND POSTPARTUM WOMEN.

        ``(a) <<NOTE: Grants.>>  In General.--The Secretary may award grants
    for the purpose of establishing or operating evidence-based or
    innovative, evidence-informed programs to deliver integrated health care
    services to pregnant and postpartum women to optimize the health of
    women and their infants, including to reduce adverse maternal health
    outcomes, pregnancy-related deaths, and related health disparities
    (including such disparities associated with racial and ethnic minority
    populations), and, as appropriate, by addressing issues researched under
    subsection (b)(2) of section 317K.

        ``(b) Integrated Services for Pregnant and Postpartum Women.--
                ``(1) Eligibility.--To be eligible to receive a grant under
            subsection (a), a State, Indian Tribe, or Tribal organization
            (as such terms are defined in section 4 of the Indian Self-
            Determination and Education Assistance Act) shall work with
            relevant stakeholders that coordinate care to develop and carry
            out the program, including--
                        ``(A) State, Tribal, and local agencies responsible
                    for Medicaid, public health, social services, mental
                    health, and substance use disorder treatment and
                    services;
                        ``(B) health care providers who serve pregnant and
                    postpartum women; and
                        ``(C) community-based health organizations and
                    health workers, including providers of home visiting
                    services and individuals representing communities with
                    disproportionately high rates of maternal mortality and
                    severe maternal morbidity, and including those
                    representing racial and ethnic minority populations.
                ``(2) Terms.--
                        ``(A) Period.--A grant awarded under subsection (a)
                    shall be made for a period of 5 years. Any supplemental
                    award made to a grantee under subsection (a) may be made
                    for a period of less than 5 years.
                        ``(B) Priorities.--In awarding grants under
                    subsection (a), the Secretary shall--
                              ``(i) give priority to States, Indian Tribes,
                          and Tribal organizations that have the highest
                          rates of maternal mortality and severe maternal
                          morbidity relative to other such States, Indian
                          Tribes, or Tribal organizations, respectively; and
                              ``(ii) shall consider health disparities
                          related to maternal mortality and severe maternal
                          morbidity,

    [[Page 136 STAT. 797]]

                          including such disparities associated with racial
                          and ethnic minority populations.
                        ``(C) Evaluation.--The Secretary shall require
                    grantees to evaluate the outcomes of the programs
                    supported under the grant.

        ``(c) Authorization of Appropriations.--There are authorized to be
    appropriated to carry out this section $10,000,000 for each of fiscal
    years 2023 through 2027.''.
        (b) Report on Grant Outcomes and Dissemination of Best Practices.--
                (1) Report.--Not later than February 1, 2027, the Secretary
            of Health and Human Services shall submit to the Committee on
            Health, Education, Labor, and Pensions of the Senate and the
            Committee on Energy and Commerce of the House of Representatives
            a report that describes--
                        (A) the outcomes of the activities supported by the
                    grants awarded under the amendments made by this section
                    on maternal and child health;
                        (B) best practices and models of care used by
                    recipients of grants under such amendments; and
                        (C) obstacles identified by recipients of grants
                    under such amendments, and strategies used by such
                    recipients to deliver care, improve maternal and child
                    health, and reduce health disparities.
                (2) <<NOTE: Deadline. 42 USC 254c-22 note.>>  Dissemination
            of best practices.--Not later than August 1, 2027, the Secretary
            of Health and Human Services shall disseminate information on
            best practices and models of care used by recipients of grants
            under the amendments made by this section (including best
            practices and models of care relating to the reduction of health
            disparities, including such disparities associated with racial
            and ethnic minority populations, in rates of maternal mortality
            and severe maternal morbidity) to relevant stakeholders, which
            may include health providers, medical schools, nursing schools,
            relevant State, Tribal, and local agencies, and the general
            public.
    SEC. 135. <<NOTE: 42 USC 245 note.>>  MATERNAL VACCINATION
                            AWARENESS.

        In carrying out the public awareness initiative related to
    vaccinations pursuant to section 313 of the Public Health Service Act
    (42 U.S.C. 245), the Secretary of Health and Human Services shall take
    into consideration the importance of increasing awareness and knowledge
    of the safety and effectiveness of vaccines to prevent disease in
    pregnant and postpartum women and in infants and the need to improve
    vaccination rates in communities and populations with low rates of
    vaccination.

        CHAPTER 2--RURAL MATERNAL AND OBSTETRIC MODERNIZATION OF SERVICES

    SEC. 141. IMPROVING RURAL MATERNAL AND OBSTETRIC CARE DATA.

        (a) Maternal Mortality and Morbidity Activities.--Section 301(e) of
    the Public Health Service Act (42 U.S.C. 241) is amended by inserting
    ``, preventable maternal mortality and severe maternal morbidity,''
    after ``delivery''.
        (b) Office of Women's Health.--Section 310A(b)(1) of the Public
    Health Service Act (42 U.S.C. 242s(b)(1)) is amended by striking ``and
    sociocultural contexts,'' and inserting ``sociocultural

    [[Page 136 STAT. 798]]

    (including among American Indians, Native Hawaiians, and Alaska
    Natives), and geographical contexts,''.
        (c) Safe Motherhood.--Section 317K of the Public Health Service Act
    (42 U.S.C. 247b-12) is amended--
                (1) in subsection (a)(2)(A), by inserting ``, including
            improving disaggregation of data (in a manner consistent with
            applicable State and Federal privacy laws)'' before the period;
            and
                (2) in subsection (b)(2)--
                        (A) in subparagraph (L), by striking ``and'' at the
                    end;
                        (B) by redesignating subparagraph (M) as
                    subparagraph (N); and
                        (C) by inserting after subparagraph (L) the
                    following:
                        ``(M) an examination of the relationship between
                    maternal health and obstetric services in rural areas
                    and outcomes in delivery and postpartum care; and''.

        (d) Office of Research on Women's Health.--Section 486(d)(4)(A)(iv)
    of the Public Health Service Act (42 U.S.C. 287d(d)(4)(A)(iv)) is
    amended by inserting ``, including preventable maternal mortality and
    severe maternal morbidity'' before the semicolon.
    SEC. 142. RURAL OBSTETRIC NETWORK GRANTS.

        The Public Health Service Act is amended by inserting after section
    330A-1 of such Act (42 U.S.C. 254c-1a) the following:
    ``SEC. 330A-2. <<NOTE: Contracts. 42 USC 254c-1b.>>  RURAL
                                  OBSTETRIC NETWORK GRANTS.

        ``(a) Program Established.--The Secretary shall award grants or
    cooperative agreements to eligible entities to establish collaborative
    improvement and innovation networks (referred to in this section as
    `rural obstetric networks') to improve maternal and infant health
    outcomes and reduce preventable maternal mortality and severe maternal
    morbidity by improving maternity care and access to care in rural areas,
    frontier areas, maternity care health professional target areas, or
    jurisdictions of Indian Tribes and Tribal organizations.
        ``(b) Use of Funds.--Grants or cooperative agreements awarded
    pursuant to this section shall be used for the establishment or
    continuation of collaborative improvement and innovation networks to
    improve maternal and infant health outcomes and reduce preventable
    maternal mortality and severe maternal morbidity by improving prenatal
    care, labor care, birthing, and postpartum care services in rural areas.
    Rural obstetric networks established in accordance with this section
    may--
                ``(1) develop a network to improve coordination and increase
            access to maternal health care and assist pregnant women in the
            areas described in subsection (a) with accessing and utilizing
            prenatal care, labor care, birthing, and postpartum care
            services to improve outcomes in birth and maternal mortality and
            morbidity;
                ``(2) identify and implement evidence-based and sustainable
            delivery models for providing prenatal care, labor care,
            birthing, and postpartum care services, including home visiting
            programs and culturally appropriate care models that reduce
            health disparities;
                ``(3) develop a model for maternal health care collaboration
            between health care settings to improve access to care in areas

    [[Page 136 STAT. 799]]

            described in subsection (a), which may include the use of
            telehealth;
                ``(4) provide training for professionals in health care
            settings that do not have specialty maternity care;
                ``(5) collaborate with academic institutions that can
            provide regional expertise and help identify barriers to
            providing maternal health care, including strategies for
            addressing such barriers; and
                ``(6) <<NOTE: Assessment.>>  assess and address disparities
            in infant and maternal health outcomes, including among racial
            and ethnic minority populations and underserved populations in
            such areas described in subsection (a).

        ``(c) Definitions.--In this section:
                ``(1) Eligible entities.--The term `eligible entities' means
            entities providing prenatal care, labor care, birthing, and
            postpartum care services in rural areas, frontier areas, or
            medically underserved areas, or to medically underserved
            populations or Indian Tribes or Tribal organizations.
                ``(2) Frontier area.--The term `frontier area' means a
            frontier county, as defined in section 1886(d)(3)(E)(iii)(III)
            of the Social Security Act.
                ``(3) Indian tribes; tribal organization.--The terms `Indian
            Tribe' and `Tribal organization' have the meanings given the
            terms `Indian tribe' and `tribal organization' in section 4 of
            the Indian Self-Determination and Education Assistance Act.
                ``(4) Maternity care health professional target area.--The
            term `maternity care health professional target area' has the
            meaning described in section 332(k)(2).

        ``(d) Report to Congress.--Not later than September 30, 2026, the
    Secretary shall submit to Congress a report on activities supported by
    grants awarded under this section, including--
                ``(1) a description of activities conducted pursuant to
            paragraphs (1) through (6) of subsection (b); and
                ``(2) <<NOTE: Analysis.>>  an analysis of the effects of
            rural obstetric networks on improving maternal and infant health
            outcomes.

        ``(e) Authorization of Appropriations.--There are authorized to be
    appropriated to carry out this section $3,000,000 for each of fiscal
    years 2023 through 2027.''.
    SEC. 143. TELEHEALTH NETWORK AND TELEHEALTH RESOURCE CENTERS GRANT
                            PROGRAMS.

        Section 330I of the Public Health Service Act (42 U.S.C. 254c-14) is
    amended--
                (1) in subsection (f)(3), by adding at the end the
            following:
                        ``(M) Providers of prenatal, labor care, birthing,
                    and postpartum care services, including hospitals that
                    operate obstetric care units.''; and
                (2) in subsection (h)(1)(B), by striking ``or prenatal care
            for high-risk pregnancies'' and inserting ``prenatal care, labor
            care, birthing care, or postpartum care''.
    SEC. 144. RURAL MATERNAL AND OBSTETRIC CARE TRAINING
                            DEMONSTRATION.

        Subpart 1 of part E of title VII of the Public Health Service Act
    (42 U.S.C. 294n et seq.) is amended by adding at the end the following:

    [[Page 136 STAT. 800]]

    ``SEC. 764. <<NOTE: Grants. 42 USC 294s.>>  RURAL MATERNAL AND
                            OBSTETRIC CARE TRAINING DEMONSTRATION.

        ``(a) In General.--The Secretary shall award grants to accredited
    schools of allopathic medicine, osteopathic medicine, and nursing, and
    other appropriate health professional training programs, to establish a
    training demonstration program to support--
                ``(1) training for physicians, medical residents, fellows,
            nurse practitioners, physician assistants, nurses, certified
            nurse midwives, relevant home visiting workforce professionals
            and paraprofessionals, or other professionals who meet relevant
            State training and licensing requirements, as applicable, to
            reduce preventable maternal mortality and severe maternal
            morbidity by improving prenatal care, labor care, birthing, and
            postpartum care in rural community-based settings; and
                ``(2) developing recommendations for such training programs.

        ``(b) Application.--To be eligible to receive a grant under
    subsection (a), an entity shall submit to the Secretary an application
    at such time, in such manner, and containing such information as the
    Secretary may require.
        ``(c) Activities.--
                ``(1) Training for health care professionals.-- A recipient
            of a grant under subsection (a)--
                        ``(A) shall use the grant funds to plan, develop,
                    and operate a training program to provide prenatal care,
                    labor care, birthing, and postpartum care in rural
                    areas; and
                        ``(B) may use the grant funds to provide additional
                    support for the administration of the program or to meet
                    the costs of projects to establish, maintain, or improve
                    faculty development, or departments, divisions, or other
                    units necessary to implement such training.
                ``(2) Training program requirements.--The recipient of a
            grant under subsection (a) shall ensure that training programs
            carried out under the grant are evidence-based and address
            improving prenatal care, labor care, birthing, and postpartum
            care in rural areas, and such programs may include training on
            topics such as--
                        ``(A) maternal mental health, including perinatal
                    depression and anxiety;
                        ``(B) substance use disorders;
                        ``(C) social determinants of health that affect
                    individuals living in rural areas; and
                        ``(D) improving the provision of prenatal care,
                    labor care, birthing, and postpartum care for racial and
                    ethnic minority populations, including with respect to
                    perceptions and biases that may affect the approach to,
                    and provision of, care.

        ``(d) Evaluation and Report.--
                ``(1) Evaluation.--
                        ``(A) In general.--The Secretary shall evaluate the
                    outcomes of the demonstration program under this
                    section.
                        ``(B) Data submission.--Recipients of a grant under
                    subsection (a) shall submit to the Secretary performance
                    metrics and other related data in order to evaluate the
                    program for the report described in paragraph (2).
                ``(2) <<NOTE: Analyses.>>  Report to congress.--Not later
            than January 1, 2026, the Secretary shall submit to Congress a
            report that includes--

    [[Page 136 STAT. 801]]

                        ``(A) an analysis of the effects of the
                    demonstration program under this section on the quality,
                    quantity, and distribution of maternal health care
                    services, including prenatal care, labor care, birthing,
                    and postpartum care services, and the demographics of
                    the recipients of those services;
                        ``(B) an analysis of maternal and infant health
                    outcomes (including quality of care, morbidity, and
                    mortality) before and after implementation of the
                    program in the communities served by entities
                    participating in the demonstration; and
                        ``(C) <<NOTE: Recommenda- tions.>>  recommendations
                    on whether the demonstration program should be
                    continued.

        ``(e) Authorization of Appropriations.--There are authorized to be
    appropriated to carry out this section $5,000,000 for each of fiscal
    years 2023 through 2027.''.

                    Subtitle E--Fentanyl Scheduling Extension

    SEC. 151. EXTENSION OF TEMPORARY ORDER FOR FENTANYL-RELATED
                            SUBSTANCES.

        Effective <<NOTE: Effective date.>>  as if included in the enactment
    of the Temporary Reauthorization and Study of the Emergency Scheduling
    of Fentanyl Analogues Act (Public Law 116-114), section 2 of such
    Act <<NOTE: Ante, p. 33.>>  is amended by striking ``March 15, 2022''
    and inserting ``December 31, 2022''.

                        Subtitle F--Drug-Free Communities

    SEC. 161. <<NOTE: 21 USC 1532 note.>>  WAIVER OF FEDERAL FUND
                            LIMITATION FOR THE DRUG-FREE COMMUNITIES
                            SUPPORT PROGRAM.

        (a) <<NOTE: Determination.>>  In General.--Subject to subsection
    (b), if the Administrator of the Drug-Free Communities Support Program
    determines that, as a result of the public health emergency declared
    pursuant to section 319 of the Public Health Service Act (42 U.S.C.
    247d) with respect to COVID-19, an eligible coalition is unable to raise
    the amount of non-Federal funds, including in-kind contributions, agreed
    to be raised by the coalition for fiscal year 2020, 2021, or 2022 under
    an agreement entered into with the Administrator pursuant to paragraph
    (1)(A) or (3) of section 1032(b) of the Anti-Drug Abuse Act of 1988 (21
    U.S.C. 1532(b)), the Administrator may, notwithstanding such paragraphs,
    provide to the eligible coalition the grant or renewal grant, as
    applicable, for that fiscal year only in an amount--
                (1) with respect to an initial grant or renewal grant
            described under paragraph (1)(A) or (3)(A) of such section, that
            exceeds the amount of non-Federal funds raised by the eligible
            coalition, including in-kind contributions, for that fiscal
            year;
                (2) with respect to a renewal grant described under
            paragraph (3)(D)(i) of such section, that exceeds 125 percent of
            the amount of non-Federal funds raised by the eligible
            coalition, including in-kind contributions, for that fiscal
            year; and
                (3) with respect to a renewal grant described under
            paragraph (3)(D)(ii) of such section, that exceeds 150 percent
            of

    [[Page 136 STAT. 802]]

            the amount of non-Federal funds raised by the eligible
            coalition, including in-kind contributions, for that fiscal
            year.

        (b) Limitation.--The Administrator may not provide a grant or
    renewal grant to an eligible coalition in an amount exceeding the amount
    of funds initially agreed to be provided by the Administrator under the
    applicable agreement.

                               TITLE II--MEDICAID

    SEC. 201. CERTAIN MEDICAID EXTENSIONS FOR TERRITORIES.

        (a) Extending Increased FMAP.--Section 1905(ff) of the Social
    Security Act (42 U.S.C. 1396d(ff)) is amended--
                (1) in paragraph (2), by inserting ``and for the period
            beginning January 1, 2022, and ending December 13, 2022'' after
            ``and ending December 3, 2021,'' and
                (2) in paragraph (3), by striking ``March 11, 2022'' and
            inserting ``December 13, 2022''.

        (b) Extending Additional Increase for Puerto Rico.--Section 1108(g)
    of the Social Security Act (42 U.S.C. 1308(g)) is amended by adding at
    the end the following new paragraph:
                ``(10) Additional increase for puerto rico for fiscal year
            2022.--
                        ``(A) <<NOTE: Certification. Reimbursement. Plan.>>
                    In general.--Notwithstanding the preceding provisions of
                    this subsection, the total amount certified for Puerto
                    Rico for fiscal year 2022 under this subsection shall be
                    increased by $200,000,000 if the Secretary certifies
                    that, with respect to such fiscal year, Puerto Rico's
                    State plan under title XIX (or a waiver of such plan)
                    establishes a reimbursement floor, implemented through a
                    directed payment arrangement plan, for physician
                    services that are covered under the Medicare part B fee
                    schedule in the Puerto Rico locality established under
                    section 1848(b) that is not less than 70 percent of the
                    payment that would apply to such services if they were
                    furnished under part B of title XVIII during such fiscal
                    year.
                        ``(B) Application to managed care.--In certifying
                    whether Puerto Rico has established a reimbursement
                    floor under a directed payment arrangement plan that
                    satisfies the requirements of subparagraph (A) for
                    fiscal year 2022, the Secretary shall--
                              ``(i) disregard payments made under sub-
                          capitated arrangements for services such as
                          primary care case management; and
                              ``(ii) if the reimbursement floor for
                          physician services applicable under a managed care
                          contract satisfies the requirements of
                          subparagraph (A) for the fiscal year in which the
                          contract is entered into or renewed, such
                          reimbursement floor shall be deemed to satisfy
                          such requirements for the subsequent fiscal
                          year.''.

        (c) Puerto Rico Report on Procurement Processes and Standards Used
    for Contracting Under the Medicaid Program.--
                (1) Report required.--Not later than December 1, 2022, the
            agency responsible for administering Puerto Rico's Medicaid
            program under title XIX of the Social Security Act (42 U.S.C.

    [[Page 136 STAT. 803]]

            1396 et seq.) shall submit to Congress a report on the
            procurement processes and standards used for selecting contracts
            under Puerto Rico's Medicaid program.
                (2) Information in report.--The report required under
            paragraph (1) shall include the following:
                        (A) A detailed description of the procurement
                    processes and standards used for selecting contracts
                    under Puerto Rico's Medicaid program under title XIX of
                    the Social Security Act (42 U.S.C. 1396 et seq.), for
                    contracts in effect as of the date of the enactment of
                    this subsection.
                        (B) The number of contracts, and a description of
                    such contracts, for an amount greater than $150,000 as
                    of the date of the enactment of this subsection.
                        (C) Differences between the procurement processes
                    and standards for selecting contracts in place as of the
                    date of the enactment of this subsection, and the
                    Federal procurement standards (as described in sections
                    75.327, 75.328, and 75.329 of title 45, Code of Federal
                    Regulations) as of such date.
    SEC. 202. INCREASING STATE FLEXIBILITY WITH RESPECT TO THIRD PARTY
                            LIABILITY.

        (a) In General.--Section 1902(a)(25)(I) of the Social Security Act
    (42 U.S.C. 1396a(a)(25)(I)) is amended--
                (1) by amending clause (ii) to read as follows:
                              ``(ii)(I) accept the State's right of recovery
                          and the assignment to the State of any right of an
                          individual or other entity to payment from the
                          party for an item or service for which payment has
                          been made under the State plan (or under a waiver
                          of such plan); and
                              ``(II) in the case of a responsible third
                          party (other than the original medicare fee-for-
                          service program under parts A and B of title
                          XVIII, a Medicare Advantage plan offered by a
                          Medicare Advantage organization under part C of
                          such title, a reasonable cost reimbursement plan
                          under section 1876, a health care prepayment plan
                          under section 1833, or a prescription drug plan
                          offered by a PDP sponsor under part D of such
                          title) that requires prior authorization for an
                          item or service furnished to an individual
                          eligible to receive medical assistance under this
                          title, accept authorization provided by the State
                          that the item or service is covered under the
                          State plan (or waiver of such plan) for such
                          individual, as if such authorization were the
                          prior authorization made by the third party for
                          such item or service;'';
                (2) in clause (iii)--
                        (A) by striking ``respond to any inquiry'' and
                    inserting ``not later than 60 days after receiving any
                    inquiry''; and
                        (B) by striking ``; and'' at the end and inserting
                    ``, respond to such inquiry; and''; and
                (3) in clause (iv)--
                        (A) by striking ``or a failure'' and inserting ``a
                    failure''; and
                        (B) by inserting after ``the basis of the claim''
                    the following: ``, or in the case of a responsible third
                    party (other than the original medicare fee-for-service
                    program

    [[Page 136 STAT. 804]]

                    under parts A and B of title XVIII, a Medicare Advantage
                    plan offered by a Medicare Advantage organization under
                    part C of such title, a reasonable cost reimbursement
                    plan under section 1876, a health care prepayment plan
                    under section 1833, or a prescription drug plan offered
                    by a PDP sponsor under part D of such title) a failure
                    to obtain a prior authorization for the item or service
                    for which the claim is being submitted'';

        (b) <<NOTE: 42 USC 1396a note.>>  Effective Date.--
                (1) In general.--Except as provided in paragraph (2), the
            amendments made by this section shall apply beginning on January
            1, 2024.
                (2) Exception if state legislation required.--In the case of
            a State plan for medical assistance under title XIX of the
            Social Security Act that the Secretary of Health and Human
            Services determines requires State legislation (other than
            legislation appropriating funds) in order for the plan to meet
            the additional requirement imposed by the amendments made under
            this section, the State plan shall not be regarded as failing to
            comply with the requirements of such title solely on the basis
            of its failure to meet this additional requirement before the
            first day of the first calendar quarter beginning after the
            close of the first regular session of the State legislature that
            begins after the date of the enactment of this Act. For purposes
            of the previous sentence, in the case of a State that has a 2-
            year legislative session, each year of such session shall be
            deemed to be a separate regular session of the State
            legislature.

                               TITLE III--MEDICARE

                  Subtitle A--Telehealth Flexibility Extensions

    SEC. 301. REMOVING GEOGRAPHIC REQUIREMENTS AND EXPANDING
                            ORIGINATING SITES FOR TELEHEALTH SERVICES.

        (a) In General.--Section 1834(m) of the Social Security Act (42
    U.S.C. 1395m(m)) is amended--
                (1) in paragraph (4)(C)--
                        (A) in clause (i), in the matter preceding subclause
                    (I), by inserting ``clause (iii) and'' after ``Except as
                    provided in''; and
                        (B) by adding at the end the following new clause:
                              ``(iii) Expanding access to telehealth
                          services.--With <<NOTE: Time
                          period. Definition.>>  respect to telehealth
                          services identified in subparagraph (F)(i) as of
                          the date of the enactment of this clause that are
                          furnished during the 151-day period beginning on
                          the first day after the end of the emergency
                          period described in section 1135(g)(1)(B), the
                          term `originating site' means any site in the
                          United States at which the eligible telehealth
                          individual is located at the time the service is
                          furnished via a telecommunications system,
                          including the home of an individual.''; and

    [[Page 136 STAT. 805]]

                (2) in paragraph (7)(A), by inserting ``or, for the period
            for which clause (iii) of paragraph (4)(C) applies, at any site
            described in such clause'' before the period at the end.

        (b) No Facility Fee for New Sites.--Section 1834(m)(2)(B) of the
    Social Security Act (42 U.S.C. 1395m(m)(2)(B)) is amended--
                (1) in clause (i), in the matter preceding subclause (I), by
            striking ``clause (ii)'' and inserting ``clauses (ii) and
            (iii)''; and
                (2) by adding at the end the following new clause:
                              ``(iii) <<NOTE: Time period.>>  No facility
                          fee for new sites.--With respect to telehealth
                          services identified in paragraph (4)(F)(i) as of
                          the date of the enactment of this clause that are
                          furnished during the 151-day period beginning on
                          the first day after the end of the emergency
                          period described in section 1135(g)(1)(B), a
                          facility fee shall only be paid under this
                          subparagraph to an originating site that is
                          described in paragraph (4)(C)(ii) (other than
                          subclause (X) of such paragraph).''.
    SEC. 302. EXPANDING PRACTITIONERS ELIGIBLE TO FURNISH TELEHEALTH
                            SERVICES.

        Section 1834(m) of the Social Security Act (42 U.S.C. 1395m(m)) is
    amended--
                (1) in paragraph (1), by striking ``(described in section
            1842(b)(18)(C))'' and inserting ``(as defined in paragraph
            (4)(E))''; and
                (2) in paragraph (4)(E), by inserting ``and, for the 151-day
            period beginning on the first day after the end of the emergency
            period described in section 1135(g)(1)(B), shall include a
            qualified occupational therapist (as such term is used in
            section 1861(g)), a qualified physical therapist (as such term
            is used in section 1861(p)), a qualified speech-language
            pathologist (as defined in section 1861(ll)(4)(A)), and a
            qualified audiologist (as defined in section 1861(ll)(4)(B))''
            after ``section 1842(b)(18)(C)''.
    SEC. 303. EXTENDING TELEHEALTH SERVICES FOR FEDERALLY QUALIFIED
                            HEALTH CENTERS AND RURAL HEALTH CLINICS.

        Section 1834(m)(8) of the Social Security Act (42 U.S.C.
    1395m(m)(8)) is amended--
                (1) in the header, by striking ``during emergency period'';
                (2) in subparagraph (A), in the matter preceding clause (i),
            by inserting ``and, during the 151-day period beginning on the
            first day after the end of such emergency period'' after
            ``During the emergency period described in section
            1135(g)(1)(B)''; and
                (3) in subparagraph (B)(i), by striking ``such emergency
            period'' and inserting ``the periods for which subparagraph (A)
            applies''.
    SEC. 304. DELAYING THE IN-PERSON REQUIREMENTS UNDER MEDICARE FOR
                            MENTAL HEALTH SERVICES FURNISHED THROUGH
                            TELEHEALTH AND TELECOMMUNICATIONS
                            TECHNOLOGY.

        (a) Delay in Requirements for Mental Health Services Furnished
    Through Telehealth.--Section 1834(m)(7)(B)(i) of the Social Security Act
    (42 U.S.C. 1395m(m)(7)(B)(i)) is amended, in the matter preceding
    subclause (I), by inserting ``on or after the

    [[Page 136 STAT. 806]]

    day that is the 152nd day after the end of the emergency period
    described in section 1135(g)(1)(B))'' after ``telehealth services
    furnished''.
        (b) Mental Health Visits Furnished by Rural Health Clinics.--Section
    1834(y) of the Social Security Act (42 U.S.C. 1395m(y)) is amended--
                (1) in the heading, by striking ``Attending Physician'' and
            inserting ``Certain'';
                (2) by striking ``Hospice Patients.--In the case of'' and
            inserting ``Hospice Patients.--
                ``(1) Attending physician services for hospice patients.--In
            the case of''; and
                (3) by adding at the end the following new paragraph:
                ``(2) Mental health visits furnished via telecommunications
            technology.--In the case of mental health visits furnished via
            interactive, real-time, audio and video telecommunications
            technology or audio-only interactions, the in-person mental
            health visit requirements established under section
            405.2463(b)(3) of title 42 of the Code of Federal Regulations
            (or a successor regulation) shall not apply prior to the day
            that is the 152nd day after the end of the emergency period
            described in section 1135(g)(1)(B)).''.

        (c) Mental Health Visits Furnished by Federally Qualified Health
    Centers.--Section 1834(o)(4) of the Social Security Act (42 U.S.C.
    1395m(o)(4)) is amended--
                (1) in the heading, by striking ``attending physician'' and
            inserting ``certain'';
                (2) by striking ``hospice patients.--In the case of'' and
            inserting ``hospice patients.--
                        ``(A) Attending physician services for hospice
                    patients.--In the case of''; and
                (3) by adding at the end the following new subparagraph:
                        ``(B) Mental health visits furnished via
                    telecommunications technology.--In the case of mental
                    health visits furnished via interactive, real-time,
                    audio and video telecommunications technology or audio-
                    only interactions, the in-person mental health visit
                    requirements established under section 405.2463(b)(3) of
                    title 42 of the Code of Federal Regulations (or a
                    successor regulation) shall not apply prior to the day
                    that is the 152nd day after the end of the emergency
                    period described in section 1135(g)(1)(B)).''.
    SEC. 305. ALLOWING FOR THE FURNISHING OF AUDIO-ONLY TELEHEALTH
                            SERVICES.

        Section 1834(m) of the Social Security Act (42 U.S.C. 1395m(m)) is
    amended--
                (1) in paragraph (1), in the first sentence, by striking
            ``paragraph (8)'' and inserting ``paragraphs (8) and (9)''; and
                (2) by adding at the end the following new paragraph:
                ``(9) Treatment of telehealth services furnished using
            audio-only telecommunications technology.--The <<NOTE: Time
            period.>>  Secretary shall continue to provide coverage and
            payment under this part for telehealth services identified in
            paragraph (4)(F)(i) as of the date of the enactment of this
            paragraph that are furnished via an audio-only
            telecommunications system during the 151-day period beginning on
            the first day after the end

    [[Page 136 STAT. 807]]

            of the emergency period described in section 1135(g)(1)(B).
            For <<NOTE: Definition.>>  purposes of the previous sentence,
            the term `telehealth service' means a telehealth service
            identified as of the date of the enactment of this paragraph by
            a HCPCS code (and any succeeding codes) for which the Secretary
            has not applied the requirements of paragraph (1) and the first
            sentence of section 410.78(a)(3) of title 42, Code of Federal
            Regulations, during such emergency period.''.
    SEC. 306. USE OF TELEHEALTH TO CONDUCT FACE-TO-FACE ENCOUNTER
                            PRIOR TO RECERTIFICATION OF ELIGIBILITY
                            FOR HOSPICE CARE DURING EMERGENCY PERIOD.

        Section 1814(a)(7)(D)(i)(II) of the Social Security Act (42 U.S.C.
    1395f(a)(7)(D)(i)(II)) is amended by inserting ``, and during the 151-
    day period beginning on the first day after the end of such emergency
    period'' after ``section 1135(g)(1)(B)''.
    SEC. 307. EXTENSION OF EXEMPTION FOR TELEHEALTH SERVICES.

        (a) In General.--Subparagraph (E) of section 223(c)(2) of the
    Internal Revenue Code of 1986 <<NOTE: 26 USC 223.>>  is amended by
    inserting ``or in the case of months beginning after March 31, 2022, and
    before January 1, 2023,'' after ``December 31, 2021,''.

        (b) Certain Coverage Disregarded.--Clause (ii) of section
    223(c)(1)(B) of the Internal Revenue Code of 1986 is amended by
    inserting ``, or in the case of months beginning after March 31, 2022,
    and before January 1, 2023,'' after ``December 31, 2021''.
        (c) <<NOTE: 26 USC 223 note.>>  Effective Date.--The amendments made
    by this section shall take effect on the date of the enactment of this
    Act.
    SEC. 308. REPORTS ON TELEHEALTH UTILIZATION.

        (a) Medpac Report.--
                (1) Study.--
                        (A) In general.--The Medicare Payment Advisory
                    Commission (in this subsection referred to as the
                    ``Commission'') shall conduct a study on the expansions
                    of telehealth services (as defined in section
                    1834(m)(4)(F) of the Social Security Act (42 U.S.C.
                    1395m(m)(4)(F)) under the Medicare program under title
                    XVIII of such Act as a result of the COVID-19 public
                    health emergency described in section 1135(g)(1)(B) of
                    such Act (42 U.S.C. 1320b-5(g)(1)(B)) and the amendments
                    made by sections 301 through 306 of this title.
                        (B) Analysis.--The study under subparagraph (A)
                    shall include at least an analysis of each of the
                    following:
                              (i) The utilization of telehealth services
                          under the Medicare program, which may include
                          analysis by service, provider type, geographic
                          area (including analysis of the provision of
                          telehealth services by clinicians located in
                          different States than the Medicare beneficiary
                          receiving such services to the extent that
                          reliable data are available), and beneficiary type
                          (including reason of entitlement and such
                          beneficiaries who are also enrolled under a State
                          plan under title XIX of the Social Security Act).
                              (ii) Medicare program expenditures on
                          telehealth services.
                              (iii) Medicare payment policy for telehealth
                          services and alternative approaches to such
                          payment policy,

    [[Page 136 STAT. 808]]

                          including for federally qualified health centers
                          and rural health clinics.
                              (iv) The implications of expanded Medicare
                          coverage of telehealth services on beneficiary
                          access to care and the quality of care, to the
                          extent reliable data are available.
                              (v) Other areas determined appropriate by the
                          Commission.
                (2) <<NOTE: Recommenda- tions.>>  Report.--Not later than
            June 15, 2023, the Commission shall submit to Congress a report
            containing the results of the study conducted under paragraph
            (1), together with recommendations for legislative and
            administrative action as the Commission determines appropriate.

        (b) <<NOTE: Effective date. Web posting. Time period. 42 USC
    1395m.>>  Publication of Data.--Beginning July 1, 2022, the Secretary of
    Health and Human Services shall post on the public website of the
    Centers for Medicare & Medicaid Services on a quarterly basis data with
    respect to Medicare claims for telemedicine services, including data on
    utilization and beneficiary characteristics.

        (c) Office of the Inspector General Report.--Not later than June 15,
    2023, the Inspector General of the Department of Health and Human
    Services shall submit to Congress a report on program integrity risks
    associated with Medicare telehealth services. Such <<NOTE: Recommenda-
    tions.>>  report shall include recommendations to prevent waste, fraud,
    and abuse under the Medicare program as appropriate.
    SEC. 309. <<NOTE: 42 USC 1395m note.>>  PROGRAM INSTRUCTION
                            AUTHORITY.

        Notwithstanding any other provision of law, the Secretary of Health
    and Human Services may implement the provisions of, including amendments
    made by, sections 301 through 306 through program instruction or
    otherwise.

                   Subtitle B--Additional Medicare Provisions

    SEC. 311. REVISION OF THE TIMING OF MEDPAC REPORT ON AMBULANCE
                            COST DATA.

        Section 1834(l)(17)(F)(i) of the Social Security Act (42 U.S.C.
    1395m(l)(17)(F)(i)) is amended by striking ``Not later than March 15,
    2023, and as determined necessary by the Medicare Payment Advisory
    Commission thereafter'' and inserting ``Not later than the second June
    15th following the date on which the Secretary transmits data for the
    first representative sample of providers and suppliers of ground
    ambulance services to the Medicare Payment Advisory Commission, and as
    determined necessary by such Commission thereafter,''.
    SEC. 312. ADJUSTING CALCULATION OF HOSPICE CAP AMOUNT UNDER
                            MEDICARE.

        Section 1814(i)(2)(B) of the Social Security Act (42 U.S.C.
    1395f(i)(2)(B)) is amended--
                (1) in clause (ii), by striking ``2030'' and inserting
            ``2031''; and
                (2) in clause (iii), by striking ``2030'' and inserting
            ``2031''.

    [[Page 136 STAT. 809]]

    SEC. 313. MEDICARE IMPROVEMENT FUND.

        Section 1898(b)(1) of the Social Security Act (42 U.S.C.
    1395iii(b)(1)) is amended by striking ``$99,000,000'' and inserting
    ``$5,000,000''.

                            TITLE IV--HUMAN SERVICES

    SEC. 401. <<NOTE: 42 USC 601 note.>>  EXTENSION OF TEMPORARY
                            ASSISTANCE FOR NEEDY FAMILIES AND RELATED
                            PROGRAMS.

        Activities authorized by part A of title IV (other than under
    section 403(c) or 418) and section 1108(b) of the Social Security Act
    shall continue through September 30, 2022, in the manner authorized for
    fiscal year 2021, and out of any money in the Treasury of the United
    States not otherwise appropriated, there are hereby appropriated such
    sums as may be necessary for such purpose.

                         DIVISION Q--CONSUMER PROTECTION

        TITLE I--FRAUD <<NOTE: Fraud and Scam Reduction Act.>>  AND SCAM
    REDUCTION
    SEC. 101. <<NOTE: 15 USC 58 note.>>  SHORT TITLE.

        This title may be cited as the ``Fraud and Scam Reduction Act''.

    Subtitle A--Preventing <<NOTE: Stop Senior Scams Act.>>  Consumer Scams
    Directed at Seniors
    SEC. 111. <<NOTE: 15 USC 58 note.>>  SHORT TITLE.

        This subtitle may be cited as the ``Stop Senior Scams Act''.
    SEC. 112. SENIOR SCAMS PREVENTION ADVISORY GROUP.

        (a) <<NOTE: 15 USC 45e note.>>  Establishment.--There is established
    a Senior Scams Prevention Advisory Group (in this subtitle referred to
    as the ``Advisory Group'').

        (b) Members.--The Advisory Group shall be composed of stakeholders
    such as the following individuals or the designees of those individuals:
                (1) The Chairman of the Federal Trade Commission.
                (2) The Secretary of the Treasury.
                (3) The Attorney General.
                (4) The Director of the Bureau of Consumer Financial
            Protection.
                (5) Representatives from each of the following sectors,
            including trade associations, to be selected by the Federal
            Trade Commission:
                        (A) Retail.
                        (B) Gift cards.
                        (C) Telecommunications.
                        (D) Wire-transfer services.
                        (E) Senior peer advocates.
                        (F) Consumer advocacy organizations with efforts
                    focused on preventing seniors from becoming the victims
                    of scams.

    [[Page 136 STAT. 810]]

                        (G) Financial services, including institutions that
                    engage in digital currency.
                        (H) Prepaid cards.
                (6) A member of the Board of Governors of the Federal
            Reserve System.
                (7) A prudential regulator, as defined in section 1002 of
            the Consumer Financial Protection Act of 2010 (12 U.S.C. 5481).
                (8) The Director of the Financial Crimes Enforcement
            Network.
                (9) Any other Federal, State, or local agency, industry
            representative, consumer advocate, or entity, as determined by
            the Federal Trade Commission.

        (c) No Compensation for Members.--A member of the Advisory Group
    shall serve without compensation in addition to any compensation
    received for the service of the member as an officer or employee of the
    United States, if applicable.
        (d) Duties.--
                (1) In general.--The Advisory Group shall--
                        (A) collect information on the existence, use, and
                    success of educational materials and programs for
                    retailers, financial services, and wire-transfer
                    companies, which--
                              (i) may be used as a guide to educate
                          employees on how to identify and prevent scams
                          that affect seniors; and
                              (ii) includes--
                                        (I) useful information for
                                    retailers, financial services, and wire
                                    transfer companies for the purpose
                                    described in clause (i);
                                        (II) training for employees on ways
                                    to identify and prevent senior scams;
                                        (III) best practices for keeping
                                    employees up to date on current scams;
                                        (IV) the most effective signage and
                                    placement in retail locations to warn
                                    seniors about scammers' use of gift
                                    cards, prepaid cards, and wire transfer
                                    services;
                                        (V) suggestions on effective
                                    collaborative community education
                                    campaigns;
                                        (VI) available technology to assist
                                    in identifying possible scams at the
                                    point of sale; and
                                        (VII) other information that would
                                    be helpful to retailers, wire transfer
                                    companies, financial institutions, and
                                    their employees as they work to prevent
                                    fraud affecting seniors; and
                        (B) based on the findings in subparagraph (A)--
                              (i) identify inadequacies, omissions, or
                          deficiencies in those educational materials and
                          programs for the categories listed in subparagraph
                          (A) and their execution in reaching employees to
                          protect older adults; and
                              (ii) create model materials, best practices
                          guidance, or recommendations to fill those
                          inadequacies, omissions, or deficiencies that may
                          be used by industry and others to help protect
                          older adults from scams.
                (2) Encouraged use.--The Chairman of the Federal Trade
            Commission shall--

    [[Page 136 STAT. 811]]

                        (A) <<NOTE: Public information.>>  make the
                    materials or guidance created by the Federal Trade
                    Commission described in paragraph (1) publicly
                    available; and
                        (B) encourage the use and distribution of the
                    materials created under this subsection to prevent scams
                    affecting seniors by governmental agencies and the
                    private sector.

        (e) Reports.--Section 101(c)(2) of the Elder Abuse Prevention and
    Prosecution Act (34 U.S.C. 21711(c)(2)) is amended--
                (1) in subparagraph (A)(iv), by striking the period at the
            end and inserting a semicolon;
                (2) in subparagraph (B), by striking the period at the end
            and inserting ``; and''; and
                (3) by adding at the end the following:
                        ``(C) with respect to the report by the Federal
                    Trade Commission, in relevant years, including
                    information on--
                              ``(i) the newly created materials, guidance,
                          or recommendations of the Senior Scams Prevention
                          Advisory Group established under section 112 of
                          the Stop Senior Scams Act and any relevant views
                          or considerations made by members of the Advisory
                          Group that were not included in the Advisory
                          Group's model materials or considered an official
                          recommendation by the Advisory Group;
                              ``(ii) the Senior Scams Prevention Advisory
                          Group's findings about senior scams and industry
                          educational materials and programs; and
                              ``(iii) any recommendations on ways
                          stakeholders can continue to work together to
                          reduce scams affecting seniors.''.

        (f) <<NOTE: 34 USC 21711 note.>>  Termination.--This subtitle, and
    the amendments made by this subtitle, ceases to be effective on the date
    that is 5 years after the date of enactment of this Act.

      Subtitle B--Senior <<NOTE: Seniors Fraud Prevention Act of 2022.>>
    Fraud Advisory Office
    SEC. 121. <<NOTE: 15 USC 58 note.>>  SHORT TITLE.

        This subtitle may be cited as the ``Seniors Fraud Prevention Act of
    2022''.
    SEC. 122. <<NOTE: 15 USC 45e.>>  OFFICE FOR THE PREVENTION OF
                            FRAUD TARGETING SENIORS.

        (a) Establishment of Advisory Office.--The Federal Trade Commission
    (in this section referred to as the ``Commission'') shall establish an
    office within the Bureau of Consumer Protection for the purpose of
    advising the Commission on the prevention of fraud targeting seniors and
    to assist the Commission with the following:
                (1) <<NOTE: Coordination.>>  Oversight.--The advisory office
            shall monitor the market for mail, television, internet,
            telemarketing, and recorded message telephone call (in this
            section referred to as ``robocall'') fraud targeting seniors and
            shall coordinate with other relevant agencies regarding the
            requirements of this section.
                (2) <<NOTE: Consultation.>>  Consumer education.--The
            Commission, through the advisory office and in consultation with
            the Attorney General, the Secretary of Health and Human
            Services, the Postmaster

    [[Page 136 STAT. 812]]

            General, the Chief Postal Inspector for the United States Postal
            Inspection Service, and other relevant agencies, shall--
                        (A) disseminate to seniors and families and
                    caregivers of seniors general information on mail,
                    television, internet, telemarketing, and robocall fraud
                    targeting seniors, including descriptions of the most
                    common fraud schemes;
                        (B) disseminate to seniors and families and
                    caregivers of seniors information on reporting
                    complaints of fraud targeting seniors either to the
                    national toll-free telephone number established by the
                    Commission for reporting such complaints, or to the
                    Consumer Sentinel Network, operated by the Commission,
                    where such complaints will become immediately available
                    to appropriate law enforcement agencies, including the
                    Federal Bureau of Investigation and the attorneys
                    general of the States;
                        (C) in response to a specific request about a
                    particular entity or individual, provide publicly
                    available information of any enforcement action taken by
                    the Commission for mail, television, internet,
                    telemarketing, and robocall fraud against such entity;
                    and
                        (D) <<NOTE: Website.>>  maintain a website to serve
                    as a resource for information for seniors and families
                    and caregivers of seniors regarding mail, television,
                    internet, telemarketing, robocall, and other identified
                    fraud targeting seniors.
                (3) <<NOTE: Consultation. Procedures.>>  Complaints.--The
            Commission, through the advisory office and in consultation with
            the Attorney General, shall establish procedures to--
                        (A) log and acknowledge the receipt of complaints by
                    individuals who believe they have been a victim of mail,
                    television, internet, telemarketing, and robocall fraud
                    in the Consumer Sentinel Network, and shall make those
                    complaints immediately available to Federal, State, and
                    local law enforcement authorities; and
                        (B) provide to individuals described in subparagraph
                    (A), and to any other persons, specific and general
                    information on mail, television, internet,
                    telemarketing, and robocall fraud, including
                    descriptions of the most common schemes using such
                    methods of communication.

        (b) Commencement.--The Commission shall commence carrying out the
    requirements of this section not later than 1 year after the date of
    enactment of this Act.
        (c) Use of Existing Funds.--No additional funds are authorized to be
    appropriated to carry out this section and the Commission shall carry
    out this section using amounts otherwise made available to the
    Commission.

         TITLE II--NICHOLAS <<NOTE: Nicholas and Zachary Burt Memorial
     Carbon Monoxide Poisoning Prevention Act of 2022.>>  AND ZACHARY BURT
    MEMORIAL CARBON MONOXIDE POISONING PREVENTION ACT OF 2022
    SEC. 201. <<NOTE: 15 USC 2051 note.>>  SHORT TITLE.

        This title may be cited as the ``Nicholas and Zachary Burt Memorial
    Carbon Monoxide Poisoning Prevention Act of 2022''.

    [[Page 136 STAT. 813]]

    SEC. 202. <<NOTE: 15 USC 2090 note.>>  FINDINGS AND SENSE OF
                            CONGRESS.

        (a) Findings.--Congress finds the following:
                (1) Carbon monoxide is a colorless, odorless gas produced by
            burning any fuel. Exposure to unhealthy levels of carbon
            monoxide can lead to carbon monoxide poisoning, a serious health
            condition that could result in death.
                (2) Unintentional carbon monoxide poisoning from motor
            vehicles and improper operation of fuel-burning appliances, such
            as furnaces, water heaters, portable generators, and stoves,
            annually kills more than 400 individuals and sends approximately
            15,000 individuals to hospital emergency rooms for treatment.
                (3) Research shows that installing carbon monoxide alarms
            close to the sleeping areas in residential homes and other
            dwelling units can help avoid fatalities.

        (b) Sense of Congress.--It is the sense of Congress that Congress
    should promote the installation of carbon monoxide alarms in residential
    homes and dwelling units across the United States in order to promote
    the health and public safety of citizens throughout the United States.
    SEC. 203. <<NOTE: 15 USC 2090 note.>>  DEFINITIONS.

        In this title:
                (1) Carbon monoxide alarm.--The term ``carbon monoxide
            alarm'' means a device or system that--
                        (A) detects carbon monoxide; and
                        (B) is intended to sound an alarm at a carbon
                    monoxide concentration below a concentration that could
                    cause a loss of the ability to react to the dangers of
                    carbon monoxide exposure.
                (2) Commission.--The term ``Commission'' means the Consumer
            Product Safety Commission.
                (3) Compliant carbon monoxide alarm.--The term ``compliant
            carbon monoxide alarm'' means a carbon monoxide alarm that
            complies with the most current version of--
                        (A) the Standard for Single and Multiple Station
                    Carbon Monoxide Alarms of the American National
                    Standards Institute and UL (ANSI/UL 2034), or any
                    successor standard; and
                        (B) the Standard for Gas and Vapor Detectors and
                    Sensors of the American National Standards Institute and
                    UL (ANSI/UL 2075), or any successor standard.
                (4) Dwelling unit.--The term ``dwelling unit''--
                        (A) means a room or suite of rooms used for human
                    habitation; and
                        (B) includes--
                              (i) a single family residence;
                              (ii) each living unit of a multiple family
                          residence, including an apartment building; and
                              (iii) each living unit in a mixed use
                          building.
                (5) Fire code enforcement officials.--The term ``fire code
            enforcement officials'' means officials of the fire safety code
            enforcement agency of a State or local government or a Tribal
            organization.
                (6) International fire code.--The term ``IFC'' means--
                        (A) the 2015 or 2018 edition of the International
                    Fire Code published by the International Code Council;
                    or

    [[Page 136 STAT. 814]]

                        (B) any amended or similar successor code pertaining
                    to the proper installation of carbon monoxide alarms in
                    dwelling units.
                (7) International residential code.--The term ``IRC''
            means--
                        (A) the 2015 or 2018 edition of the International
                    Residential Code published by the International Code
                    Council; or
                        (B) any amended or similar successor code pertaining
                    to the proper installation of carbon monoxide alarms in
                    dwelling units.
                (8) NFPA 720.--The term ``NFPA 720'' means--
                        (A) the Standard for the Installation of Carbon
                    Monoxide Detection and Warning Equipment issued by the
                    National Fire Protection Association in 2012; and
                        (B) any amended or similar successor standard
                    relating to the proper installation of carbon monoxide
                    alarms in dwelling units.
                (9) State.--The term ``State''--
                        (A) has the meaning given the term in section 3(a)
                    of the Consumer Product Safety Act (15 U.S.C. 2052(a));
                    and
                        (B) includes--
                              (i) the Commonwealth of the Northern Mariana
                          Islands; and
                              (ii) any political subdivision of a State.
                (10) Tribal organization.--The term ``Tribal organization''
            has the meaning given the term in section 4(l) of the Indian
            Self-Determination and Education Assistance Act (25 U.S.C.
            5304(l)).
    SEC. 204. <<NOTE: 15 USC 2090.>>  GRANT PROGRAM FOR CARBON
                            MONOXIDE POISONING PREVENTION.

        (a) In General.--Subject to the availability of appropriations
    authorized under subsection (f), the Commission shall establish a grant
    program to provide assistance to States and Tribal organizations that
    are eligible under subsection (b) to carry out the carbon monoxide
    poisoning prevention activities described in subsection (e).
        (b) Eligibility.--For the purposes of this section, an eligible
    State or Tribal organization is any State or Tribal organization that--
                (1) demonstrates to the satisfaction of the Commission that
            the State or Tribal organization has adopted a statute or a
            rule, regulation, or similar measure with the force and effect
            of law, requiring compliant carbon monoxide alarms to be
            installed in dwelling units in accordance with NFPA 72, the IFC,
            or the IRC; and
                (2) <<NOTE: Application.>>  submits an application--
                        (A) to the Commission at such time, in such form,
                    and containing such additional information as the
                    Commission may require; and
                        (B) that may be filed on behalf of the State or
                    Tribal organization by the fire safety code enforcement
                    agency of that State or Tribal organization.

        (c) <<NOTE: Determination.>>  Grant Amount.--The Commission shall
    determine the amount of each grant awarded under this section.

    [[Page 136 STAT. 815]]

        (d) Selection of Grant Recipients.--In selecting eligible States and
    Tribal organizations for the award of grants under this section, the
    Commission shall give favorable consideration to an eligible State or
    Tribal organization that demonstrates a reasonable need for funding
    under this section and that--
                (1) requires the installation of one or more compliant
            carbon monoxide alarms in a new or existing educational
            facility, childcare facility, health care facility, adult
            dependent care facility, government building, restaurant,
            theater, lodging establishment, or dwelling unit--
                        (A) within which a fuel-burning appliance, including
                    a furnace, boiler, water heater, fireplace, or any other
                    apparatus, appliance, or device that burns fuel, is
                    installed; or
                        (B) that has an attached garage; and
                (2) has developed a strategy to protect vulnerable
            populations, such as children, the elderly, or low-income
            households, from exposure to unhealthy levels of carbon
            monoxide.

        (e) Use of Grant Funds.--
                (1) In general.--Subject to paragraph (2), an eligible State
            or Tribal organization to which a grant is awarded under this
            section may use the grant--
                        (A) to purchase and install compliant carbon
                    monoxide alarms in the dwelling units of low-income
                    families or elderly individuals, facilities that
                    commonly serve children or the elderly (including
                    childcare facilities, public schools, and senior
                    centers);
                        (B) for the development and dissemination of
                    training materials, instructors, and any other costs
                    relating to the training sessions authorized under this
                    subsection; or
                        (C) to educate the public about--
                              (i) the risk associated with carbon monoxide
                          as a poison; and
                              (ii) the importance of proper carbon monoxide
                          alarm use.
                (2) Limitations.--
                        (A) Administrative costs.--An eligible State or
                    Tribal organization to which a grant is awarded under
                    this section may use not more than 5 percent of the
                    grant amount to cover administrative costs that are not
                    directly related to training described in paragraph
                    (1)(B).
                        (B) Public outreach.--An eligible State or Tribal
                    organization to which a grant is awarded under this
                    section may use not more than 25 percent of the grant
                    amount to cover the costs of activities described in
                    paragraph (1)(C).
                        (C) State contributions.--An eligible State to which
                    a grant is awarded under this section shall, with
                    respect to the costs incurred by the State in carrying
                    out activities under the grant, provide non-Federal
                    contributions in an amount equal to not less than 25
                    percent of the amount of Federal funds provided under
                    the grant to administer the program. This subparagraph
                    shall not apply to Tribal organizations.

        (f) Funding.--
                (1) <<NOTE: Time period.>>  In general.--The Commission
            shall carry out this title using amounts appropriated to the
            Commission for each of

    [[Page 136 STAT. 816]]

            fiscal years 2022 through 2026, to extent such funds are
            available.
                (2) Limitation on administrative expenses.--In a fiscal
            year, not more than 10 percent of the amounts appropriated or
            otherwise made available to carry out this title may be used for
            administrative expenses.

        (g) <<NOTE: Evaluation.>>  Report.--Not later than 1 year after the
    last day of each fiscal year in which grants are awarded under this
    section, the Commission shall submit to Congress a report that evaluates
    the implementation of the grant program required under this section.

                  TITLE III--UNITED <<NOTE: United States Anti-
    Doping Agency Reauthorization Act of 2022.>>  STATES ANTI-DOPING AGENCY
    REAUTHORIZATION
    SEC. 301. <<NOTE: 21 USC 2001 note.>>  SHORT TITLE.

        This title may be cited as the ``United States Anti-Doping Agency
    Reauthorization Act of 2022''.
    SEC. 302. <<NOTE: 21 USC 2001 note.>>  FINDINGS.

        Congress makes the following findings:
                (1) The United States Anti-Doping Agency--
                        (A) is the independent national anti-doping
                    organization of the United States; and
                        (B) manages the anti-doping program, results
                    management processes, drug reference resources, and
                    athlete education for all United States Olympic
                    Committee-recognized national governing bodies and the
                    athletes and events of such national governing bodies.
                (2) The United States Anti-Doping Agency contributes to the
            advancement of clean sport through scientific research, anti-
            doping education, and outreach programs, and the mission of the
            United States Anti-Doping Agency is to preserve the integrity of
            competition and protect the rights of athletes.
                (3) Participation in youth sports has the potential to equip
            young athletes with important skills and values necessary for
            success in life, and it is essential that the culture of youth
            sports emphasizes such skills and values.
                (4) The TrueSport program of the United States Anti-Doping
            Agency partners with youth sport organizations across the United
            States to promote sportsmanship, character building, and healthy
            performance through the use of targeted educational materials
            designed to promote a positive youth sport experience.
                (5) In modifying the authority of the United States Anti-
            Doping Agency to include the promotion of the positive values of
            youth sport, Congress sends a strong signal that the goals of
            youth sport should include instilling in young athletes the
            values of integrity, respect, teamwork, courage, and
            responsibility.
                (6) Due to the unique leadership position of the United
            States in the global community, adequate funding of the anti-
            doping and clean sport programs of the United States Anti-Doping
            Agency is imperative to the preparation for the 2028 Summer
            Olympic Games, which will be held in Los Angeles, California.

    [[Page 136 STAT. 817]]

                (7) Increased appropriations for fiscal years 2023 through
            2031 would enable the United States Anti-Doping Agency to
            directly affect the integrity and well-being of sport, both
            domestically and internationally.
    SEC. 303. MODIFICATIONS OF AUTHORITY.

        Section 701 of the Office of National Drug Control Policy
    Reauthorization Act of 2006 (21 U.S.C. 2001) is amended--
                (1) in subsection (b)--
                        (A) by amending paragraph (1) to read as follows:
                ``(1)(A) serve as the independent anti-doping organization
            for the amateur athletic competitions recognized by the United
            States Olympic and Paralympic Committee;
                ``(B) be responsible for certifying in advance any testing
            conducted by international organizations under the World Anti-
            Doping Code for international amateur athletes and athletic
            competitions occurring within the jurisdiction of the United
            States; and
                ``(C) be recognized worldwide as the independent national
            anti-doping organization for the United States;'';
                        (B) in paragraph (4), by striking the period at the
                    end and inserting ``; and''; and
                        (C) by adding at the end the following:
                ``(5) promote a positive youth sport experience by using a
            portion of the funding of the United States Anti-Doping Agency
            to provide educational materials on sportsmanship, character
            building, and healthy performance for the athletes, parents, and
            coaches who participate in youth sports.''; and
                (2) by adding at the end the following:

        ``(c) Due Process in Arbitration Proceedings.--Any action taken by
    the United States Anti-Doping Agency to enforce a policy, procedure, or
    requirement of the United States Anti-Doping Agency against a person
    with respect to a violation of Federal law, including an investigation,
    a disciplinary action, a sanction, or any other administrative action,
    shall be carried out in a manner that provides due process protection to
    the person.''.
    SEC. 304. AUTHORIZATION OF APPROPRIATIONS.

        Section 703 of the Office of National Drug Control Policy
    Reauthorization Act of 2006 (21 U.S.C. 2003) is amended to read as
    follows:
    ``SEC. 703. AUTHORIZATION OF APPROPRIATIONS.

        ``There are authorized to be appropriated to the United States Anti-
    Doping Agency--
                ``(1) for fiscal year 2023, $15,500,000;
                ``(2) for fiscal year 2024, $16,200,000;
                ``(3) for fiscal year 2025, $16,900,000;
                ``(4) for fiscal year 2026, $17,700,000;
                ``(5) for fiscal year 2027, $18,500,000;
                ``(6) for fiscal year 2028, $19,800,000;
                ``(7) for fiscal year 2029, $22,100,000;
                ``(8) for fiscal year 2030, $24,900,000; and
                ``(9) for fiscal year 2031, $23,700,000.''.
    SEC. 305. <<NOTE: 21 USC 2004.>>  INFORMATION SHARING.

        Except as otherwise prohibited by law and except in cases in which
    the integrity of a criminal investigation would be affected,

    [[Page 136 STAT. 818]]

    pursuant to the obligation of the United States under Article 7 of the
    United Nations Educational, Scientific, and Cultural Organization
    International Convention Against Doping in Sport done at Paris October
    19, 2005, and ratified by the United States in 2008, the Attorney
    General, the Secretary of Homeland Security, and the Commissioner of
    Food and Drugs shall provide to the United States Anti-Doping Agency any
    relevant information relating to the prevention of the use of
    performance-enhancing drugs or the prohibition of performance-enhancing
    methods.

    TITLE IV--PROTECTING <<NOTE: Protecting Indian Tribes from Scams Act.>>
    INDIAN TRIBES FROM SCAMS
    SEC. 401. SHORT TITLE.

        This title may be cited as the ``Protecting Indian Tribes from Scams
    Act''.
    SEC. 402. PROTECTING INDIAN TRIBES FROM UNFAIR OR DECEPTIVE ACTS
                            OR PRACTICES.

        (a) FTC Report on Unfair or Deceptive Acts or Practices Targeting
    Indian Tribes.--Not <<NOTE: Consultation. Web posting.>>  later than 1
    year after the date of enactment of this Act, and after consultation
    with Indian Tribes, the Commission shall make publicly available on the
    website of the Commission and submit to the Committee on Energy and
    Commerce and the Committee on Natural Resources of the House of
    Representatives and the Committee on Commerce, Science, and
    Transportation and the Committee on Indian Affairs of the Senate a
    report on unfair or deceptive acts or practices targeted at Indian
    Tribes or members of Indian Tribes, including--
                (1) a description of the types of unfair or deceptive acts
            or practices identified by the Commission as being targeted at
            Indian Tribes or members of Indian Tribes;
                (2) a description of the consumer education activities of
            the Commission with respect to such acts or practices;
                (3) a description of the efforts of the Commission to
            collaborate with Indian Tribes to prevent such acts or practices
            or to pursue persons using such acts or practices;
                (4) <<NOTE: Summary.>>  a summary of the enforcement actions
            taken by the Commission related to such acts or practices; and
                (5) <<NOTE: Recommenda- tions.>>  any recommendations for
            legislation to prevent such acts or practices.

        (b) Increasing Awareness of Unfair or Deceptive Acts or Practices
    Targeting Indian Tribes.--Not <<NOTE: Deadline. Update. Website.>>
    later than 6 months after the date of the submission of the report
    required by subsection (a), the Commission shall update the website of
    the Commission to include information for consumers and businesses on
    identifying and avoiding unfair or deceptive acts or practices targeted
    at Indian Tribes or members of Indian Tribes.

        (c) Definitions.--In this section:
                (1) Commission.--The term ``Commission'' means the Federal
            Trade Commission.
                (2) Indian tribe.--The term ``Indian Tribe'' has the meaning
            given that term in section 4 of the Indian Self-Determination
            and Education Assistance Act (25 U.S.C. 5304).

    [[Page 136 STAT. 819]]

    DIVISION R--FAFSA <<NOTE: FAFSA Simplification Act Technical Corrections
    Act.>>  SIMPLIFICATION
    SEC. 101. <<NOTE: 20 USC 1001 note.>>  SHORT TITLE.

        This division may be cited as the ``FAFSA Simplification Act
    Technical Corrections Act''.
    SEC. 102. EXTENDING THE IMPLEMENTATION TIMELINE OF FAFSA
                            SIMPLIFICATION ACT BY ONE YEAR.

        (a) Amendments to the FAFSA Simplification Act.--The FAFSA
    Simplification Act (title VII of division FF of Public Law 116-
    260) <<NOTE: 20 USC 1001 note.>>  is amended in section 701(b)--
                (1) by striking ``July 1, 2023'' both places the term
            appears and inserting ``July 1, 2024''; and
                (2) by striking ``award year 2023-2024'' and inserting
            ``award year 2024-2025''.

        (b) Amendments to the Higher Education Act of 1965.--The Higher
    Education Act of 1965 (20 U.S.C. 1001 et seq.), as amended by the FAFSA
    Simplification Act (title VII of division FF of Public Law 116-260), is
    amended--
                (1) <<NOTE: 20 USC 1070a.>>  in section 401(b)--
                        (A) in paragraph (5)(A), by striking ``award year
                    2023-2024'' and inserting ``award year 2024-2025'';
                        (B) in paragraph (6)(A)--
                              (i) in clause (i), by striking ``fiscal year
                          2023'' and inserting ``fiscal year 2024''; and
                              (ii) in clause (ii), by striking ``fiscal
                          years 2023 through 2033'' and inserting ``fiscal
                          years 2024 through 2034'';
                        (C) in paragraph (7)(B)(i), by striking ``or 2022''
                    and inserting ``2022, or 2023''; and
                        (D) in paragraph (8)(A), by striking ``fiscal year
                    2033'' and inserting ``fiscal year 2034'';
                (2) <<NOTE: 20 USC 1087kk.>>  in section 471, by striking
            ``award year 2023-2024'' and inserting ``award year 2024-2025'';
                (3) in section 479(a), <<NOTE: 20 USC 1087ss.>>  by striking
            ``July 1, 2023'' and inserting ``July 1, 2024'';
                (4) <<NOTE: 20 USC 1090.>>  in section 483, by striking
            ``award year 2023-2024'' each place the term appears and
            inserting ``award year 2024-2025''; and
                (5) in section 485E(b)(2)(B), <<NOTE: 20 USC 1092f.>>  by
            striking ``award year 2023-2024'' and inserting ``award year
            2024-2025''.

        (c) <<NOTE: 20 USC 1070a note.>>  On-time Effective Date
    Permitted.--
                (1) In general.--Notwithstanding section 701(b) of the FAFSA
            Simplification Act (title VII of division FF of Public Law 116-
            260), as amended by this division, the Secretary of Education--
                        (A) <<NOTE: Deadline.>>  may implement on or after
                    July 1, 2023, but not later than, July 1, 2024, the
                    amendments made by--
                              (i) section 702(b) of the FAFSA Simplification
                          Act regarding cost of attendance;
                              (ii) section 702(i) of such Act regarding
                          discretion of student financial aid
                          administrators;
                              (iii) section 702(l) of such Act regarding
                          special rules for independent students and
                          definitions; and
                              (iv) section 703 of such Act regarding only
                          the period of eligibility for grants under
                          subsection (d)

    [[Page 136 STAT. 820]]

                          of section 401 of the Higher Education Act of
                          1965, as amended by the FAFSA Simplification Act;
                          and
                        (B) <<NOTE: Time periods. Federal
                    Register, publication.>>  shall specify in a designation
                    on what date and for which award years the
                    implementation of amendments described in subparagraph
                    (A) are effective on or after July 1, 2023, and prior to
                    July 1, 2024, and shall publish any designation under
                    this paragraph in the Federal Register not less than 60
                    days before implementation.
                (2) Student aid index as expected family contribution.--
            For <<NOTE: Deadline. Definition.>>  purposes of implementing
            the amendments described in paragraph (1)(A) before July 1,
            2024, the term ``student aid index'' as it appears in such
            amendments to the Higher Education Act of 1965 shall mean
            ``expected family contribution'', as calculated under part F of
            title IV of the Higher Education Act of 1965, as in effect on
            the date of the implementation.
    SEC. 103. TECHNICAL CORRECTIONS TO THE FAFSA SIMPLIFICATION ACT.

        (a) Cost of Attendance.--Section 472(a)(13) of the Higher Education
    Act of 1965, as amended by section 702(b) of the FAFSA Simplification
    Act (title VII of division FF of Public Law 116-260), <<NOTE: 20 USC
    1087ll.>>  is amended by inserting ``, or the average cost of any such
    fee or premium, as applicable'' after ``on such loan''.

        (b) Special Rules for Independent Students.--Section 479D of the
    Higher Education Act of 1965, as added by section 702(l)(1) of the FAFSA
    Simplification Act (title VII of division FF of Public Law 116-
    260), <<NOTE: 20 USC 1087uu-2.>>  is amended--
                (1) in subsection (a)(1)(D), by inserting ``the same or''
            before ``a prior award'';
                (2) in subsection (b)(5), by inserting ``the same or''
            before ``a prior award''; and
                (3) in subsection (d)(2)--
                        (A) by inserting ``this section, or paragraph (2),
                    (8), or (9) of section 480(d),'' after ``pursuant to
                    section 479A(c),''; and
                        (B) by striking ``under such paragraph in the same
                    award year'' and inserting ``under such provisions in
                    the same or a prior award year''.

        (c) Iraq and Afghanistan Service Grant and Children of Fallen Heroes
    Grant.--Part A of title IV of the Higher Education Act of 1965 (20
    U.S.C. 1070 et seq.), as amended by section 703 of the FAFSA
    Simplification Act (title VII of division FF of Public Law 116-260), is
    amended--
                (1) <<NOTE: 20 USC 1070a.>>  in section 401(c)--
                        (A) in paragraph (2)--
                              (i) by striking subparagraph (A); and
                              (ii) by redesignating subparagraphs (B) and
                          (C) as subparagraphs (A) and (B), respectively;
                        (B) in paragraph (3)(A), by striking ``(2)(B)(i)''
                    and inserting ``(2)(A)(i)'';
                        (C) by redesignating paragraph (5) as paragraph (7);
                    and
                        (D) by inserting after paragraph (4) the following:
                ``(5) Prevention of double benefits.--No eligible student
            described in paragraph (2) may concurrently receive a grant
            under both this subsection and subsection (b).

    [[Page 136 STAT. 821]]

                ``(6) <<NOTE: Grants.>>  Terms and conditions.--The
            Secretary shall award grants under this subsection in the same
            manner and with the same terms and conditions, including the
            length of the period of eligibility, as the Secretary awards
            Federal Pell Grants under subsection (b), except that--
                        ``(A) the award rules and determination of need
                    applicable to the calculation of Federal Pell Grants
                    under subsection (b)(1) shall not apply to grants made
                    under this subsection; and
                        ``(B) <<NOTE: Determination.>>  the maximum period
                    determined under subsection (d)(5) shall be determined
                    by including all grants made under this section received
                    by the eligible student and all grants so received under
                    subpart 10 before the effective date of this
                    subsection.''; and
                (2) by striking section 420R (20 U.S.C. 1070h).

        (d) <<NOTE: 20 USC 1070a note.>>  Effective Date.--The amendments
    made by subsections (a), (b), and (c) shall take effect as if included
    in the FAFSA Simplification Act (title VII of division FF of Public Law
    116-260) and subject to the effective date of section 701(b) of such
    Act, as amended by this division (including the authorization provided
    under section 102(c)(1)(A)).
    SEC. 104. CONFORMING CHANGES TO PUBLIC HEALTH SERVICE ACT LOANS.

        Title VII of the Public Health Service Act is amended--
                (1) in section 705(a)(1) of such Act (42 U.S.C.
            292d(a)(1))--
                        (A) in subparagraph (A)--
                              (i) in clause (iii), by adding ``and'' after
                          the semicolon;
                              (ii) by striking clause (iv); and
                              (iii) by redesignating clause (v) as clause
                          (iv); and
                        (B) in subparagraph (B)--
                              (i) in clause (ii), by adding ``and'' after
                          the semicolon;
                              (ii) in clause (iii), by striking ``; and''
                          and inserting a semicolon; and
                              (iii) by striking clause (iv); and
                (2) in section 722(b) of such Act (42 U.S.C. 292r(b))--
                        (A) in paragraph (1), by striking ``; and'' and
                    inserting a period;
                        (B) by striking paragraph (2); and
                        (C) by striking ``to a student--'' and all that
                    follows through ``who is in need'' and inserting ``to a
                    student who is in need''.

                          DIVISION S--VETERANS MATTERS

        TITLE I--RAISE <<NOTE: Department of Veterans Affairs Nurse and
     Physician Assistant Retention and Income Security Enhancement Act. 38
    USC 101 note.>>  ACT
    SEC. 101. SHORT TITLE.

        This title may be cited as the ``Department of Veterans Affairs
    Nurse and Physician Assistant Retention and Income Security Enhancement
    Act'' or the ``VA Nurse and Physician Assistant RAISE Act''.

    [[Page 136 STAT. 822]]

    SEC. 102. PAY FOR NURSES AND CERTAIN OTHER MEDICAL POSITIONS OF
                            THE DEPARTMENT OF VETERANS AFFAIRS.

        (a) Maximum Rate of Basic Pay.--Section 7451 of title 38, United
    States Code, is amended--
                (1) in subsection (a)(2)(C), by striking ``and physician
            assistant'' and inserting ``physician assistant, and
            podiatrist''; and
                (2) in subsection (c), by striking paragraph (2) and
            inserting the following:

        ``(2)(A) The maximum rate of basic pay for any grade for a covered
    position may not exceed--
                ``(i) in the case of an advanced practice nurse, the maximum
            rate of basic pay established for positions in level I of the
            Executive Schedule under section 5312 of title 5;
                ``(ii) in the case of a physician assistant, the maximum
            rate of basic pay established for positions in level I of the
            Executive Schedule under section 5312 of title 5;
                ``(iii) in the case of a registered nurse, the maximum rate
            of basic pay established for positions in level II of the
            Executive Schedule under section 5313 of title 5; and
                ``(iv) in the case of any other covered position, the
            maximum rate of basic pay established for positions in level IV
            of the Executive Schedule under section 5315 of title 5.

        ``(B) The maximum rate of basic pay for a grade for the position of
    certified registered nurse anesthetist pursuant to an adjustment under
    subsection (d) may exceed the maximum rate otherwise provided in
    subparagraph (A).''.
        (b) Registered Nurses and Physician Assistants Serving in Management
    Positions.--Section 7404 of such title is amended--
                (1) in subsection (a)(2)--
                        (A) by striking ``The pay of physicians'' and
                    inserting ``(A) The pay of physicians''; and
                        (B) by adding at the end the following new
                    subparagraph:

        ``(B) The basic pay of registered nurses and physician assistants
    serving in positions to which an Executive order applies under paragraph
    (1) may be determined under subchapter IV of this chapter instead of
    such Executive order. Such positions shall not otherwise be covered by
    such subchapter, except with respect to bonuses under section 7452 or
    7458 or special pay under subsection (g) of such section 7452.''; and
                (2) in subsection (e)--
                        (A) by inserting ``basic pay'' after ``paid''; and
                        (B) by striking ``rate established for the Senior
                    Executive Service under section 5382 of title 5'' and
                    inserting ``rates established under subchapter IV of
                    this chapter''.

              TITLE II--OUTDOOR INDUSTRY VETERANS CAREERS GAO STUDY

    SEC. 201. OUTDOOR INDUSTRY VETERANS CAREERS GAO STUDY.

        (a) Study Required.--The Comptroller General of the United States
    shall conduct a study on the use by veterans of educational assistance
    provided under laws administered by the Secretary of Veterans Affairs to
    pursue careers in outdoor recreation.

    [[Page 136 STAT. 823]]

        (b) Elements.--The study required by subsection (a) shall include
    the following:
                (1) Identification of opportunities for veterans to use
            educational assistance provided under laws administered by the
            Secretary of Veterans Affairs to pursue careers in outdoor
            recreation in the private sector and in the public sector.
                (2) Identification of any difficulties with using the
            educational assistance provided under laws administered by the
            Secretary to veterans to pursue careers in outdoor recreation in
            the private and public sector, including trained, apprentice,
            assistant, and certified guides.
                (3) <<NOTE: Assessment.>>  Assessment of the availability of
            opportunities for careers in outdoor recreation at the
            following:
                        (A) The Department of Agriculture.
                        (B) The Department of the Interior.
                        (C) The Army Corps of Engineers.
                        (D) The National Oceanic and Atmospheric
                    Administration.
                (4) Identification of any challenges veterans may have
            pursuing careers in outdoor recreation at the agencies list
            under paragraph (3).
                (5) Identification of options to increase opportunities for
            veterans to pursue careers in outdoor recreation at the agencies
            listed under paragraph (3).

        (c) Stakeholder Perspectives.--In conducting the study required by
    subsection (a), the Comptroller General shall obtain the perspectives of
    the outdoor recreation industry, veterans groups focusing on the
    outdoors, nongovernmental organizations, and other interested
    stakeholders.
        (d) Briefing and Report.--
                (1) Briefing.--Not later than 240 days after the date of the
            enactment of this Act, the Comptroller General shall provide the
            Committee on Veterans' Affairs of the Senate and the Committee
            on Veterans' Affairs of the House of Representatives a briefing
            on the study required by subsection (a).
                (2) Report.--After providing the briefing required by
            paragraph (1), the Comptroller General shall submit to the
            committees described in such paragraph a report on the findings
            of the Comptroller General with respect to the study completed
            under subsection (a).

        (e) Outdoor Recreation Defined.--In this section, the term ``outdoor
    recreation'' means recreational activities undertaken for pleasure
    that--
                (1) generally involve some level of intentional physical
            exertion; and
                (2) occur in nature-based environments outdoors.

    DIVISION T--CREDIT <<NOTE: Credit Union Governance Modernization Act of
    2022.>>  UNION GOVERNANCE MODERNIZATION ACT
    SEC. 101. <<NOTE: 12 USC 1751 note.>>  SHORT TITLE.

        This division may be cited as the ``Credit Union Governance
    Modernization Act of 2022''.

    [[Page 136 STAT. 824]]

    SEC. 102. EXPULSION OF FEDERAL CREDIT UNION MEMBERS FOR CAUSE.

        Section 118 of the Federal Credit Union Act (12 U.S.C. 1764) is
    amended--
                (1) in subsection (a)--
                        (A) by striking ``subsection (b)'' and inserting
                    ``subsections (b) and (c)''; and
                        (B) by striking ``him'' and inserting ``to the
                    member'' ;
                (2) by redesignating subsection (c) as subsection (d);
                (3) by inserting after subsection (b) the following:

        ``(c) Expulsion for Cause.--
                ``(1) <<NOTE: Regulation. Deadline. Time period.>>  In
            general.--Except as provided in subsections (a) and (b) of this
            section, a member may be expelled for cause by a two-thirds vote
            of a quorum of the directors of the Federal credit union
            pursuant to a policy which the National Credit Union
            Administration Board shall adopt, pursuant to a rulemaking, not
            later than the end of the 18-month period following the date of
            enactment of the Credit Union Governance Modernization Act of
            2022.
                ``(2) <<NOTE: Records.>>  Distribution of policy to
            members.--A Federal credit union may not expel a member pursuant
            to this subsection unless the Federal credit union has provided,
            in written or electronic form, a copy of the policy adopted by
            the National Credit Union Administration Board under paragraph
            (1) to each member of the Federal credit union.
                ``(3) Procedures.--
                        ``(A) Notification of pending expulsion.--If a
                    member will, subject to the policy adopted under
                    paragraph (1), be subject to expulsion, the member shall
                    be notified in advance of the expulsion, along with the
                    reason for such expulsion. Such notice shall be provided
                    in person, by mail to the member's address, or, if the
                    member has elected to receive electronic communications
                    from the Federal credit union, may be provided
                    electronically.
                        ``(B) Right to a hearing.--
                              ``(i) <<NOTE: Time period.>>  In general.--A
                          member shall have 60 days from the date of receipt
                          of a notification under subparagraph (A) to
                          request a hearing from the board of directors of
                          the Federal credit union.
                              ``(ii) Expulsion if no hearing.--If a member
                          does not request a hearing during the 60-day
                          period described under clause (i), the member
                          shall be expelled after the end of the 60-day
                          period.
                        ``(C) Hearing; vote on expulsion.--If a member
                    requests a hearing during the 60-day period described
                    under subparagraph (B)(i)--
                              ``(i) the board of directors of the Federal
                          credit union shall provide the member with a
                          hearing; and
                              ``(ii) after such hearing, the board of
                          directors of the Federal credit union shall hold a
                          vote in a timely manner on expelling the member.
                        ``(D) Notice of expulsion.--If a member is expelled
                    under subparagraph (B)(ii) or (C)(ii), notice of the
                    expulsion of the member shall be provided to the member
                    in person, by mail to the member's address, in written
                    form or, if

    [[Page 136 STAT. 825]]

                    the member has elected to receive electronic
                    communications from the Federal credit union, may be
                    provided electronically.
                ``(4) Reinstatement.--
                        ``(A) In general.--A member expelled under this
                    subsection--
                              ``(i) shall be given an opportunity to request
                          reinstatement of membership; and
                              ``(ii) may be reinstated by either--
                                        ``(I) a majority vote of a quorum of
                                    the directors of the Federal credit
                                    union; or
                                        ``(II) a majority vote of the
                                    members of the Federal credit union
                                    present at a meeting.
                        ``(B) Rule of construction.--Nothing in this
                    paragraph may be construed to require that an expelled
                    member be allowed to attend the meeting described in
                    subparagraph (A)(ii) in person.
                ``(5) Cause defined.--In this subsection, the term `cause'
            means--
                        ``(A) a substantial or repeated violation of the
                    membership agreement of the Federal credit union;
                        ``(B) a substantial or repeated disruption,
                    including dangerous or abusive behavior (as defined by
                    the National Credit Union Administration Board pursuant
                    to a rulemaking), to the operations of a Federal credit
                    union; or
                        ``(C) fraud, attempted fraud, or other illegal
                    conduct that a member has been convicted of in relation
                    to the Federal credit union, including the Federal
                    credit union's employees conducting business on behalf
                    of the Federal credit union.'';
                (4) in subsection (d), as so redesignated--
                        (A) by striking ``either subsection (a) or (b)'' and
                    inserting ``subsection (a), (b), or (c)''; and
                        (B) by striking ``him'' and inserting ``the
                    member''; and
                (5) by adding at the end the following:

        ``(e) No Authority to Expel Classes of Members.--An expulsion of a
    member pursuant to this section shall be done individually, on a case-
    by-case basis, and neither the Board nor any Federal credit union may
    expel a class of members.''.

        DIVISION U--ADJUSTABLE <<NOTE: Adjustable Interest Rate (LIBOR)
    Act. Contracts.>>  INTEREST RATE (LIBOR) ACT
    SEC. 101. <<NOTE: 12 USC 5801 note.>>  SHORT TITLE.

        This division may be cited as the ``Adjustable Interest Rate (LIBOR)
    Act''.
    SEC. 102. <<NOTE: 12 USC 5801.>>  FINDINGS AND PURPOSE.

        (a) Findings.--Congress finds that--
                (1) LIBOR is used as a benchmark rate in more than
            $200,000,000,000,000 worth of contracts worldwide;
                (2) a significant number of existing contracts that
            reference LIBOR do not provide for the use of a clearly defined
            or practicable replacement benchmark rate when LIBOR is
            discontinued; and

    [[Page 136 STAT. 826]]

                (3) the cessation or nonrepresentativeness of LIBOR could
            result in disruptive litigation related to existing contracts
            that do not provide for the use of a clearly defined or
            practicable replacement benchmark rate.

        (b) Purpose.--It is the purpose of this division--
                (1) to establish a clear and uniform process, on a
            nationwide basis, for replacing LIBOR in existing contracts the
            terms of which do not provide for the use of a clearly defined
            or practicable replacement benchmark rate, without affecting the
            ability of parties to use any appropriate benchmark rate in new
            contracts;
                (2) to preclude litigation related to existing contracts the
            terms of which do not provide for the use of a clearly defined
            or practicable replacement benchmark rate;
                (3) to allow existing contracts that reference LIBOR but
            provide for the use of a clearly defined and practicable
            replacement rate, to operate according to their terms; and
                (4) to address LIBOR references in Federal law.
    SEC. 103. <<NOTE: 12 USC 5802.>>  DEFINITIONS.

        In this division:
                (1) Benchmark.--The term ``benchmark'' means an index of
            interest rates or dividend rates that is used, in whole or in
            part, as the basis of or as a reference for calculating or
            determining any valuation, payment, or other measurement.
                (2) Benchmark administrator.--The term ``benchmark
            administrator'' means a person that publishes a benchmark for
            use by third parties.
                (3) Benchmark replacement.--The term ``benchmark
            replacement'' means a benchmark, or an interest rate or dividend
            rate (which may or may not be based in whole or in part on a
            prior setting of LIBOR), to replace LIBOR or any interest rate
            or dividend rate based on LIBOR, whether on a temporary,
            permanent, or indefinite basis, under or with respect to a LIBOR
            contract.
                (4) Benchmark replacement conforming changes.--The term
            ``benchmark replacement conforming changes'' means any
            technical, administrative, or operational changes, alterations,
            or modifications that--
                        (A) <<NOTE: Determination.>>  the Board determines,
                    in its discretion, would address 1 or more issues
                    affecting the implementation, administration, and
                    calculation of the Board-selected benchmark replacement
                    in LIBOR contracts; or
                        (B) solely with respect to a LIBOR contract that is
                    not a consumer loan, in the reasonable judgment of a
                    calculating person, are otherwise necessary or
                    appropriate to permit the implementation,
                    administration, and calculation of the Board-selected
                    benchmark replacement under or with respect to a LIBOR
                    contract after giving due consideration to any benchmark
                    replacement conforming changes under subparagraph (A).
                (5) Board.--The term ``Board'' means the Board of Governors
            of the Federal Reserve System.
                (6) Board-selected benchmark replacement.--The term ``Board-
            selected benchmark replacement'' means a benchmark replacement
            identified by the Board that is based on SOFR,

    [[Page 136 STAT. 827]]

            including any tenor spread adjustment pursuant to section
            104(e).
                (7) Calculating person.--The term ``calculating person''
            means, with respect to any LIBOR contract, any person, including
            the determining person, responsible for calculating or
            determining any valuation, payment, or other measurement based
            on a benchmark.
                (8) Consumer; credit.--The terms ``consumer'' and ``credit''
            have the meanings given the terms in section 103 of the Truth in
            Lending Act (15 U.S.C. 1602).
                (9) Consumer loan.--The term ``consumer loan'' means a
            consumer credit transaction.
                (10) Determining person.--The term ``determining person''
            means, with respect to any LIBOR contract, any person with the
            authority, right, or obligation, including on a temporary basis
            (as identified by the LIBOR contract or by the governing law of
            the LIBOR contract, as appropriate) to determine a benchmark
            replacement.
                (11) Fallback provisions.--The term ``fallback provisions''
            means terms in a LIBOR contract for determining a benchmark
            replacement, including any terms relating to the date on which
            the benchmark replacement becomes effective.
                (12) IBOR.--The term ``IBOR'' means LIBOR, any tenor of non-
            U.S. dollar currency rates formerly known as the London
            interbank offered rate as administered by ICE Benchmark
            Administration Limited (or any predecessor or successor
            administrator thereof), and any other interbank offered rates
            that are expected to cease.
                (13) IBOR benchmark replacement.--The term ``IBOR benchmark
            replacement'' means a benchmark, or an interest rate or dividend
            rate (which may or may not be based in whole or in part on a
            prior setting of an IBOR), to replace an IBOR or any interest
            rate or dividend rate based on an IBOR, whether on a temporary,
            permanent, or indefinite basis, under or with respect to an IBOR
            contract.
                (14) IBOR contract.--The term ``IBOR contract'' means any
            contract, agreement, indenture, organizational document,
            guarantee, mortgage, deed of trust, lease, security (whether
            representing debt or equity, including any interest in a
            corporation, a partnership, or a limited liability company),
            instrument, or other obligation or asset that, by its terms,
            continues in any way to use an IBOR as a benchmark.
                (15) LIBOR.--The term ``LIBOR''--
                        (A) means the overnight and 1-, 3-, 6-, and 12-month
                    tenors of U.S. dollar LIBOR (formerly known as the
                    London interbank offered rate) as administered by ICE
                    Benchmark Administration Limited (or any predecessor or
                    successor administrator thereof); and
                        (B) does not include the 1-week or 2-month tenors of
                    U.S. dollar LIBOR.
                (16) LIBOR contract.--The term ``LIBOR contract'' means any
            contract, agreement, indenture, organizational document,
            guarantee, mortgage, deed of trust, lease, security (whether
            representing debt or equity, including any interest in a
            corporation, a partnership, or a limited liability company),
            instrument, or other obligation or asset that, by its terms,
            uses LIBOR as a benchmark.

    [[Page 136 STAT. 828]]

                (17) LIBOR replacement date.--The term ``LIBOR replacement
            date'' means the first London banking day after June 30, 2023,
            unless the Board determines that any LIBOR tenor will cease to
            be published or cease to be representative on a different date.
                (18) Security.--The term ``security'' has the meaning given
            the term in section 2(a) of the Securities Act of 1933 (15
            U.S.C. 77b(a)).
                (19) SOFR.--The term ``SOFR'' means the Secured Overnight
            Financing Rate published by the Federal Reserve Bank of New York
            (or a successor administrator).
                (20) Tenor spread adjustment.--The term ``tenor spread
            adjustment'' means--
                        (A) 0.00644 percent for overnight LIBOR;
                        (B) 0.11448 percent for 1-month LIBOR;
                        (C) 0.26161 percent for 3-month LIBOR;
                        (D) 0.42826 percent for 6-month LIBOR; and
                        (E) 0.71513 percent for 12-month LIBOR.
    SEC. 104. <<NOTE: 12 USC 5803.>>  LIBOR CONTRACTS.

        (a) In General.--On the LIBOR replacement date, the Board-selected
    benchmark replacement shall be the benchmark replacement for any LIBOR
    contract that, after giving any effect to subsection (b)--
                (1) contains no fallback provisions; or
                (2) contains fallback provisions that identify neither--
                        (A) a specific benchmark replacement; nor
                        (B) a determining person.

        (b) Fallback Provisions.--On the LIBOR replacement date, any
    reference in the fallback provisions of a LIBOR contract to--
                (1) a benchmark replacement that is based in any way on any
            LIBOR value, except to account for the difference between LIBOR
            and the benchmark replacement; or
                (2) a requirement that a person (other than a benchmark
            administrator) conduct a poll, survey, or inquiries for quotes
            or information concerning interbank lending or deposit rates;

    shall be disregarded as if not included in the fallback provisions of
    such LIBOR contract and shall be deemed null and void and without any
    force or effect.
        (c) Authority of Determining Person.--
                (1) In general.--Subject to subsection (f)(2), a determining
            person may select the Board-selected benchmark replacement as
            the benchmark replacement.
                (2) Selection.--Any selection by a determining person of the
            Board-selected benchmark replacement pursuant to paragraph (1)
            shall be--
                        (A) irrevocable;
                        (B) made by the earlier of the LIBOR replacement
                    date and the latest date for selecting a benchmark
                    replacement according to the terms of the LIBOR
                    contract; and
                        (C) used in any determinations of the benchmark
                    under or with respect to the LIBOR contract occurring on
                    and after the LIBOR replacement date.
                (3) No selection.--If a determining person does not select a
            benchmark replacement by the date specified in paragraph (2)(B),
            the Board-selected benchmark replacement, on and after

    [[Page 136 STAT. 829]]

            the LIBOR replacement date, shall be the benchmark replacement
            for the LIBOR contract.

        (d) Conforming Changes.--
                (1) In general.--If the Board-selected benchmark replacement
            becomes the benchmark replacement for a LIBOR contract pursuant
            to subsection (a) or (c), all benchmark replacement conforming
            changes shall become an integral part of the LIBOR contract.
                (2) No consent required.--A calculating person shall not be
            required to obtain consent from any other person prior to the
            adoption of benchmark replacement conforming changes.

        (e) Adjustment by Board.--
                (1) In general.--Except as provided in paragraph (2), on the
            LIBOR replacement date, the Board shall adjust the Board-
            selected benchmark replacement for each category of LIBOR
            contract that the Board may identify to include the relevant
            tenor spread adjustment.
                (2) Consumer loans.--For LIBOR contracts that are consumer
            loans, the Board shall adjust the Board-selected benchmark
            replacement as follows:
                        (A) <<NOTE: Time period.>>  During the 1-year period
                    beginning on the LIBOR replacement date, incorporate an
                    amount, to be determined for any business day during
                    that period, that transitions linearly from the
                    difference between the Board-selected benchmark
                    replacement and the corresponding LIBOR tenor determined
                    as of the day immediately before the LIBOR replacement
                    date to the relevant tenor spread adjustment.
                        (B) On and after the date that is 1 year after the
                    LIBOR replacement date, incorporate the relevant tenor
                    spread adjustment.

        (f) Rule of Construction.--Nothing in this division may be construed
    to alter or impair--
                (1) any written agreement specifying that a LIBOR contract
            shall not be subject to this division;
                (2) except as provided in subsection (b), any LIBOR contract
            that contains fallback provisions that identify a benchmark
            replacement that is not based in any way on any LIBOR value
            (including the prime rate or the effective Federal funds rate);
                (3) except as provided in subsection (b) or (c)(3), any
            LIBOR contract subject to subsection (c)(1) as to which a
            determining person does not elect to use a Board-selected
            benchmark replacement pursuant to that subsection;
                (4) the application to a Board-selected benchmark
            replacement of any cap, floor, modifier, or spread adjustment to
            which LIBOR had been subject pursuant to the terms of a LIBOR
            contract;
                (5) any provision of Federal consumer financial law that--
                        (A) requires creditors to notify borrowers regarding
                    a change-in-terms; or
                        (B) governs the reevaluation of rate increases on
                    credit card accounts under open-ended (not home-secured)
                    consumer credit plans; or
                (6) except as provided in section 105(c), the rights or
            obligations of any person, or the authorities of any agency,
            under Federal consumer financial law, as defined in section 1002

    [[Page 136 STAT. 830]]

            of the Consumer Financial Protection Act of 2010 (12 U.S.C.
            5481).
    SEC. 105. <<NOTE: 12 USC 5804.>>  CONTINUITY OF CONTRACT AND SAFE
                            HARBOR.

        (a) In General.--A Board-selected benchmark replacement and the
    selection or use of a Board-selected benchmark replacement as a
    benchmark replacement under or with respect to a LIBOR contract, and any
    benchmark replacement conforming changes, shall constitute--
                (1) a commercially reasonable replacement for and a
            commercially substantial equivalent to LIBOR;
                (2) a reasonable, comparable, or analogous rate, index, or
            term for LIBOR;
                (3) a replacement that is based on a methodology or
            information that is similar or comparable to LIBOR;
                (4) substantial performance by any person of any right or
            obligation relating to or based on LIBOR; and
                (5) a replacement that has historical fluctuations that are
            substantially similar to those of LIBOR for purposes of the
            Truth in Lending Act (15 U.S.C. 1601 note) and regulations
            promulgated under that division.

        (b) No Impairment.--Neither the selection or use of a Board-selected
    benchmark replacement as a benchmark replacement nor the determination,
    implementation, or performance of benchmark replacement conforming
    changes under section 104 may--
                (1) be deemed to impair or affect the right of any person to
            receive a payment, or to affect the amount or timing of such
            payment, under any LIBOR contract; or
                (2) have the effect of--
                        (A) discharging or excusing performance under any
                    LIBOR contract for any reason, claim, or defense
                    (including any force majeure or other provision in any
                    LIBOR contract);
                        (B) giving any person the right to unilaterally
                    terminate or suspend performance under any LIBOR
                    contract;
                        (C) constituting a breach of any LIBOR contract; or
                        (D) voiding or nullifying any LIBOR contract.

        (c) Safe Harbor.--No person shall be subject to any claim or cause
    of action in law or equity or request for equitable relief, or have
    liability for damages, arising out of--
                (1) the selection or use of a Board-selected benchmark
            replacement;
                (2) the implementation of benchmark replacement conforming
            changes; or
                (3) with respect to a LIBOR contract that is not a consumer
            loan, the determination of benchmark replacement conforming
            changes,

    in each case after giving effect to the provisions of section 104;
    provided, however, that in each case any person (including a calculating
    person) shall remain subject to the terms of a LIBOR contract that are
    not affected by this division and any existing legal, regulatory, or
    contractual obligations to correct servicing or other ministerial errors
    under or with respect to a LIBOR contract.
        (d) Selection.--The selection or use of a Board-selected benchmark
    replacement or the determination, implementation, or performance of
    benchmark replacement conforming changes under section 104 shall not be
    deemed to--

    [[Page 136 STAT. 831]]

                (1) be an amendment or modification of any LIBOR contract;
            or
                (2) prejudice, impair, or affect the rights, interests, or
            obligations of any person under or with respect to any LIBOR
            contract.

        (e) No Negative Inference.--Except as provided in subsections (a),
    (b), or (c)(1) of section 104, nothing in this division may be construed
    to create any negative inference or negative presumption regarding the
    validity or enforceability of--
                (1) any benchmark replacement (including any method for
            calculating, determining, or implementing an adjustment to the
            benchmark replacement to account for any historical differences
            between LIBOR and the benchmark replacement) that is not a
            Board-selected benchmark replacement; or
                (2) any changes, alterations, or modifications to or with
            respect to a LIBOR contract that are not benchmark replacement
            conforming changes.
    SEC. 106. <<NOTE: 12 USC 5805.>>  BENCHMARK FOR LOANS.

        (a) Definitions.--In this section:
                (1) Bank.--The term ``bank'' means an institution subject to
            examination by a Federal financial institutions regulatory
            agency.
                (2) Covered action.--The term ``covered action'' means--
                        (A) the initiation by a Federal supervisory agency
                    of an enforcement action, including the issuance of a
                    cease-and-desist order; or
                        (B) the issuance by a Federal supervisory agency of
                    a matter requiring attention, a matter requiring
                    immediate attention; or a matter requiring board
                    attention resulting from a supervisory activity
                    conducted by the Federal supervisory agency.
                (3) Federal financial institutions regulatory agency.--The
            term ``Federal financial institutions regulatory agencies'' has
            the meaning given the term in section 1003 of the Federal
            Financial Institutions Examination Council Act of 1978 (12
            U.S.C. 3302).
                (4) Federal supervisory agency.--The term ``Federal
            supervisory agency'' means an agency listed in subparagraphs (A)
            through (H) of section 1101(7) of the Right to Financial Privacy
            Act of 1978 (12 U.S.C. 3401(7)).
                (5) Non-IBOR loan.--The term ``non-IBOR loan'' means any
            loan that, by its terms, does not use in any way LIBOR, any
            tenor of non-U.S. dollar currency rates formerly known as the
            London interbank offered rate as administered by ICE Benchmark
            Administration Limited (or any predecessor or successor
            administrator thereof), and any other interbank offered rates
            that are expected to cease, as a benchmark.

        (b) Benchmarks Used by Banks.--With respect to a benchmark used by a
    bank--
                (1) the bank, in any non-IBOR loan made before, on, or after
            the date of enactment of this Act, may use any benchmark,
            including a benchmark that is not SOFR, that the bank determines
            to be appropriate for the funding model of the bank; the needs
            of the customers of the bank; and the products, risk profile,
            risk management capabilities, and operational capabilities of
            the bank; provided, however, that the use of

    [[Page 136 STAT. 832]]

            any benchmark shall remain subject to the terms of the non-IBOR
            loan, and applicable law; and
                (2) no Federal supervisory agency may take any covered
            action against the bank solely because that benchmark is not
            SOFR.
    SEC. 107. <<NOTE: 12 USC 5806.>>  PREEMPTION.

        This division, and regulations promulgated under this division,
    shall supersede any provision of any State or local law, statute, rule,
    regulation, or standard--
                (1) relating to the selection or use of a benchmark
            replacement or related conforming changes; or
                (2) expressly limiting the manner of calculating interest,
            including the compounding of interest, as that provision applies
            to the selection or use of a Board-selected benchmark
            replacement or benchmark replacement conforming changes.
    SEC. 108. TRUST INDENTURE ACT OF 1939.

        Section 316(b) of the Trust Indenture Act of 1939 (15 U.S.C.
    77ppp(b)) is amended--
                (1) by striking ``, except as'' and inserting ``, except--
                ``(1) as'';
                (2) in paragraph (1), as so designated, by striking ``(a),
            and except that'' and inserting ``(a);
                ``(2) that'';
                (3) in paragraph (2), as so designated, by striking the
            period at the end and inserting ``; and''; and
                (4) by adding at the end the following:
                ``(3) that the right of any holder of any indenture security
            to receive payment of the principal of and interest on such
            indenture security shall not be deemed to be impaired or
            affected by any change occurring by the application of section
            104 of the Adjustable Interest Rate (LIBOR) Act to any indenture
            security.''.
    SEC. 109. AMENDMENT TO THE HIGHER EDUCATION ACT OF 1965.

        Section 438(b)(2)(I) of the Higher Education Act of 1965 (20 U.S.C.
    1087-1(b)(2)(I)) is amended by adding at the end the following:
                              ``(viii) Revised calculation rule to address
                          instances where 1-month usd libor ceases or is
                          non-representative.--
                                        ``(I) Substitute reference index.--
                                    The provisions of this clause apply to
                                    loans for which the special allowance
                                    payment would otherwise be calculated
                                    pursuant to clause (vii).
                                        ``(II) Calculation based on sofr.--
                                    For loans described in subclause (III)
                                    or (IV), the special allowance payment
                                    described in this subclause shall be
                                    substituted for the payment provided
                                    under clause (vii). For each calendar
                                    quarter, the formula for computing the
                                    special allowance that would otherwise
                                    apply under clause (vii) shall be
                                    revised by substituting `of the quotes
                                    of the 30-day Average Secured Overnight
                                    Financing Rate (SOFR) in effect for each
                                    of the days in such quarter as published
                                    by the Federal Reserve Bank of New York
                                    (or a successor administrator),

    [[Page 136 STAT. 833]]

                                    adjusted daily by adding the tenor
                                    spread adjustment, as that term is
                                    defined in the Adjustable Interest Rate
                                    (LIBOR) Act, for 1-month LIBOR contracts
                                    of 0.11448 percent' for `of the 1-month
                                    London Inter Bank Offered Rate (LIBOR)
                                    for United States dollars in effect for
                                    each of the days in such quarter as
                                    compiled and released by the British
                                    Bankers Association'. The special
                                    allowance calculation for loans subject
                                    to clause (vii) shall otherwise remain
                                    in effect.
                                        ``(III) Loans eligible for sofr-
                                    based calculation.--
                                    Except <<NOTE: Applicability. Notificatio
                                    n. Waiver.>>  as provided in subclause
                                    (IV), the special allowance payment
                                    calculated under subclause (II) shall
                                    apply to all loans for which the holder
                                    (or, if the holder acts as an eligible
                                    lender trustee for the beneficial owner
                                    of the loan, the beneficial owner of the
                                    loan) at any time after the effective
                                    date of this clause notifies the
                                    Secretary that the holder or beneficial
                                    owner affirmatively and permanently
                                    elects to waive all contractual,
                                    statutory, or other legal rights to a
                                    special allowance paid under clause
                                    (vii) or to the special allowance paid
                                    pursuant to any other formula that was
                                    previously in effect with respect to
                                    such loan, and accepts the rate
                                    described in subclause (II). Any such
                                    waiver shall apply to all loans then
                                    held, or to be held from time to time,
                                    by such holder or beneficial owner;
                                    provided that, due to the need to obtain
                                    the approval of, demonstrated to the
                                    satisfaction of the Secretary--
                                                ``(aa) one or more third
                                            parties with a legal or
                                            beneficial interest in loans
                                            eligible for the SOFR-based
                                            calculation; or
                                                ``(bb) a nationally
                                            recognized rating organization
                                            assigning a rating to a
                                            financing secured by loans
                                            otherwise eligible for the SOFR-
                                            based calculation,
                                    the holder of the loan (or, if the
                                    holder acts as an eligible lender
                                    trustee for the beneficial owner of the
                                    loan, the beneficial owner of the loan)
                                    may elect to apply the rate described in
                                    subclause (II) to specified loan
                                    portfolios established for financing
                                    purposes by separate notices with
                                    different effective dates. The special
                                    allowance rate based on SOFR shall be
                                    effective with respect to a portfolio as
                                    of the first day of the calendar quarter
                                    following the applicable effective date
                                    of the waiver received by the Secretary
                                    from the holder or beneficial owner and
                                    shall permanently and irrevocably
                                    continue for all subsequent quarters.
                                        ``(IV) Fallback provisions.--
                                                ``(aa) In the event that a
                                            holder or beneficial owner has
                                            not elected to waive its rights
                                            to a special allowance payment
                                            under clause (vii) with respect
                                            to a portfolio with an effective
                                            date of the waiver prior to the
                                            first of--

    [[Page 136 STAT. 834]]

                                                    ``(AA) the date on which
                                                the ICE Benchmark
                                                Administration (`IBA') has
                                                permanently or indefinitely
                                                stopped providing the 1-
                                                month United States Dollar
                                                LIBOR (`1-month USD LIBOR')
                                                to the general public;
                                                    ``(BB) the effective
                                                date of an official public
                                                statement by the IBA or its
                                                regulator that the 1-month
                                                USD LIBOR is no longer
                                                reliable or no longer
                                                representative; or
                                                    ``(CC) the LIBOR
                                                replacement date, as defined
                                                in section 103 of the
                                                Adjustable Interest Rate
                                                (LIBOR) Act,
                                            the special allowance rate
                                            calculation as described in
                                            subclause (II) shall, by
                                            operation of law, apply to all
                                            loans in such portfolio.
                                                ``(bb) In such event--
                                                    ``(AA) the last
                                                determined rate of special
                                                allowance based on 1-month
                                                USD LIBOR will continue to
                                                apply until the end of the
                                                then current calendar
                                                quarter; and
                                                    ``(BB) the special
                                                allowance rate calculation
                                                as described in subclause
                                                (II) shall become effective
                                                as of the first day of the
                                                following calendar quarter
                                                and remain in effect for all
                                                subsequent calendar
                                                quarters.''.
    SEC. 110. <<NOTE: Deadline. 12 USC 5807.>>  RULEMAKING.

        Not later than 180 days after the date of enactment of this Act, the
    Board shall promulgate regulations to carry out this division.

        DIVISION V--HAITI <<NOTE: Haiti Development, Accountability, and
           Institutional Transparency Initiative Act.>>  DEVELOPMENT,
    ACCOUNTABILITY, AND INSTITUTIONAL TRANSPARENCY INITIATIVE ACT
    SEC. 101. <<NOTE: 22 USC 2151 note.>>  SHORT TITLE.

        This division may be cited as the ``Haiti Development,
    Accountability, and Institutional Transparency Initiative Act''.
    SEC. 102. <<NOTE: 22 USC 2151 note.>>  STATEMENT OF POLICY.

        It is the policy of the United States to support the sustainable
    rebuilding and development of Haiti in a manner that--
                (1) recognizes Haitian independence, self-reliance, and
            sovereignty;
                (2) promotes efforts that are led by and support the people
            and Government of Haiti at all levels so that Haitians lead the
            course of reconstruction and development of Haiti;
                (3) contributes to international efforts to facilitate
            conditions for broad, inclusive, and sustained political
            dialogue among the different actors in Haiti to restore
            democratic legitimacy and institutions in Haiti;

    [[Page 136 STAT. 835]]

                (4) builds the long-term capacity of the Government of
            Haiti, civil society, and the private sector to foster economic
            opportunities in Haiti;
                (5) fosters collaboration between the Haitian diaspora in
            the United States, including dual citizens of Haiti and the
            United States, and the Government of Haiti and the business
            community in Haiti;
                (6) supports anticorruption efforts, promotes press freedom,
            and addresses human rights concerns, including through the
            enforcement of sanctions imposed in accordance with the Global
            Magnitsky Human Rights Accountability Act (subtitle F of title
            XII of Public Law 114-328; 22 U.S.C. 2656 note) on individuals
            implicated in human rights violations and corruption;
                (7) respects and helps restore the natural resources of
            Haiti and strengthens community-level resilience to
            environmental and weather-related impacts;
                (8) promotes political stability through the holding of
            free, fair, transparent, and timely elections in accordance with
            democratic principles and the Constitution of Haiti;
                (9) provides timely and comprehensive reporting on the goals
            and progress of the Government of Haiti and the United States
            Government, and transparent post-program evaluations and
            contracting data; and
                (10) promotes the participation of Haitian women and youth
            in governmental and nongovernmental institutions and in economic
            development and governance assistance programs funded by the
            United States.
    SEC. 103. DEFINITION OF APPROPRIATE CONGRESSIONAL COMMITTEES.

        In this division, the term ``appropriate congressional committees''
    means--
                (1) the Committee on Foreign Relations and the Committee on
            Appropriations of the Senate; and
                (2) the Committee on Foreign Affairs and the Committee on
            Appropriations of the House of Representatives.
    SEC. 104. STRENGTHENING HUMAN RIGHTS AND ANTICORRUPTION EFFORTS IN
                            HAITI AND HOLDING PERPETRATORS OF THE LA
                            SALINE MASSACRE ACCOUNTABLE.

        (a) Prioritization by Secretary of State.--The Secretary of State
    shall prioritize the protection of human rights and anticorruption
    efforts in Haiti through the following methods:
                (1) Fostering strong relationships with independent civil
            society groups focused on monitoring corruption and human rights
            abuses and promoting democracy in Haiti.
                (2) Supporting the efforts of the Government of Haiti to
            identify persons involved in human rights violations and
            significant acts of corruption in Haiti, including public and
            private sector actors, and hold them accountable for their
            actions.
                (3) Addressing concerns of impunity for the alleged
            perpetrators of and the individuals who organized and planned
            the massacre in La Saline that took place on November 13, 2018.
                (4) Urging authorities to continue to investigate attacks in
            the neighborhoods of La Saline and Bel Air in 2018 and 2019 that
            left dozens dead in order to bring the perpetrators to justice.

    [[Page 136 STAT. 836]]

        (b) Briefing.--
                (1) <<NOTE: Deadline.>>  In general.--Not later than 180
            days after the date of the enactment of this Act, the Secretary
            shall brief the appropriate congressional committees on the
            events that took place on November 13, 2018, in the neighborhood
            of La Saline, in Port-au-Prince, Haiti, and the aftermath of
            those events.
                (2) Elements.--The briefing required by paragraph (1) shall
            include the following:
                        (A) <<NOTE: Examination.>>  An examination of any
                    links between the massacre in La Saline and mass
                    protests that occurred concurrently in Haiti.
                        (B) <<NOTE: Analysis.>>  An analysis of the reports
                    on the massacre in La Saline authored by the United
                    Nations, the European Union, and the Government of
                    Haiti.
                        (C) A detailed description of all known perpetrators
                    of and the individuals who organized and planned the
                    massacre.
                        (D) An overview of efforts of the Government of
                    Haiti to bring the perpetrators of and the individuals
                    who organized and planned the massacre in La Saline to
                    justice and to prevent other similar attacks.
                        (E) <<NOTE: Assessment.>>  An assessment of the
                    ensuing treatment and displacement of the survivors of
                    the massacre in La Saline.
                (3) Consultation.--In carrying out paragraph (1), the
            Secretary shall consult with nongovernmental organizations in
            Haiti and the United States.
    SEC. 105. PROMOTING FREEDOM OF THE PRESS AND ASSEMBLY IN HAITI.

        The Secretary of State shall prioritize the promotion of freedom of
    the press and freedom of assembly and the protection of journalists in
    Haiti through the following methods:
                (1) Advocating to Haitian authorities for increased
            protection for journalists and the press and for the freedom to
            peacefully assemble or protest in Haiti.
                (2) Collaborating with officials of the Government of Haiti
            and representatives of civil society to increase legal
            protections for journalists in Haiti.
                (3) Supporting efforts to strengthen transparency in the
            public and private sectors in Haiti and access to information in
            Haiti.
                (4) Using United States foreign assistance for programs to
            strengthen capacity for independent journalists and increase
            support for investigative journalism in Haiti.
    SEC. 106. SUPPORTING POST-EARTHQUAKE, POST-HURRICANE, AND POST-
                            COVID-19 RECOVERY AND DEVELOPMENT IN
                            HAITI.

        The <<NOTE: Coordination.>>  Secretary of State, in coordination
    with the Administrator of the United States Agency for International
    Development, shall prioritize post-earthquake, post-hurricane, and post-
    COVID-19 recovery and development efforts in Haiti through the following
    methods:
                (1) Collaborating with the Government of Haiti on a detailed
            and transparent development plan that includes clear objectives
            and benchmarks.
                (2) Building the capacity of Haitian-led public, private,
            and nongovernmental sector institutions in Haiti through post-

    [[Page 136 STAT. 837]]

            earthquake and post-hurricane recovery and development planning.
                (3) <<NOTE: Assessment.>>  Assessing the impact of the
            recovery efforts of the United States and the international
            community in Haiti since January 2010.
                (4) Supporting disaster resilience and reconstruction
            efforts.
                (5) Addressing the underlying causes of poverty and
            inequality.
                (6) Improving access to--
                        (A) health resources;
                        (B) public health technical assistance; and
                        (C) clean water, food, and shelter.
                (7) <<NOTE: Assessment. Evaluation.>>  Assessing the impact
            of the COVID-19 pandemic on post-disaster recovery efforts and
            evaluating United States support needed to help with the
            pandemic response in Haiti.
                (8) Supporting--
                        (A) the export of additional United States-produced
                    COVID-19 vaccine doses to Haiti; and
                        (B) the safe storage, transport, and end-to-end
                    distribution of United States-produced COVID-19 vaccines
                    throughout Haiti, in light of ongoing humanitarian
                    access challenges presented by Haiti's security
                    environment.
    SEC. 107. REPORT ON DEVELOPMENTS IN HAITI.

        (a) <<NOTE: Coordination.>>  In General.--Not later than 180 days
    after the date of the enactment of this Act, the Secretary of State, in
    coordination with the Administrator of the United States Agency for
    International Development (in this section referred to as the
    ``Administrator'') and other relevant agencies and departments, shall
    submit to the appropriate congressional committees a report on
    developments in Haiti.

        (b) Elements.--The report required by subsection (a) shall include
    the following:
                (1) <<NOTE: Strategy.>>  A strategy for carrying out
            sections 104(a), 105, and 106 of this division, including
            established baselines, benchmarks, and indicators to measure
            outcomes and impact.
                (2) <<NOTE: Assessment.>>  An assessment of major corruption
            committed among the public and private sectors in Haiti,
            including identification of any individual or entity that
            financed corruption activities, and all corruption prosecutions
            investigated by the judiciary of Haiti since January 2015.
                (3) An overview of efforts of the Government of Haiti to
            address corruption, including the Petrocaribe scandal, and
            corrective measures to strengthen and restore trust in the
            public institutions of Haiti.
                (4) A description of efforts of the United States Government
            to consult and engage with officials of the Government of Haiti
            and independent civil society groups focused on monitoring
            corruption and human rights abuses and promoting democracy and
            press freedom in Haiti since January 2015.
                (5) A description of the response by the Government of Haiti
            to civic protests that have taken place since July 2018 and any
            allegations of human rights abuses, including attacks on
            journalists.
                (6) <<NOTE: Assessment.>>  An assessment of United States
            security assistance to Haiti, including United States support to
            the Haitian

    [[Page 136 STAT. 838]]

            National Police and an assessment of compliance with section
            620M of the Foreign Assistance Act of 1961 (22 U.S.C. 2378d) and
            section 362 of title 10, United States Code (commonly referred
            to as the ``Leahy Laws'').
                (7) A description of the efforts of the Government of Haiti
            to support displaced survivors of urban and gang violence.
                (8) <<NOTE: Assessment.>>  An assessment of United States
            interagency efforts to counter kidnapping and armed violence in
            Haiti.
                (9) <<NOTE: Assessment.>>  An assessment of the impact of
            presidential decrees on the health of Haiti's democratic
            institutions and the safeguarding of human rights, including
            decrees relating to--
                        (A) reducing the authority of the Superior Court of
                    Accounts and Administrative Litigation;
                        (B) promulgating an antiterrorism law;
                        (C) establishing the National Intelligence Agency;
                    and
                        (D) retiring and subsequently appointing judges to
                    the Supreme Court of Haiti.
                (10) <<NOTE: Review.>>  A review of the alleged coup against
            President Moise on February 7, 2021, and subsequent arrest and
            jailings of alleged perpetrators.
                (11) <<NOTE: Analysis.>>  An analysis, conducted in
            collaboration with the Government of Haiti, of efforts to
            support development goals in Haiti since January 2015, including
            steps taken--
                        (A) to strengthen institutions at the national and
                    local levels; and
                        (B) to strengthen democratic governance at the
                    national and local levels.
                (12) <<NOTE: Analysis.>>  An analysis of the effectiveness
            and sustainability of development projects financed by the
            United States, including the Caracol Industrial Park and
            supporting infrastructure.
                (13) A description of procurement from Haitian small- and
            medium-sized businesses and nongovernmental organizations by the
            Government of the United States and the Government of Haiti for
            development and humanitarian activities, disaggregated by year
            since 2015, and a description of efforts to increase local
            procurement, including food aid.
                (14) A description of United States efforts since January
            2015 to assist the Haitian people in their pursuits for free,
            fair, and timely democratic elections.
                (15) An overview of United States efforts to cooperate with
            diplomatic partners in Latin America, the Caribbean, Canada, and
            Europe to engage with political leaders, civil society, the
            private sector, and underrepresented populations in Haiti to
            support a stable environment conducive to holding free and fair
            elections.
                (16) <<NOTE: Assessment.>>  Quantitative and qualitative
            indicators to assess progress and benchmarks for United States
            initiatives focused on sustainable development in Haiti,
            including democracy assistance, economic revitalization, natural
            disaster recovery, pandemic response, resilience, energy and
            infrastructure, health, and food security.

        (c) Consultation.--In preparing the report required by subsection
    (a), the Secretary and the Administrator shall consult, as appropriate,
    with--
                (1) nongovernmental organizations and civil society groups
            in Haiti and the United States; and
                (2) the Government of Haiti.

    [[Page 136 STAT. 839]]

        (d) <<NOTE: Web posting.>>  Public Availability.--The Secretary
    shall make the report required by subsection (a) publicly available on
    the website of the Department of State.
    SEC. 108. <<NOTE: Coordination.>>  REPORT ON THE ASSASSINATION OF
                            PRESIDENT JOVENEL MOISE.

        (a) In General.--Not later than 90 days after the date of the
    enactment of this Act, the Secretary of State, in coordination with the
    Attorney General, the Secretary of Homeland Security, and the Director
    of the Central Intelligence Agency, shall submit to the Committee on
    Foreign Relations of the Senate and the Committee on Foreign Affairs of
    the House of Representatives a report on the July 7, 2021, assassination
    of former President of Haiti Jovenel Moise.
        (b) Updated Report.--Not later than 180 days after the submission of
    the report required by subsection (a), the Secretary of State, in
    coordination with the Attorney General, the Secretary of Homeland
    Security, and the Director of the Central Intelligence Agency, shall
    submit to the Committee on Foreign Relations of the Senate and the
    Committee on Foreign Affairs of the House of Representatives an updated
    version of the report that includes any significant developments related
    to the assassination of former President of Haiti Jovenel Moise.
        (c) Elements.--The report required by subsection (a) and the report
    required by subsection (b) shall each include the following elements:
                (1) A detailed description of the events leading up to the
            assassination of former President Jovenel Moise and the
            subsequent investigation of the assassination, including a
            description and identification of key dates and the names of
            foreign persons related to the assassination and the
            investigation of the assassination.
                (2) A description of United States support for the efforts
            of Haitian authorities to investigate the assassination of
            former President Jovenel Moise.
                (3) <<NOTE: Assessment.>>  An assessment of the independence
            and capacity of Haitian authorities to investigate the
            assassination of former President Jovenel Moise, including
            analysis of significant advances and deficiencies of the
            investigation.
                (4) A description of any threats and acts of intimidation
            against Haitian law enforcement and judicial authorities
            involved in the investigation of the assassination of former
            President Jovenel Moise, including the identification of foreign
            persons involved in such threats and acts of intimidation.
                (5) A description of any efforts to interfere in or
            undermine the independence and integrity of the investigation of
            the assassination of former President Jovenel Moise.
                (6) A description of whether any foreign persons previously
            employed by or who served as a contractor or informant for the
            United States Government were involved in the assassination of
            former President Jovenel Moise.
                (7) A description and the identification of foreign persons
            involved in the execution and planning of the assassination of
            former President Jovenel Moise and an assessment of the
            intentions of such foreign persons.

        (d) Form of Report.--The report required by subsection (a) and the
    updated report required by subsection (b) shall each be

    [[Page 136 STAT. 840]]

    submitted in an unclassified form, but each may include a classified
    annex.
        (e) <<NOTE: Web posting. Deadlines.>>  Publication.--The Secretary
    of State shall post on the public website of the Department of State--
                (1) the unclassified version of the report required by
            subsection (a) not later than 15 days after the date on which
            the report is submitted under such subsection; and
                (2) the unclassified version of the report required by
            subsection (b) not later than 15 days after the date on which
            the report is submitted under such subsection.

        (f) <<NOTE: Deadlines.>>  Briefing Requirement.--The Secretary of
    State, in coordination with the Attorney General, the Secretary of
    Homeland Security, and the Director of the Central Intelligence Agency,
    shall brief the Committee on Foreign Relations of the Senate and the
    Committee on Foreign Affairs of the House of Representatives on--
                (1) the contents of the report required by subsection (a)
            not later than 15 days after the date on which the report is
            submitted under such subsection; and
                (2) the contents of the report required by subsection (b)
            not later than 15 days after the date on which the report is
            submitted under such subsection.
    SEC. 109. REPEAL.

        The Assessing Progress in Haiti Act of 2014 (22 U.S.C. 2151 note;
    Public Law 113-162) is repealed.
    SEC. 110. <<NOTE: 22 USC 2151 note.>>  TERMINATION.

        This division shall terminate on December 31, 2025.

      DIVISION W <<NOTE: Violence Against Women Act Reauthorization Act of
    2022.>> --VIOLENCE AGAINST WOMEN ACT REAUTHORIZATION ACT OF 2022
    SEC. 1. <<NOTE: 34 USC 10101 note.>>  SHORT TITLE.

        This Act may be cited as the ``Violence Against Women Act
    Reauthorization Act of 2022''.
    SEC. 2. UNIVERSAL DEFINITIONS AND GRANT CONDITIONS.

        (a) In General.--Section 40002 of the Violence Against Women Act of
    1994 (34 U.S.C. 12291) is amended--
                (1) in subsection (a)--
                        (A) in the matter preceding paragraph (1), by
                    striking ``In this title'' and inserting ``In this
                    title, for the purpose of grants authorized under this
                    title'';
                        (B) by redesignating paragraphs (43) through (45) as
                    paragraphs (50) through (52), respectively;
                        (C) by redesignating paragraphs (34) through (42) as
                    paragraphs (41) through (49), respectively;
                        (D) by redesignating paragraphs (26) through (33) as
                    paragraphs (32) through (39), respectively;
                        (E) by redesignating paragraphs (18) through (25) as
                    paragraphs (23) through (30), respectively;
                        (F) by redesignating paragraphs (16) and (17) as
                    paragraphs (22) and (21), respectively, and transferring
                    paragraph (22), as so redesignated, so as to appear
                    before paragraph (23), as so redesignated;

    [[Page 136 STAT. 841]]

                        (G) by redesignating paragraphs (12) through (15) as
                    paragraphs (17) through (20), respectively;
                        (H) by redesignating paragraph (11) as paragraph
                    (14);
                        (I) by redesignating paragraphs (9) and (10) as
                    paragraphs (10) and (11), respectively;
                        (J) by redesignating paragraph (8) as paragraph
                    (12), and transferring it to appear after paragraph
                    (11), as so redesignated;
                        (K) by redesignating paragraphs (6) and (7) as
                    paragraphs (8) and (9), respectively;
                        (L) by redesignating paragraph (2) as paragraph (7),
                    and transferring it to appear before paragraph (8), as
                    so redesignated;
                        (M) by redesignating paragraphs (4) and (5) as
                    paragraphs (5) and (4), respectively, and transferring
                    paragraph (4), as so redesignated, so as to appear after
                    paragraph (3);
                        (N) by redesignating paragraph (1) as paragraph (2);
                        (O) by inserting before paragraph (2), as so
                    redesignated, the following:
                ``(1) Abuse in later life .--The term `abuse in later
            life'--
                        ``(A) means--
                              ``(i) neglect, abandonment, economic abuse, or
                          willful harm of an adult aged 50 or older by an
                          individual in an ongoing relationship of trust
                          with the victim; or
                              ``(ii) domestic violence, dating violence,
                          sexual assault, or stalking of an adult aged 50 or
                          older by any individual; and
                        ``(B) does not include self-neglect.'';
                        (P) by inserting after paragraph (5), as so
                    redesignated, the following:
                ``(6) Court-based personnel; court-related personnel.--The
            terms `court-based personnel' and `court-related personnel' mean
            individuals working in the court, whether paid or volunteer,
            including--
                        ``(A) clerks, special masters, domestic relations
                    officers, administrators, mediators, custody evaluators,
                    guardians ad litem, lawyers, negotiators, probation,
                    parole, interpreters, victim assistants, victim
                    advocates, and judicial, administrative, or any other
                    professionals or personnel similarly involved in the
                    legal process;
                        ``(B) court security personnel;
                        ``(C) personnel working in related supplementary
                    offices or programs (such as child support enforcement);
                    and
                        ``(D) any other court-based or community-based
                    personnel having responsibilities or authority to
                    address domestic violence, dating violence, sexual
                    assault, or stalking in the court system.'';
                        (Q) in paragraph (12), as so redesignated, by
                    striking ``includes felony'' and all that follows
                    through ``jurisdiction.'' and inserting the following:
                    ``includes felony or misdemeanor crimes committed by a
                    current or former spouse or intimate partner of the
                    victim under the family or domestic violence laws of the
                    jurisdiction receiving grant funding and, in the case of
                    victim services, includes the use or attempted use of
                    physical abuse or sexual abuse,

    [[Page 136 STAT. 842]]

                    or a pattern of any other coercive behavior committed,
                    enabled, or solicited to gain or maintain power and
                    control over a victim, including verbal, psychological,
                    economic, or technological abuse that may or may not
                    constitute criminal behavior, by a person who--
                        ``(A) is a current or former spouse or intimate
                    partner of the victim, or person similarly situated to a
                    spouse of the victim;
                        ``(B) is cohabitating, or has cohabitated, with the
                    victim as a spouse or intimate partner;
                        ``(C) shares a child in common with the victim; or
                        ``(D) commits acts against a youth or adult victim
                    who is protected from those acts under the family or
                    domestic violence laws of the jurisdiction.'';
                        (R) by inserting after paragraph (12), as so
                    redesignated, the following:
                ``(13) Economic abuse.--The term `economic abuse', in the
            context of domestic violence, dating violence, and abuse in
            later life, means behavior that is coercive, deceptive, or
            unreasonably controls or restrains a person's ability to
            acquire, use, or maintain economic resources to which they are
            entitled, including using coercion, fraud, or manipulation to--
                        ``(A) restrict a person's access to money, assets,
                    credit, or financial information;
                        ``(B) unfairly use a person's personal economic
                    resources, including money, assets, and credit, for
                    one's own advantage; or
                        ``(C) exert undue influence over a person's
                    financial and economic behavior or decisions, including
                    forcing default on joint or other financial obligations,
                    exploiting powers of attorney, guardianship, or
                    conservatorship, or failing or neglecting to act in the
                    best interests of a person to whom one has a fiduciary
                    duty.'';
                        (S) by inserting after paragraph (14), as so
                    redesignated, the following:
                ``(15) Female genital mutilation or cutting.--The term
            `female genital mutilation or cutting' has the meaning given
            such term in section 116 of title 18, United States Code.
                ``(16) Forced marriage.--The term `forced marriage' means a
            marriage to which 1 or both parties do not or cannot consent,
            and in which 1 or more elements of force, fraud, or coercion is
            present. Forced marriage can be both a cause and a consequence
            of domestic violence, dating violence, sexual assault or
            stalking.'';
                        (T) by striking paragraph (17), as so redesignated,
                    and inserting the following:
                ``(17) Homeless.-- The term `homeless' has the meaning given
            such term in section 41403.'';
                        (U) in paragraph (22), as so redesignated--
                              (i) in the heading, by inserting ``; indian
                          tribe'' after ``tribe''; and
                              (ii) by striking ``term `Indian tribe' means''
                          and inserting ``terms `Indian tribe' and `Indian
                          Tribe' mean'';
                        (V) by striking paragraph (24), as so redesignated,
                    and inserting the following:
                ``(24) Legal assistance.--

    [[Page 136 STAT. 843]]

                        ``(A) Definition.--The term `legal assistance' means
                    assistance provided by or under the direct supervision
                    of a person described in subparagraph (B) to an adult,
                    youth, or child victim of domestic violence, dating
                    violence, sexual assault, or stalking relating to a
                    matter described in subparagraph (C).
                        ``(B) Person described.--A person described in this
                    subparagraph is--
                              ``(i) a licensed attorney;
                              ``(ii) in immigration proceedings, a Board of
                          Immigration Appeals accredited representative;
                              ``(iii) in claims of the Department of
                          Veterans Affairs, a representative authorized by
                          the Secretary of Veterans Affairs; or
                              ``(iv) any person who functions as an attorney
                          or lay advocate in tribal court.
                        ``(C) Matter described.--A matter described in this
                    subparagraph is a matter relating to--
                              ``(i) divorce, parental rights, child support,
                          Tribal, territorial, immigration, employment,
                          administrative agency, housing, campus, education,
                          healthcare, privacy, contract, consumer, civil
                          rights, protection or other injunctive
                          proceedings, related enforcement proceedings, and
                          other similar matters;
                              ``(ii) criminal justice investigations,
                          prosecutions, and post-conviction matters
                          (including sentencing, parole, and probation) that
                          impact the victim's safety, privacy, or other
                          interests as a victim;
                              ``(iii) alternative dispute resolution,
                          restorative practices, or other processes intended
                          to promote victim safety, privacy, and autonomy,
                          and offender accountability, regardless of court
                          involvement; or
                              ``(iv) with respect to a conviction of a
                          victim relating to or arising from domestic
                          violence, dating violence, sexual assault,
                          stalking, or sex trafficking victimization of the
                          victim, post-conviction relief proceedings in
                          State, local, Tribal, or territorial court.
                        ``(D) Intake or referral.--For purposes of this
                    paragraph, intake or referral, by itself, does not
                    constitute legal assistance.'';
                        (W) by inserting after paragraph (30), as so
                    redesignated, the following:
                ``(31) Restorative practice.--The term `restorative
            practice' means a practice relating to a specific harm that--
                        ``(A) is community-based and unaffiliated with any
                    civil or criminal legal process;
                        ``(B) is initiated by a victim of the harm;
                        ``(C) involves, on a voluntary basis and without any
                    evidence of coercion or intimidation of any victim of
                    the harm by any individual who committed the harm or
                    anyone associated with any such individual--
                              ``(i) 1 or more individuals who committed the
                          harm;
                              ``(ii) 1 or more victims of the harm; and
                              ``(iii) the community affected by the harm
                          through 1 or more representatives of the
                          community;
                        ``(D) shall include and has the goal of--

    [[Page 136 STAT. 844]]

                              ``(i) collectively seeking accountability from
                          1 or more individuals who committed the harm;
                              ``(ii) developing a written process whereby 1
                          or more individuals who committed the harm will
                          take responsibility for the actions that caused
                          harm to 1 or more victims of the harm; and
                              ``(iii) developing a written course of action
                          plan--
                                        ``(I) that is responsive to the
                                    needs of 1 or more victims of the harm;
                                    and
                                        ``(II) upon which 1 or more victims,
                                    1 or more individuals who committed the
                                    harm, and the community can agree; and
                        ``(E) is conducted in a victim services framework
                    that protects the safety and supports the autonomy of 1
                    or more victims of the harm and the community.'';
                        (X) by inserting after paragraph (39), as so
                    redesignated, the following:
                ``(40) Technological abuse.--The term `technological abuse'
            means an act or pattern of behavior that occurs within domestic
            violence, sexual assault, dating violence or stalking and is
            intended to harm, threaten, intimidate, control, stalk, harass,
            impersonate, exploit, extort, or monitor, except as otherwise
            permitted by law, another person, that occurs using any form of
            technology, including but not limited to: internet enabled
            devices, online spaces and platforms, computers, mobile devices,
            cameras and imaging programs, apps, location tracking devices,
            or communication technologies, or any other emerging
            technologies.''; and
                        (Y) in paragraph (51), as so redesignated, by
                    inserting ``legal assistance and'' before ``legal
                    advocacy''; and
                (2) in subsection (b)--
                        (A) in paragraph (2), by adding at the end the
                    following:
                        ``(H) Death of the party whose privacy had been
                    protected.--In the event of the death of any victim
                    whose confidentiality and privacy is required to be
                    protected under this subsection, grantees and
                    subgrantees may share personally identifying information
                    or individual information that is collected about
                    deceased victims being sought for a fatality review to
                    the extent permitted by their jurisdiction's law and
                    only if the following conditions are met:
                              ``(i) The underlying objectives of the
                          fatality review are to prevent future deaths,
                          enhance victim safety, and increase offender
                          accountability.
                              ``(ii) The fatality review includes policies
                          and protocols to protect identifying information,
                          including identifying information about the
                          victim's children, from further release outside
                          the fatality review team.
                              ``(iii) The grantee or subgrantee makes a
                          reasonable effort to get a release from the
                          victim's personal representative (if one has been
                          appointed) and from any surviving minor children
                          or the guardian of such children (but not if the
                          guardian is the abuser of the deceased parent), if
                          the children are not capable of knowingly
                          consenting.
                              ``(iv) The information released is limited to
                          that which is necessary for the purposes of the
                          fatality review.'';

    [[Page 136 STAT. 845]]

                        (B) in paragraph (3), by striking the period at the
                    end and inserting ``if--
                        ``(A) the confidentiality and privacy requirements
                    of this title are maintained; and
                        ``(B) personally identifying information about
                    adult, youth, and child victims of domestic violence,
                    dating violence, sexual assault, and stalking is not
                    requested or included in any such collaboration or
                    information-sharing.'';
                        (C) in paragraph (11)--
                              (i) by striking ``Of the total'' and inserting
                          the following:
                        ``(A) In general.--Of the total''; and
                              (ii) by adding at the end the following:
                        ``(B) Requirement.--The Office on Violence Against
                    Women shall make all technical assistance available as
                    broadly as possible to any appropriate grantees,
                    subgrantees, potential grantees, or other entities
                    without regard to whether the entity has received
                    funding from the Office on Violence Against Women for a
                    particular program or project, with priority given to
                    recipients awarded a grant before the date of enactment
                    of the Violence Against Women Act Reauthorization Act of
                    2022.'';
                        (D) in paragraph (14)--
                              (i) by striking ``services and assistance to
                          victims'' and inserting ``services and assistance
                          to--
                        ``(A) victims'';
                              (ii) by striking the period at the end and
                          inserting a semicolon; and
                              (iii) by adding at the end the following:
                        ``(B) adult survivors of child sexual abuse; and
                        ``(C) victims of domestic violence, dating violence,
                    sexual assault, or stalking who are also victims of
                    female genital mutilation or cutting, or forced
                    marriage.'';
                        (E) by striking paragraph (15);
                        (F) by redesignating paragraph (16) as paragraph
                    (15); and
                        (G) in paragraph (15), as so redesignated--
                              (i) in subparagraph (A), by striking clause
                          (iii) and inserting the following:
                              ``(iii) <<NOTE: Time period.>>  Technical
                          assistance.--A recipient of grant funds under this
                          Act that is found to have an unresolved audit
                          finding shall be eligible to receive prompt,
                          individualized technical assistance to resolve the
                          audit finding and to prevent future findings, for
                          a period not to exceed the following 2 fiscal
                          years.''; and
                              (ii) in subparagraph (C)(i), by striking
                          ``$20,000'' and inserting ``$100,000'' and by
                          inserting ``the Director or Principal Deputy
                          Director of the Office on Violence Against Women
                          or'' before ``the Deputy Attorney General''; and
                        (H) by adding at the end the following:
                ``(16) Innovation fund.--Of the amounts appropriated to
            carry out this title, not more than 1 percent shall be made
            available for pilot projects, demonstration projects, and
            special initiatives designed to improve Federal, State, local,
            Tribal, and other community responses to gender-based
            violence.''.

    [[Page 136 STAT. 846]]

        (b) <<NOTE: Applicability. 34 USC 12291 note.>>  Definitions and
    Grant Conditions.--Section 40002 of the Violence Against Women Act of
    1994 (34 U.S.C. 12291) shall apply to this Act and any grant program
    authorized under this Act.
    SEC. 3. <<NOTE: 34 USC 20128.>>  AGENCY AND DEPARTMENT
                        COORDINATION.

        Each head of an Executive department (as defined in section 101 of
    title 5, United States Code) responsible for carrying out a program
    under this Act, the Violence Against Women Act of 1994 (title IV of
    Public Law 103-322; 108 Stat. 1902), the Violence Against Women Act of
    2000 (division B of Public Law 106-386; 114 Stat. 1491), the Violence
    Against Women and Department of Justice Reauthorization Act of 2005
    (title IX of Public Law 109-162; 119 Stat. 3080), or the Violence
    Against Women Reauthorization Act of 2013 (Public Law 113-4; 127 Stat.
    54) may coordinate and collaborate on the prevention of domestic
    violence, dating violence, sexual assault, and stalking, including
    sharing best practices and efficient use of resources and technology for
    victims and those seeking assistance from the Federal Government.
    SEC. 4. <<NOTE: 15 USC 6851 note.>>  EFFECTIVE DATE.

        (a) In General.--Except as provided in subsection (b), this Act and
    the amendments made by this Act shall not take effect until October 1 of
    the first fiscal year beginning after the date of enactment of this Act.
        (b) Effective on Date of Enactment.--Sections 106, 107, 304, 606,
    803, and 1306 and any amendments made by such sections shall take effect
    on the date of enactment of this Act.
    SEC. 5. SENSE OF CONGRESS.

        It is the sense of Congress--
                (1) that sex trafficking victims experience sexual violence
            and assault; and
                (2) that Federal recognition of their recovery is important.
    SEC. 6. <<NOTE: 15 USC 6851 note.>>  SEVERABILITY.

        If any provision of this Act, an amendment made by this Act, or the
    application of such provision or amendment to any person or circumstance
    is held to be unconstitutional, the remainder of this Act and the
    amendments made by this Act, and the application of the provisions or
    amendment to any other person or circumstance, shall not be affected.

       TITLE I--ENHANCING LEGAL TOOLS TO COMBAT DOMESTIC VIOLENCE, DATING
                     VIOLENCE, SEXUAL ASSAULT, AND STALKING

    SEC. 101. STOP GRANTS.

        (a) In General.--Part T of title I of the Omnibus Crime Control and
    Safe Streets Act of 1968 (34 U.S.C. 10441 et seq.) is amended--
                (1) in section 2001 (34 U.S.C. 10441)--
                        (A) in subsection (b)--

    [[Page 136 STAT. 847]]

                              (i) in paragraph (3), by inserting before the
                          semicolon at the end the following: ``, including
                          implementation of the grant conditions in section
                          40002(b) of the Violence Against Women Act of 1994
                          (34 U.S.C. 12291(b))'';
                              (ii) in paragraph (5), by inserting ``and
                          legal assistance'' after ``improving delivery of
                          victim services''; and
                              (iii) in paragraph (9)--
                                        (I) by striking ``older and disabled
                                    women'' and inserting ``individuals 50
                                    years of age or over, individuals with
                                    disabilities, and Deaf individuals'';
                                        (II) by inserting ``legal
                                    assistance,'' after ``counseling,''; and
                                        (III) by striking ``older and
                                    disabled individuals'' and inserting
                                    ``individuals'';
                              (iv) in paragraph (11), by inserting before
                          the semicolon at the end the following: ``,
                          including rehabilitative work with offenders'';
                              (v) in paragraph (19), by striking ``and'' at
                          the end;
                              (vi) in paragraph (20)--
                                        (I) by striking ``or stalking'' and
                                    inserting ``stalking, or female genital
                                    mutilation or cutting''; and
                                        (II) by striking the period at the
                                    end and inserting a semicolon; and
                              (vii) by inserting after paragraph (20), the
                          following:
                ``(21) developing, enhancing, or strengthening programs and
            projects to improve evidence collection methods for victims of
            domestic violence, dating violence, sexual assault, or stalking,
            including through funding for technology that better detects
            bruising and injuries across skin tones and related training;
                ``(22) developing, enlarging, or strengthening culturally
            specific victim services programs to provide culturally specific
            victim services and responses to female genital mutilation or
            cutting;
                ``(23) providing victim advocates in State or local law
            enforcement agencies, prosecutors' offices, and courts to
            provide supportive services and advocacy to Indian victims of
            domestic violence, dating violence, sexual assault, and
            stalking; and
                ``(24) paying any fees charged by any governmental authority
            for furnishing a victim or the child of a victim with any of the
            following documents:
                        ``(A) A birth certificate or passport of the
                    individual, as required by law.
                        ``(B) An identification card issued to the
                    individual by a State or Tribe, that shows that the
                    individual is a resident of the State or a member of the
                    Tribe.''; and
                        (B) in subsection (d)(3), in the matter preceding
                    subparagraph (A), by striking ``2014 through 2018'' and
                    inserting ``2023 through 2027'';
                (2) in section 2007 (34 U.S.C. 10446)--
                        (A) in subsection (d)--
                              (i) by redesignating paragraphs (5) and (6) as
                          paragraphs (7) and (8), respectively; and
                              (ii) by inserting after paragraph (4) the
                          following:

    [[Page 136 STAT. 848]]

                ``(5) proof of compliance with the requirements regarding
            training for victim-centered prosecution described in section
            2017;
                ``(6) certification of compliance with the grant conditions
            under section 40002(b) of the Violence Against Women Act of 1994
            (34 U.S.C. 12291(b)), as applicable;'';
                        (B) in subsection (i)--
                              (i) in paragraph (1), by inserting before the
                          semicolon at the end the following: ``and the
                          requirements under section 40002(b) of the
                          Violence Against Women Act of 1994 (34 U.S.C.
                          12291(b)), as applicable''; and
                              (ii) in paragraph (2)(C)(iv), by inserting
                          after ``ethnicity,'' the following: ``sexual
                          orientation, gender identity,''; and
                        (C) in subsection (j)(2), by adding a period at the
                    end; and
                (3) by adding at the end the following:
    ``SEC. 2017. <<NOTE: 34 USC 10454.>>  GRANT ELIGIBILITY REGARDING
                              COMPELLING VICTIM TESTIMONY.

        ``In <<NOTE: Certification. Time period. Effective date.>>  order
    for a prosecutor's office to be eligible to receive grant funds under
    this part, the head of the office shall certify, to the State, Indian
    Tribal government, or territorial government receiving the grant
    funding, that the office will, during the 3-year period beginning on the
    date on which the grant is awarded, engage in planning, developing and
    implementing--
                ``(1) training developed by experts in the field regarding
            victim-centered approaches in domestic violence, sexual assault,
            dating violence, and stalking cases;
                ``(2) policies that support a victim-centered approach,
            informed by such training; and
                ``(3) a protocol outlining alternative practices and
            procedures for material witness petitions and bench warrants,
            consistent with best practices, that shall be exhausted before
            employing material witness petitions and bench warrants to
            obtain victim-witness testimony in the investigation,
            prosecution, and trial of a crime related to domestic violence,
            sexual assault, dating violence, and stalking of the victim in
            order to prevent further victimization and trauma to the
            victim.''.

        (b) Authorization of Appropriations.--Section 1001(a)(18) of title I
    of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C.
    10261(a)(18)) is amended by striking ``2014 through 2018'' and inserting
    ``2023 through 2027''.
    SEC. 102. GRANTS TO IMPROVE THE CRIMINAL JUSTICE RESPONSE.

        (a) Heading.--Part U of title I of the Omnibus Crime Control and
    Safe Streets Act of 1968 (34 U.S.C. 10461 et seq.) is amended in the
    heading, by striking ``grants to encourage arrest policies'' and
    inserting ``grants to improve the criminal justice response''.
        (b) Grants.--Section 2101 of title I of the Omnibus Crime Control
    and Safe Streets Act of 1968 (34 U.S.C. 10461) is amended--
                (1) by striking subsection (a) and inserting the following:

        ``(a) Purpose.--The purpose of this part is to assist States, Indian
    Tribal governments, State and local courts (including juvenile courts),
    Tribal courts, and units of local government to improve the criminal
    justice response to domestic violence, dating violence,

    [[Page 136 STAT. 849]]

    sexual assault, and stalking as serious violations of criminal law, and
    to seek safety and autonomy for victims.'';
                (2) in subsection (b)--
                        (A) in paragraph (1), by striking ``proarrest'' and
                    inserting ``offender accountability and homicide
                    reduction'';
                        (B) in paragraph (5), by striking ``legal advocacy
                    service programs'' and inserting ``legal advocacy and
                    legal assistance programs'';
                        (C) in paragraph (8), by striking ``older
                    individuals (as defined in section 102 of the Older
                    Americans Act of 1965 (42 U.S.C. 3002))'' and inserting
                    ``individuals 50 years of age or over, Deaf
                    individuals,'';
                        (D) in paragraph (19), by inserting before the
                    period at the end the following ``, including victims
                    among underserved populations (as defined in section
                    40002(a) of the Violence Against Women Act of 1994 (34
                    U.S.C. 12291(a)))''; and
                        (E) by adding at the end the following:
                ``(25) To develop Statewide databases with information on
            where sexual assault nurse examiners are located.
                ``(26) To develop and implement alternative methods of
            reducing crime in communities, to supplant punitive programs or
            policies. For purposes of this paragraph, a punitive program or
            policy is a program or policy that--
                        ``(A) imposes a penalty on a victim of domestic
                    violence, dating violence, sexual assault, or stalking,
                    on the basis of a request by the victim for law
                    enforcement or emergency assistance; or
                        ``(B) imposes a penalty on such a victim because of
                    criminal activity at the property in which the victim
                    resides.''; and
                (3) in subsection (c)(1)--
                        (A) in subparagraph (A)--
                              (i) in clause (i), by striking ``encourage or
                          mandate arrests of domestic violence offenders''
                          and inserting ``encourage arrests of domestic
                          violence, dating violence, sexual assault, and
                          stalking offenders''; and
                              (ii) in clause (ii), by striking ``encourage
                          or mandate arrest of domestic violence offenders''
                          and inserting ``encourage arrest of offenders'';
                        (B) in subparagraph (E)(ii), by striking ``and'' at
                    the end; and
                        (C) by inserting after subparagraph (E) the
                    following:
                        ``(F) <<NOTE: Time period. Certification.>>  except
                    for a court, not later than 3 years after the date on
                    which an eligible grantee receives the first award under
                    this part after the date of enactment of the Violence
                    Against Women Act Reauthorization Act of 2022, certify
                    that the laws, policies, and practices of the State or
                    the jurisdiction in which the eligible grantee is
                    located ensure that prosecutor's offices engage in
                    planning, developing, and implementing--
                              ``(i) training developed by experts in the
                          field regarding victim-centered approaches in
                          domestic violence, sexual assault, dating
                          violence, and stalking cases;
                              ``(ii) policies that support a victim-centered
                          approach, informed by such training; and

    [[Page 136 STAT. 850]]

                              ``(iii) a protocol outlining alternative
                          practices and procedures for material witness
                          petitions and bench warrants, consistent with best
                          practices, that shall be exhausted before
                          employing material witness petitions and bench
                          warrants to obtain victim-witness testimony in the
                          investigation, prosecution, and trial of a crime
                          related to domestic violence, sexual assault,
                          dating violence, and stalking of the victim in
                          order to prevent further victimization and trauma
                          to the victim; and
                        ``(G) <<NOTE: Certification.>>  except for a court,
                    certify that the laws, policies, and practices of the
                    State or the jurisdiction in which the eligible grantee
                    is located prohibits the prosecution of a minor under
                    the age of 18 with respect to prostitution; and''.

        (c) Authorization of Appropriations.--Section 1001(a)(19) of title I
    of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C.
    10261(a)(19)) is amended by striking ``2014 through 2018'' and inserting
    ``2023 through 2027''.
    SEC. 103. LEGAL ASSISTANCE FOR VICTIMS.

        Section 1201 of division B of the Victims of Trafficking and
    Violence Protection Act of 2000 (34 U.S.C. 20121) is amended--
                (1) in subsection (a), by inserting after ``no cost to the
            victims.'' the following: ``When legal assistance to a dependent
            is necessary for the safety of a victim, such assistance may be
            provided.'';
                (2) in subsection (d)--
                        (A) by amending paragraph (1) to read as follows:
                ``(1) any person providing legal assistance through a
            program funded under this section--
                        ``(A)(i) is a licensed attorney or is working under
                    the direct supervision of a licensed attorney;
                        ``(ii) in immigration proceedings, is a Board of
                    Immigration Appeals accredited representative;
                        ``(iii) in Veterans' Administration claims, is an
                    accredited representative; or
                        ``(iv) is any person who functions as an attorney or
                    lay advocate in Tribal court; and
                        ``(B)(i) has demonstrated expertise in providing
                    legal assistance to victims of domestic violence, dating
                    violence, sexual assault, or stalking in the targeted
                    population; or
                        ``(ii)(I) is partnered with an entity or person that
                    has demonstrated expertise described in clause (i); and
                        ``(II) has completed, or will complete, training in
                    connection with domestic violence, dating violence,
                    stalking, or sexual assault and related legal issues,
                    including training on evidence-based risk factors for
                    domestic and dating violence homicide;'';
                        (B) in paragraph (2), by striking ``or local'' and
                    insert the following: ``local, or culturally specific'';
                        (C) in paragraph (4), after ``dating violence,'' by
                    inserting ``stalking,''; and
                (3) in subsection (f)(1)--
                        (A) by striking ``$57,000,000'' and inserting
                    ``$60,000,000''; and
                        (B) by striking ``2014 through 2018'' and inserting
                    ``2023 through 2027''.

    [[Page 136 STAT. 851]]

    SEC. 104. GRANTS TO SUPPORT FAMILIES IN THE JUSTICE SYSTEM.

        Section 1301 of division B of the Victims of Trafficking and
    Violence Protection Act of 2000 (34 U.S.C. 12464) is amended--
                (1) in subsection (b)(8), by striking ``to improve'' and
            inserting ``improve'';
                (2) in subsection (e), by striking ``2014 through 2018'' and
            inserting ``2023 through 2027''; and
                (3) by adding at the end the following:

        ``(g) Cultural Relevance.--Any services provided pursuant to a grant
    funded under this section shall be provided in a culturally relevant
    manner.''.
    SEC. 105. OUTREACH AND SERVICES TO UNDERSERVED POPULATIONS GRANTS.

        Section 120 of the Violence Against Women and Department of Justice
    Reauthorization Act of 2005 (34 U.S.C. 20123) is amended--
                (1) in subsection (b)(3), by inserting ``Native Hawaiian,''
            before ``or local organization'';
                (2) in subsection (d)--
                        (A) in paragraph (4)--
                              (i) by striking ``effectiveness'' and
                          inserting ``response'';
                              (ii) by inserting ``population-specific''
                          before ``training''; and
                              (iii) by striking ``or'' at the end;
                        (B) in paragraph (5), by striking the period at the
                    end and inserting a semicolon; and
                        (C) by adding at the end the following:
                ``(6) developing, enlarging, or strengthening culturally
            specific programs and projects to provide culturally specific
            services regarding responses to, and prevention of, female
            genital mutilation and cutting; or
                ``(7) strengthening the response of social and human
            services by providing population-specific training for service
            providers on domestic violence, dating violence, sexual assault,
            or stalking in underserved populations.''; and
                (3) in subsection (g)--
                        (A) by striking ``$2,000,000'' and inserting
                    ``$6,000,000''; and
                        (B) by striking ``2014 through 2018'' and inserting
                    ``2023 through 2027''.
    SEC. 106. CRIMINAL PROVISIONS.

        Section 2265(d)(3) of title 18, United States Code, is amended--
                (1) by striking ``restraining order or injunction,''; and
                (2) <<NOTE: Applicability.>>  by adding at the end the
            following: ``The prohibition under this paragraph applies to all
            protection orders for the protection of a person residing within
            a State, territorial, or Tribal jurisdiction, whether or not the
            protection order was issued by that State, territory, or
            Tribe.''.
    SEC. 107. RAPE SURVIVOR CHILD CUSTODY.

        Section 409 of the Justice for Victims of Trafficking Act of 2015
    (34 U.S.C. 21308) is amended by striking ``2015 through 2019'' and
    inserting ``2023 through 2027''.

    [[Page 136 STAT. 852]]

    SEC. 108. ENHANCING CULTURALLY SPECIFIC SERVICES FOR VICTIMS OF
                            DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL
                            ASSAULT, AND STALKING.

        Section 121 of the Violence Against Women and Department of Justice
    Reauthorization Act of 2005 (34 U.S.C. 20124) is amended--
                (1) in subsection (a)--
                        (A) in paragraph (1)--
                              (i) by striking ``paragraph (a)(2) of this
                          subsection'' and inserting ``paragraph (2)''; and
                              (ii) by striking ``shall take 5 percent of
                          such appropriated amounts'' and inserting ``shall
                          take 15 percent of such appropriated amounts for
                          the program under paragraph (2)(A) and 5 percent
                          of such appropriated amounts for the programs
                          under subparagraphs (B) through (E) of paragraph
                          (2)''; and
                        (B) by adding at the end the following:
                ``(3) <<NOTE: Time period.>>  Additional authorization of
            appropriations.--In addition to the amounts made available under
            paragraph (1), there are authorized to be appropriated to carry
            out this section $25,000,000 for each of fiscal years 2023
            through 2027.
                ``(4) Distribution.--
                        ``(A) In general.--Of the total amount available for
                    grants under this section, not less than 40 percent of
                    such funds shall be allocated for programs or projects
                    that meaningfully address non-intimate partner
                    relationship sexual assault.
                        ``(B) Alternative allocation.--Notwithstanding
                    40002(b)(11) of the Violence Against Women Act of 1994
                    (34 U.S.C. 12291(b)(11)), the Director may allocate a
                    portion of funds described in subparagraph (A) to
                    enhanced technical assistance relating to non-intimate
                    partner sexual assault if the Office on Violence Against
                    Women does not receive sufficient qualified applications
                    proposing to address non-intimate partner relationship
                    sexual assault.'';
                (2) in subsection (b)(3), by adding at the end the
            following: ``Not less than 1 such organization shall have
            demonstrated expertise primarily in domestic violence services,
            and not less than 1 such organization shall have demonstrated
            expertise primarily in non-intimate partner sexual assault
            services.'';
                (3) by striking subsection (e); and
                (4) by redesignating subsections (f) through (h) as
            subsections (e) through (g), respectively.
    SEC. 109. PILOT PROGRAM ON RESTORATIVE PRACTICES.

        (a) In General.--The Violence Against Women Act of 1994 (title IV of
    Public Law 103-322), as amended by section 205, is further amended by
    adding at the end the following:

                       ``Subtitle R--Restorative Practices

    ``SEC. 41801. <<NOTE: 34 USC 12514.>>  PILOT PROGRAM ON
                                RESTORATIVE PRACTICES.

        ``(a) Definitions.--In this section:
                ``(1) Director.--The term `Director' means the Director of
            the Office on Violence Against Women.
                ``(2) Eligible entity.--The term `eligible entity' means--

    [[Page 136 STAT. 853]]

                        ``(A) a State;
                        ``(B) a unit of local government;
                        ``(C) a tribal government;
                        ``(D) a tribal organization;
                        ``(E) a victim service provider;
                        ``(F) an institution of higher education (as defined
                    in section 101(a) of the Higher Education Act of 1965
                    (20 U.S.C. 1001(a)); and
                        ``(G) a private or public nonprofit organization,
                    including--
                              ``(i) a tribal nonprofit organization; and
                              ``(ii) a faith-based nonprofit organization.
                ``(3) Restorative practice.--The term `restorative practice'
            means a practice relating to a specific harm that--
                        ``(A) is community-based and unaffiliated with any
                    civil or criminal legal process;
                        ``(B) is initiated by a victim of the harm;
                        ``(C) involves, on a voluntary basis and without any
                    evidence of coercion or intimidation of any victim of
                    the harm by any individual who committed the harm or
                    anyone associated with any such individual--
                              ``(i) 1 or more individuals who committed the
                          harm;
                              ``(ii) 1 or more victims of the harm; and
                              ``(iii) the community affected by the harm
                          through 1 or more representatives of the
                          community;
                        ``(D) shall include and has the goal of--
                              ``(i) collectively seeking accountability from
                          1 or more individuals who committed the harm;
                              ``(ii) developing a written process whereby 1
                          or more individuals who committed the harm will
                          take responsibility for the actions that caused
                          harm to 1 or more victims of the harm; and
                              ``(iii) developing a written course of action
                          plan--
                                        ``(I) that is responsive to the
                                    needs of 1 or more victims of the harm;
                                    and
                                        ``(II) upon which 1 or more victims,
                                    1 or more individuals who committed the
                                    harm, and the community can agree; and
                        ``(E) is conducted in a victim services framework
                    that protects the safety and supports the autonomy of 1
                    or more victims of the harm and the community.

        ``(b) Grants Authorized.--The Director shall award grants to
    eligible entities to develop and implement a program, or to assess best
    practices, for--
                ``(1) restorative practices to prevent or address domestic
            violence, dating violence, sexual assault, or stalking;
                ``(2) training by eligible entities, or for eligible
            entities, courts, or prosecutors, on restorative practices and
            program implementation; and
                ``(3) <<NOTE: Evaluations.>>  evaluations of a restorative
            practice described in paragraph (1).

        ``(c) Priority.--In awarding grants under subsection (b), the
    Director shall give priority to eligible entities that submit proposals
    that meaningfully address the needs of culturally specific or
    underserved populations.

    [[Page 136 STAT. 854]]

        ``(d) Qualifications.--To be eligible to receive a grant under this
    section, an eligible entity shall demonstrate a history of comprehensive
    training and experience in working with victims of domestic violence,
    dating violence, sexual assault, or stalking.
        ``(e) Program Requirements.--
                ``(1) In general.--An eligible entity or a subgrantee of an
            eligible entity that offers a restorative practices program with
            funds awarded under this section shall ensure that such
            program--
                        ``(A) includes set practices and procedures for
                    screening the suitability of any individual who
                    committed a harm based on--
                              ``(i) the history of civil and criminal
                          complaints against the individual involving
                          domestic violence, sexual assault, dating
                          violence, or stalking;
                              ``(ii) parole or probation violations of the
                          individual or whether active parole or probation
                          supervision of the individual is being conducted
                          for prior offenses involving domestic violence,
                          sexual assault, dating violence, or stalking;
                              ``(iii) <<NOTE: Risk assessment.>>  the risk
                          to the safety of any victim of the harm based on
                          an evidence-based risk assessment;
                              ``(iv) <<NOTE: Risk assessment.>>  the risk to
                          public safety, including an evidence-based risk
                          assessment of the danger to the public; and
                              ``(v) past participation of any individual who
                          committed the harm in restorative practice
                          programing; and
                        ``(B) denies eligibility to participate in the
                    program for any individual who committed a harm against
                    whom there is--
                              ``(i) a pending felony or misdemeanor
                          prosecution for an offense against any victim of
                          the harm or a dependent of any such victim;
                              ``(ii) a restraining order or a protection
                          order (as defined in section 2266 of title 18,
                          United States Code) that protects any victim of
                          the harm or a dependent of any such victim, unless
                          there is an exception in the restraining order or
                          protective order allowing for participation in a
                          restorative practices program;
                              ``(iii) a pending criminal charge involving or
                          relating to sexual assault, including rape, human
                          trafficking, or child abuse, including child
                          sexual abuse; or
                              ``(iv) a conviction for child sexual abuse
                          against the victim or a sibling of the victim if
                          the victim or sibling of the victim is currently a
                          minor.
                ``(2) Referral.--With respect to a risk assessment described
            in paragraph (1)(A)(iii) for which an eligible entity or a
            subgrantee of an eligible entity determines that a victim or a
            dependent of a victim are at significant risk of subsequent
            serious injury, sexual assault, or death, the eligible entity or
            subgrantee shall refer the victim or dependent to other victim
            services, instead of restorative practices.

        ``(f) Nondisclosure of Confidential or Private Information.--For the
    purpose of section 40002(b)(2), an individual

    [[Page 136 STAT. 855]]

    described in subsection (a)(3)(C) shall be considered a person receiving
    services.
        ``(g) Relation to Criminal Justice Intervention.--Restorative
    practices performed with funds awarded under this section are not
    intended to function as a replacement for criminal justice intervention
    for a specific harm.
        ``(h) Reports.--
                ``(1) Report to director.--As a part of the report required
            to be submitted under section 40002(b)(6), an eligible entity
            that receives a grant under this section shall annually submit
            to the Director information relating to the effectiveness of the
            restorative practices carried out with amounts from the grant,
            including--
                        ``(A) the number of individuals for whom the
                    eligible entity supported a restorative practice;
                        ``(B) if applicable, the number of individuals who--
                              ``(i) sought restorative practices from the
                          eligible entity; and
                              ``(ii) the eligible entity could not serve;
                        ``(C) if applicable, the number of individuals--
                              ``(i) who sought restorative practice
                          training;
                              ``(ii) who received restorative practice
                          training;
                              ``(iii) who provided restorative practice
                          training; and
                              ``(iv) to whom the eligible entity could not
                          provide restorative practice training;
                        ``(D) <<NOTE: Evaluation.>>  a victim evaluation
                    component that is documented through survey or
                    interview, including the satisfaction of victims of a
                    harm with the restorative practice services;
                        ``(E) if applicable, the number of individuals who
                    committed a harm and--
                              ``(i) successfully completed and executed a
                          written course of action plan;
                              ``(ii) failed to successfully complete and
                          execute a written course of action plan; and
                              ``(iii) were involved in a criminal or civil
                          complaint involving domestic violence, dating
                          violence, sexual assault, or stalking against the
                          victims or victims during the course of the
                          restorative practice process; and
                        ``(F) any other qualitative or quantitative
                    information determined by the Director.
                ``(2) <<NOTE: Summaries.>>  Report to congress.--Not later
            than 2 years after the date of enactment of this section, and
            biennially thereafter, the Director shall submit to Congress a
            report that summarizes the reports received by the Director
            under paragraph (1).

        ``(i) <<NOTE: Time period.>>  Authorization of Appropriations.--
    There are authorized to be appropriated to the Director such sums as may
    be necessary for each of fiscal years 2023 through 2027 to carry out
    this section.''.

        (b) Clerical Amendment.--The table of contents in section 2 of the
    Violent Crime Control and Law Enforcement Act of 1994 (Public Law 103-
    322) <<NOTE: 108 Stat. 1796.>>  is amended by inserting after the item
    relating to section 41601 the following:

                       ``Subtitle R--Restorative Practices

    ``Sec. 41801. Pilot program on restorative practices.''.

    [[Page 136 STAT. 856]]

                    TITLE II--IMPROVING SERVICES FOR VICTIMS

    SEC. 201. SEXUAL ASSAULT SERVICES PROGRAM.

        Section 41601 of the Violent Crime Control and Law Enforcement Act
    of 1994 (34 U.S.C. 12511) is amended--
                (1) in subsection (b)--
                        (A) in paragraph (2)(C)(iii), by inserting ``direct
                    payments,'' before ``and comprehensive''; and
                        (B) in paragraph (4), by striking ``0.25 percent''
                    and inserting ``0.5 percent'';
                (2) in subsection (c)--
                        (A) in paragraph (4)--
                              (i) by striking ``(4) Distribution'' and all
                          that follows through ``The Attorney General'' and
                          inserting the following:
                ``(4) Distribution.--The Attorney General''; and
                              (ii) by striking subparagraph (B);
                        (B) by redesignating paragraph (6) as paragraph (7);
                    and
                        (C) by inserting after paragraph (5) the following:
                ``(6) <<NOTE: Contracts.>>  Technical assistance.--The
            Attorney General shall provide technical assistance to
            recipients of grants under this subsection by entering into a
            cooperative agreement or contract with a national, nonprofit,
            nongovernmental organization or organizations whose primary
            focus and expertise is in addressing sexual assault within
            culturally specific communities.''; and
                (3) in subsection (f)--
                        (A) in paragraph (1), by striking ``$40,000,000 to
                    remain available until expended for each of fiscal years
                    2014 through 2018'' and inserting ``$100,000,000 to
                    remain available until expended for each of fiscal years
                    2023 through 2027''; and
                        (B) in paragraph (2)(B)--
                              (i) by striking ``2.5'' and inserting ``8'';
                          and
                              (ii) by striking the semicolon at the end and
                          inserting ``of which not less than 20 percent
                          shall be available for technical assistance to
                          recipients and potential recipients of grants
                          under subsection (c);''.
    SEC. 202. RURAL DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL
                            ASSAULT, STALKING, AND CHILD ABUSE
                            ENFORCEMENT ASSISTANCE PROGRAM.

        Section 40295 of the Violence Against Women Act of 1994 (34 U.S.C.
    12341) is amended--
                (1) in subsection (a)--
                        (A) in paragraph (2), by striking ``and'' at the
                    end;
                        (B) in paragraph (3)(B), by striking the period at
                    the end and inserting ``; and''; and
                        (C) by adding at the end the following:
                ``(4) to develop, expand, implement, and improve the quality
            of sexual assault forensic medical examination or sexual assault
            nurse examiner programs.'';
                (2) in subsection (b)--

    [[Page 136 STAT. 857]]

                        (A) in paragraph (4), by striking the period at the
                    end and inserting a semicolon; and
                        (B) in paragraph (5)--
                              (i) by inserting after ``by the lack of access
                          to'' the following: ``quality forensic sexual
                          assault examinations by trained health care
                          providers,''; and
                              (ii) by striking ``shelters and'' and
                          inserting ``shelters, and''; and
                (3) in subsection (e)(1), by striking ``$50,000,000 for each
            of fiscal years 2014 through 2018'' and inserting ``$100,000,000
            for each of fiscal years 2023 through 2027''.
    SEC. 203. GRANTS FOR TRAINING AND SERVICES TO END VIOLENCE AGAINST
                            INDIVIDUALS WITH DISABILITIES AND DEAF
                            PEOPLE.

        Section 1402 of division B of the Victims of Trafficking and
    Violence Protection Act of 2000 (34 U.S.C. 20122) is amended--
                (1) in the heading--
                        (A) by striking ``women'' and inserting
                    ``individuals''; and
                        (B) by inserting after ``disabilities'' the
                    following: ``and deaf people'';
                (2) in subsection (a)(1)--
                        (A) by striking ``and sexual assault'' and inserting
                    ``sexual assault, and abuse by caregivers''; and
                        (B) by inserting after ``with disabilities (as
                    defined in section 3 of the Americans with Disabilities
                    Act of 1990 (42 U.S.C. 12102))'' the following: ``and
                    Deaf people'';
                (3) in subsection (b)--
                        (A) by striking ``disabled individuals'' each place
                    it appears and inserting ``individuals with disabilities
                    and Deaf people'';
                        (B) in paragraph (3), by inserting after ``law
                    enforcement'' the following: ``and other first
                    responders''; and
                        (C) in paragraph (8), by striking ``providing
                    advocacy and intervention services within'' and
                    inserting ``to enhance the capacity of'';
                (4) in subsection (c)(1)(D), by striking ``disabled
            individuals'' and inserting ``individuals with disabilities and
            Deaf people''; and
                (5) in subsection (e)--
                        (A) by striking ``$9,000,000'' and inserting
                    ``$15,000,000''; and
                        (B) by striking ``2014 through 2018'' and inserting
                    ``2023 through 2027''.
    SEC. 204. TRAINING AND SERVICES TO END ABUSE IN LATER LIFE.

         Subtitle H of the Violence Against Women Act of 1994 (34 U.S.C.
    12421 et seq.) is amended--
                (1) in the subtitle heading, by striking ``Enhanced
            Training'' and inserting ``Training''; and
                (2) in section 40801 (34 U.S.C. 12421)--
                        (A) in the section heading, by striking ``enhanced
                    training'' and inserting ``training'';
                        (B) by striking subsection (a); and
                        (C) in subsection (b)--
                              (i) by striking ``(b) Grant Program.--'' and
                          all that follows through paragraph (1) and
                          inserting the

    [[Page 136 STAT. 858]]

                          following: <<NOTE: Grants.>>  ``The Attorney
                          General shall make grants to eligible entities in
                          accordance with the following:'';
                              (ii) by redesignating paragraphs (2) through
                          (5) as paragraphs (1) through (4), respectively;
                              (iii) in paragraph (1), as so redesignated--
                                        (I) by striking ``, including
                                    domestic violence, dating violence,
                                    sexual assault, stalking, exploitation,
                                    and neglect'' each place it appears;
                                        (II) in subparagraph (A)--
                                                (aa) in clause (i)--
                                                    (AA) by striking ``elder
                                                abuse'' and inserting
                                                ``abuse in later life''; and
                                                    (BB) by striking
                                                ``victim advocates, and''
                                                and inserting ``victim
                                                advocates, or''; and
                                                (bb) in clause (iv), by
                                            striking ``advocates, victim
                                            service providers, and courts to
                                            better serve victims of abuse in
                                            later life'' and inserting
                                            ``leaders, victim advocates,
                                            victim service providers,
                                            courts, and first responders to
                                            better serve older victims'';
                                            and
                                        (III) in subparagraph (B)--
                                                (aa) in clause (i), by
                                            striking ``or other community-
                                            based organizations in
                                            recognizing and addressing
                                            instances of abuse in later
                                            life'' and inserting
                                            ``community-based organizations,
                                            or other professionals who may
                                            identify or respond to abuse in
                                            later life''; and
                                                (bb) in clause (ii), by
                                            striking ``elder abuse and'';
                              (iv) in paragraph (2), as so redesignated--
                                        (I) in subparagraph (A)--
                                                (aa) in clause (iv), by
                                            striking ``with demonstrated
                                            experience in assisting
                                            individuals over 50 years of
                                            age''; and
                                                (bb) in clause (v), by
                                            striking ``with demonstrated
                                            experience in addressing
                                            domestic violence, dating
                                            violence, sexual assault, and
                                            stalking''; and
                                        (II) in subparagraph (B)(iv), by
                                    striking ``in later life;'' and
                                    inserting ``50 years of age or over.'';
                                    and
                              (v) in paragraph (4), as so redesignated--
                                        (I) by striking ``$9,000,000'' and
                                    inserting ``$10,000,000''; and
                                        (II) by striking ``2014 through
                                    2018'' and inserting ``2023 through
                                    2027''.
    SEC. 205. <<NOTE: Abby Honold Act.>>  ABBY HONOLD ACT.

        (a) <<NOTE: 34 USC 10101 note.>>  Short Title.--This section may be
    cited as the ``Abby Honold Act''.

        (b) Amendment.--Title IV of the Violent Crime Control and Law
    Enforcement Act of 1994 (34 U.S.C. 12291 et seq.) is amended by adding
    at the end the following:

    [[Page 136 STAT. 859]]

        ``Subtitle Q--Trauma-Informed, Victim-Centered Training for Law
                                   Enforcement

    ``SEC. 41701. <<NOTE: Grants. 34 USC 12513.>>  DEMONSTRATION
                                PROGRAM ON TRAUMA-INFORMED, VICTIM-
                                CENTERED TRAINING FOR LAW ENFORCEMENT.

        ``(a) Definitions.--In this section--
                ``(1) the term `Attorney General' means the Attorney
            General, acting through the Director of the Office on Violence
            Against Women;
                ``(2) the term `covered individual' means an individual who
            interfaces with victims of domestic violence, dating violence,
            sexual assault, and stalking, including--
                        ``(A) an individual working for or on behalf of an
                    eligible entity;
                        ``(B) an administrator or personnel of a school,
                    university, or other educational program or activity
                    (including a campus police officer or a school resource
                    officer); and
                        ``(C) an emergency services or medical employee;
                ``(3) the term `demonstration site', with respect to an
            eligible entity that receives a grant under this section, means
            the area over which the eligible entity has jurisdiction;
                ``(4) the term `eligible entity' means a State, local,
            territorial, or Tribal law enforcement agency; and
                ``(5) the term `mandatory partner' means a national,
            regional, or local victim services organization or agency
            working in collaboration with a law enforcement agency described
            in paragraph (4).

        ``(b) Grants Authorized.--
                ``(1) In general.--The Attorney General shall award grants
            on a competitive basis to eligible entities to collaborate with
            their mandatory partners to carry out the demonstration program
            under this section by implementing evidence-based or promising
            investigative policies and practices to incorporate trauma-
            informed, victim-centered techniques designed to--
                        ``(A) prevent re-traumatization of the victim;
                        ``(B) ensure that covered individuals use evidence-
                    based practices to respond to and investigate cases of
                    domestic violence, dating violence, sexual assault, and
                    stalking;
                        ``(C) improve communication between victims and law
                    enforcement officers in an effort to increase the
                    likelihood of the successful investigation and
                    prosecution of the reported crime in a manner that
                    protects the victim to the greatest extent possible;
                        ``(D) increase collaboration among stakeholders who
                    are part of the coordinated community response to
                    domestic violence, dating violence, sexual assault, and
                    stalking; and
                        ``(E) <<NOTE: Evaluation.>>  evaluate the
                    effectiveness of the training process and content.
                ``(2) Award basis.--The Attorney General shall award grants
            under this section to multiple eligible entities for use in a
            variety of settings and communities, including--
                        ``(A) urban, suburban, Tribal, remote, and rural
                    areas;
                        ``(B) college campuses; or
                        ``(C) traditionally underserved communities.

        ``(c) Use of Funds.--An eligible entity that receives a grant under
    this section shall use the grant to--

    [[Page 136 STAT. 860]]

                ``(1) train covered individuals within the demonstration
            site of the eligible entity to use evidence-based, trauma-
            informed, and victim-centered techniques and knowledge of crime
            victims' rights throughout an investigation into domestic
            violence, dating violence, sexual assault, or stalking,
            including by--
                        ``(A) conducting victim interviews in a manner
                    that--
                              ``(i) elicits valuable information about the
                          domestic violence, dating violence, sexual
                          assault, or stalking; and
                              ``(ii) avoids re-traumatization of the victim;
                        ``(B) conducting field investigations that mirror
                    best and promising practices available at the time of
                    the investigation;
                        ``(C) customizing investigative approaches to ensure
                    a culturally and linguistically appropriate approach to
                    the community being served;
                        ``(D) becoming proficient in understanding and
                    responding to complex cases, including cases of domestic
                    violence, dating violence, sexual assault, or stalking--
                              ``(i) facilitated by alcohol or drugs;
                              ``(ii) involving strangulation;
                              ``(iii) committed by a non-stranger;
                              ``(iv) committed by an individual of the same
                          sex as the victim;
                              ``(v) involving a victim with a disability;
                              ``(vi) involving a male victim; or
                              ``(vii) involving a lesbian, gay, bisexual, or
                          transgender (commonly referred to as `LGBT')
                          victim;
                        ``(E) developing collaborative relationships
                    between--
                              ``(i) law enforcement officers and other
                          members of the response team; and
                              ``(ii) the community being served; and
                        ``(F) developing an understanding of how to define,
                    identify, and correctly classify a report of domestic
                    violence, dating violence, sexual assault, or stalking;
                    and
                ``(2) promote the efforts of the eligible entity to improve
            the response of covered individuals to domestic violence, dating
            violence, sexual assault, and stalking through various
            communication channels, such as the website of the eligible
            entity, social media, print materials, and community meetings,
            in order to ensure that all covered individuals within the
            demonstration site of the eligible entity are aware of those
            efforts and included in trainings, to the extent practicable.

        ``(d) Demonstration Program Trainings on Trauma-Informed, Victim-
    Centered Approaches.--
                ``(1) Identification of existing trainings.--
                        ``(A) In general.--The Attorney General shall
                    identify trainings for law enforcement officers, in
                    existence as of the date on which the Attorney General
                    begins to solicit applications for grants under this
                    section, that--
                              ``(i) employ a trauma-informed, victim-
                          centered approach to domestic violence, dating
                          violence, sexual assault, and stalking; and
                              ``(ii) focus on the fundamentals of--
                                        ``(I) trauma responses;

    [[Page 136 STAT. 861]]

                                        ``(II) the impact of trauma on
                                    victims of domestic violence, dating
                                    violence, sexual assault, and stalking;
                                    and
                                        ``(III) techniques for effectively
                                    investigating domestic violence, dating
                                    violence, sexual assault, and stalking.
                        ``(B) Selection.--An eligible entity that receives a
                    grant under this section shall select one or more of the
                    approaches employed by a training identified under
                    subparagraph (A) to test within the demonstration site
                    of the eligible entity.
                ``(2) Consultation.--In carrying out paragraph (1), the
            Attorney General shall consult with the Director of the Office
            for Victims of Crime in order to seek input from and cultivate
            consensus among outside practitioners and other stakeholders
            through facilitated discussions and focus groups on best
            practices in the field of trauma-informed, victim-centered care
            for victims of domestic violence, dating violence, sexual
            assault, and stalking.

        ``(e) <<NOTE: Consultation. Requirements.>>  Evaluation.--The
    Attorney General, in consultation with the Director of the National
    Institute of Justice, shall require each eligible entity that receives a
    grant under this section to identify a research partner, preferably a
    local research partner, to--
                ``(1) design a system for generating and collecting the
            appropriate data to facilitate an independent process or impact
            evaluation of the use of the grant funds;
                ``(2) periodically conduct an evaluation described in
            paragraph (1); and
                ``(3) <<NOTE: Public information.>>  periodically make
            publicly available, during the grant period--
                        ``(A) preliminary results of the evaluations
                    conducted under paragraph (2); and
                        ``(B) <<NOTE: Recommenda- tions.>>  recommendations
                    for improving the use of the grant funds.

        ``(f) Authorization of Appropriations.--There are authorized to be
    appropriated to the Attorney General $5,000,000 for each of fiscal years
    2023 through 2027 to carry out this section.
        ``(g) Rule of Construction.--Nothing in this section shall be
    construed to interfere with the due process rights of any individual.''.
    SEC. 206. <<NOTE: Grants. 34 USC 20129.>>  LGBT SPECIFIC SERVICES
                            PROGRAM.

        (a) Establishment.--The Attorney General, acting through the
    Director of the Violence Against Women Office (referred to in this
    section as the ``Director''), shall make grants to eligible entities to
    enhance lesbian, gay, bisexual, and transgender (referred to in this
    section as ``LGBT'') specific services for victims of domestic violence,
    dating violence, sexual assault and stalking.
        (b) Purpose of Program and Grants .--
                (1) General program purpose.--The purpose of the program
            required by this section is to promote the following:
                        (A) The maintenance and replication of existing
                    successful LGBT specific domestic violence, dating
                    violence, sexual assault, and stalking community-based
                    programs providing services and resources for LGBT
                    victims of domestic violence, dating violence, sexual
                    assault, and stalking.

    [[Page 136 STAT. 862]]

                        (B) The development of innovative LGBT specific
                    strategies and projects to enhance access to services
                    and resources for LGBT victims of domestic violence,
                    dating violence, sexual assault, and stalking who face
                    obstacles to using more traditional services and
                    resources.
                (2) Purposes for which grants may be used.--The Director
            shall make grants to community-based programs for the purpose of
            enhancing LGBT specific services for victims of domestic
            violence, dating violence, sexual assault, and stalking. Grants
            under the program shall support community-based efforts to
            address distinctive LGBT specific responses to domestic
            violence, dating violence, sexual assault, and stalking,
            including--
                        (A) providing or enhancing services for LGBT victims
                    of domestic violence, dating violence, sexual assault,
                    or stalking, including services that address the safety,
                    emotional well-being, economic, housing, legal and
                    workplace needs of LGBT victims;
                        (B) supporting programs that specifically address
                    underserved LGBT communities, including culturally
                    specific communities, to provide specific resources and
                    support for LGBT underserved victims of domestic
                    violence, dating violence, sexual assault, and stalking;
                        (C) working in cooperation with the community to
                    develop education and prevention strategies highlighting
                    LGBT specific issues and resources regarding victims of
                    domestic violence, dating violence, sexual assault, and
                    stalking;
                        (D) conducting outreach activities to ensure that
                    LGBT people who are victims of domestic violence, dating
                    violence, stalking, or sexual assault receive
                    appropriate assistance;
                        (E) providing training for victim service providers,
                    governmental agencies, courts, law enforcement and other
                    first responders, and nonprofit, nongovernmental
                    organizations serving the LGBT community about risk
                    reduction, intervention, prevention, and the nature of
                    domestic violence, dating violence, stalking, and sexual
                    assault;
                        (F) developing and implementing LGBT specific
                    programming that focuses on victim autonomy, agency, and
                    safety in order to provide resolution and restitution
                    for the victim; and
                        (G) providing LGBT specific programs for the non-
                    offending LGBT parents of children exposed to domestic
                    violence, dating violence, sexual assault, and stalking.
                (3) <<NOTE: Contracts.>>  Technical assistance and
            training.--The Director shall provide technical assistance and
            training to grantees of this and other programs under this Act
            regarding the development and provision of effective LGBT
            specific community-based services by entering into cooperative
            agreements or contracts with an organization or organizations
            having a demonstrated expertise in and whose primary purpose is
            addressing the development and provision of LGBT specific
            community-based services to victims of domestic violence, dating
            violence, sexual assault, and stalking.

        (c) Eligible Entities.--Eligible entities for grants under this
    section include--

    [[Page 136 STAT. 863]]

                (1) community-based organizations, the primary purpose of
            which is providing LGBT specific services to victims of domestic
            violence, dating violence, sexual assault, and stalking; and
                (2) community-based organizations, the primary purpose of
            which is providing LGBT specific services that can partner with
            a program having demonstrated expertise in serving victims of
            domestic violence, dating violence, sexual assault, and
            stalking, and that agrees to receive technical assistance from a
            program with LGBT specific expertise.

        (d) Reporting.--The Director shall issue a biennial report on the
    distribution of funding under this section, the progress made in
    replicating and supporting increased services to LGBT victims of
    domestic violence, dating violence, sexual assault, and stalking and the
    types of LGBT specific programs, strategies, technical assistance, and
    training developed or enhanced through this program.
        (e) <<NOTE: Contracts.>>  Evaluation.--The Director shall award a
    contract or cooperative agreement to evaluate programs under this
    section to an entity with the demonstrated expertise in and primary goal
    of providing enhanced access to services and resources for victims of
    domestic violence, dating violence, sexual assault, and stalking who
    face obstacles to using more traditional services and resources.

        (f) Non-Exclusivity.--Nothing in this section shall be construed to
    exclude LGBT community-based organizations from applying to other grant
    programs authorized under this Act.
        (g) <<NOTE: Time period.>>  Authorization of Appropriations.--There
    are authorized to be appropriated to carry out this section $8,000,000
    for each of fiscal years 2023 through 2027, to remain available until
    expended.

         TITLE III--SERVICES, PROTECTION, AND JUSTICE FOR YOUNG VICTIMS

    SEC. 301. RAPE PREVENTION AND EDUCATION GRANT.

        Section 393A of the Public Health Service Act (42 U.S.C. 280b-1b) is
    amended--
                (1) in subsection (a)--
                        (A) in paragraph (2), by inserting before the
                    semicolon at the end the following ``or utilization of
                    other communication technologies for purposes related to
                    such a hotline'';
                        (B) in paragraph (3), by striking ``professionals''
                    and inserting ``professionals, including school-based
                    professionals, to identify and refer students who may
                    have experienced or are at risk of experiencing sexual
                    violence''; and
                        (C) in paragraph (7)--
                              (i) by striking ``sexual assault'' and
                          inserting ``sexual violence, sexual assault, and
                          sexual harassment''; and
                              (ii) by inserting ``and Deaf individuals''
                          before the period at the end;
                (2) in subsection (b), by striking ``Indian tribal'' and
            inserting ``Indian Tribal'';
                (3) by redesignating subsection (c) and (d) as subsections
            (d) and (e), respectively;

    [[Page 136 STAT. 864]]

                (4) by inserting the following new subsection after
            subsection (b):

        ``(c) Meaningful Involvement of State Sexual Assault Coalitions,
    Culturally Specific Organizations, and Underserved Communities.--
    In <<NOTE: Procedures.>>  awarding funds to States under this section,
    the Secretary shall set forth procedures designed to ensure meaningful
    involvement of sexual assault coalitions, culturally specific
    organizations, and representatives from underserved communities of the
    State or territory in the application for, and implementation of,
    funding.'';
                (5) in subsection (d) (as redesignated by paragraph (3))--
                        (A) in paragraph (1), by striking ``$50,000,000 for
                    each of fiscal years 2014 through 2018'' and inserting
                    ``$100,000,000 for each of fiscal years 2023 through
                    2027'';
                        (B) in paragraph (3), by adding at the end the
                    following: ``Not less than 80 percent of the total
                    amount made available under this subsection in each
                    fiscal year shall be awarded in accordance with this
                    paragraph.''; and
                        (C) by adding at the end the following:
                ``(4) State, territorial, and tribal sexual assault
            coalition allotment.--
                        ``(A) In general.--Of the total amount appropriated
                    under this subsection for a fiscal year, not less than
                    15 percent shall be allocated to State, territorial, and
                    Tribal sexual assault coalitions for the purposes of
                    coordinating and providing prevention activities,
                    providing assistance to prevention programs, and
                    collaborating and coordinating with applicable Federal,
                    State, Tribal, and local entities engaged in sexual
                    violence prevention, in accordance with this paragraph.
                        ``(B) Allocations.--Of the total amount appropriated
                    under this subsection and allocated to making awards to
                    sexual assault coalitions, as described in subparagraph
                    (A), for a fiscal year--
                              ``(i) not less than 10 percent shall be made
                          available to Tribal sexual assault coalitions; and
                              ``(ii) any remaining amounts shall be made
                          available, in equal amounts, to each State
                          coalition and each territorial coalition.
                        ``(C) Clarification.--Receipt of an award under this
                    subsection by a sexual assault coalition shall not
                    preclude the coalition from receiving additional grants
                    or administering funds to carry out the purposes
                    described in subsection (a).''; and
                (6) by adding at the end the following:

        ``(f) Report.--Not later than 1 year after the date of the enactment
    of the Violence Against Women Act Reauthorization Act of 2022, the
    Secretary, acting through the Director of the Centers for Disease
    Control and Prevention, shall submit to the Committee on Appropriations,
    the Committee on Energy and Commerce, and the Committee on the Judiciary
    of the House of Representatives and the Committee on Appropriations, the
    Committee on Health, Education, Labor, and Pensions, and the Committee
    on the Judiciary of the Senate a report on the activities funded by
    grants awarded under this section and best practices relating to rape
    prevention and education.''.

    [[Page 136 STAT. 865]]

    SEC. 302. CREATING HOPE THROUGH OUTREACH, OPTIONS, SERVICES, AND
                            EDUCATION (CHOOSE) FOR CHILDREN AND YOUTH.

        Section 41201 of the Violence Against Women Act of 1994 (34 U.S.C.
    12451) is amended--
                (1) in subsection (b)--
                        (A) in paragraph (1)--
                              (i) in the matter preceding subparagraph (A),
                          in the first sentence, by striking ``target youth
                          who are victims of domestic violence, dating
                          violence, sexual assault, stalking, and sex
                          trafficking'' and inserting ``target youth,
                          including youth in underserved populations, who
                          are victims of domestic violence, dating violence,
                          sexual assault, stalking, and sex trafficking'';
                              (ii) in subparagraph (B), by striking ``or''
                          at the end;
                              (iii) in subparagraph (C), by striking the
                          period at the end and inserting a semicolon; and
                              (iv) by inserting after subparagraph (C) the
                          following:
                        ``(D) clarify State or local mandatory reporting
                    policies and practices regarding peer-on-peer dating
                    violence, sexual assault, stalking, and sex trafficking;
                    or
                        ``(E) develop, enlarge, or strengthen culturally
                    specific victim services and responses related to, and
                    prevention of, female genital mutilation or cutting.'';
                        (B) in paragraph (2)--
                              (i) in subparagraph (A), by striking
                          ``stalking, or sex trafficking'' and inserting
                          ``stalking, sex trafficking, or female genital
                          mutilation or cutting'';
                              (ii) in subparagraph (C), by inserting
                          ``confidential'' before ``support services''; and
                              (iii) in subparagraph (E), by inserting after
                          ``programming for youth'' the following: ``,
                          including youth in underserved populations,''; and
                        (C) by adding at the end the following:
                ``(3) Children exposed to violence and abuse.--To develop,
            maintain, or enhance programs designed to prevent future
            incidents of domestic violence, dating violence, sexual assault,
            and stalking by preventing, reducing and responding to
            children's exposure to violence in the home, including by--
                        ``(A) providing services for children exposed to
                    domestic violence, dating violence, sexual assault or
                    stalking, including--
                              ``(i) direct counseling or advocacy; and
                              ``(ii) support for the non-abusing parent; and
                        ``(B) training and coordination for educational,
                    after-school, and childcare programs on how to--
                              ``(i) safely and confidentially identity
                          children and families experiencing domestic
                          violence, dating violence, sexual assault, or
                          stalking; and
                              ``(ii) properly refer children exposed and
                          their families to services and violence prevention
                          programs.
                ``(4) Teen dating violence awareness and prevention.--To
            develop, maintain, or enhance programs that change attitudes and
            behaviors around the acceptability of domestic

    [[Page 136 STAT. 866]]

            violence, dating violence, sexual assault, and stalking and
            provide education and skills training to young individuals and
            individuals who influence young individuals, which--
                        ``(A) may include the use evidenced-based, evidence-
                    informed, or innovative strategies and practices focused
                    on youth; and
                        ``(B) shall include--
                              ``(i) age and developmentally-appropriate
                          education on--
                                        ``(I) domestic violence;
                                        ``(II) dating violence;
                                        ``(III) sexual assault;
                                        ``(IV) stalking;
                                        ``(V) sexual coercion; and
                                        ``(VI) healthy relationship skills,
                                    in school, in the community, or in
                                    health care settings;
                              ``(ii) community-based collaboration and
                          training for individuals with influence on youth,
                          such as parents, teachers, coaches, healthcare
                          providers, faith leaders, older teens, and
                          mentors;
                              ``(iii) education and outreach to change
                          environmental factors contributing to domestic
                          violence, dating violence, sexual assault, and
                          stalking; and
                              ``(iv) policy development targeted to
                          prevention, including school-based policies and
                          protocols.'';
                (2) in subsection (c)--
                        (A) in paragraph (1)(A)--
                              (i) by inserting ``organization'' after
                          ``tribal nonprofit''; and
                              (ii) by inserting ``Native Hawaiian
                          organization, urban Indian organization,'' before
                          ``or population-specific community-based
                          organization''; and
                        (B) in paragraph (2)(A), by striking ``paragraph
                    (1)'' and inserting ``subparagraph (A) or (B) of
                    paragraph (1)'';
                (3) in subsection (d)(3), by striking the period at the end
            and inserting ``, including training on working with youth
            victims of domestic violence, dating violence, sexual assault,
            or sex trafficking in underserved populations, if such youth are
            among those being served.''; and
                (4) in subsection (f), by striking ``$15,000,000 for each of
            fiscal years 2014 through 2018'' and inserting ``$30,000,000 for
            each of fiscal years 2023 through 2027''.
    SEC. 303. GRANTS TO COMBAT VIOLENT CRIMES ON CAMPUSES.

        (a) In General.--Section 304 of the Violence Against Women and
    Department of Justice Reauthorization Act of 2005 (34 U.S.C. 20125) is
    amended--
                (1) in subsection (a)--
                        (A) by striking paragraph (2); and
                        (B) by redesignating paragraph (3) as paragraph (2);
                (2) in subsection (b)--
                        (A) by amending paragraph (2) to read as follows:
                ``(2) To develop, strengthen, and implement campus policies,
            protocols, and services that more effectively identify and
            respond to the crimes of domestic violence, dating violence,
            sexual assault, and stalking, including the use of technology to
            commit these crimes, and to train campus administrators,

    [[Page 136 STAT. 867]]

            campus security personnel, and all participants in the
            resolution process, including personnel from the Title IX
            coordinator's office, student conduct office, and campus
            disciplinary or judicial boards on such policies, protocols, and
            services that promote a prompt, fair, and impartial
            investigation.'';
                        (B) by amending paragraph (3) to read as follows:
                ``(3) To provide prevention and education programming about
            domestic violence, dating violence, sexual assault, and
            stalking, including technological abuse and reproductive and
            sexual coercion, that is age-appropriate, culturally relevant,
            ongoing, delivered in multiple venues on campus, accessible,
            promotes respectful nonviolent behavior as a social norm, and
            engages men and boys. Such programming should be developed in
            partnership or collaboratively with experts in intimate partner
            and sexual violence prevention and intervention.'';
                        (C) in paragraph (9), by striking ``and provide''
                    and inserting ``, provide, and disseminate'';
                        (D) in paragraph (10), by inserting after ``or
                    adapt'' the following: ``and disseminate''; and
                        (E) by inserting after paragraph (10) the following:
                ``(11) To train campus health centers and appropriate campus
            faculty, such as academic advisors or professionals who deal
            with students on a daily basis, on how to recognize and respond
            to domestic violence, dating violence, sexual assault, and
            stalking, including training health providers on how to provide
            universal education to all members of the campus community on
            the impacts of violence on health and unhealthy relationships
            and how providers can support ongoing outreach efforts.
                ``(12) To train campus personnel in how to use a victim-
            centered, trauma-informed interview technique, which means
            asking questions of a student or a campus employee who is
            reported to be a victim of sexual assault, domestic violence,
            dating violence, or stalking, in a manner that is focused on the
            experience of the reported victim, that does not judge or blame
            the reported victim for the alleged crime, and that is informed
            by evidence-based research on trauma
            response. <<NOTE: Records.>>  To the extent practicable, campus
            personnel shall allow the reported victim to participate in a
            recorded interview and to receive a copy of the recorded
            interview.
                ``(13) To develop and implement restorative practices (as
            defined in section 40002(a) of the Violence Against Women Act of
            1994 (34 U.S.C. 12291(a))).'';
                (3) in subsection (c)(3), by striking ``2014 through 2018''
            and inserting ``2023 through 2027'';
                (4) in subsection (d)--
                        (A) in paragraph (3)--
                              (i) in subparagraph (B), by striking ``for all
                          incoming students'' and inserting ``for all
                          students''; and
                              (ii) by striking subparagraph (D) and
                          inserting the following:
                        ``(D) The grantee shall train all participants in
                    the resolution process, including the campus
                    disciplinary board, the title IX coordinator's office,
                    and the student conduct office, to respond effectively
                    to situations involving domestic violence, dating
                    violence, sexual assault, or stalking.''; and

    [[Page 136 STAT. 868]]

                        (B) in paragraph (4)(C), by inserting after ``sex,''
                    the following: ``sexual orientation, gender identity,'';
                    and
                (5) in subsection (e), by striking ``$12,000,000 for each of
            fiscal years 2014 through 2018'' and inserting ``$15,000,000 for
            each of fiscal years 2023 through 2027, of which not less than
            10 percent shall be made available for grants to historically
            Black colleges and universities''.

        (b) Report on Best Practices Regarding Domestic Violence, Dating
    Violence, Sexual Assault, and Stalking on Campuses.--Not later than 1
    year after the date of enactment of this Act, the Secretary of Education
    shall submit to Congress a report, which shall include--
                (1) <<NOTE: Evaluation.>>  an evaluation of programs,
            events, and educational materials related to domestic violence,
            dating violence, sexual assault, and stalking; and
                (2) <<NOTE: Assessment.>>  an assessment of best practices
            and guidance from the evaluation described in paragraph (1),
            which shall be made publicly available online to universities
            and college campuses to use as a resource.
    SEC. 304. STUDY ON STATE COVERAGE OF FORENSIC EXAMINATIONS AND
                            RELATED COSTS FOLLOWING A SEXUAL ASSAULT.

        Not <<NOTE: Reports.>>  later than 270 days after the date of
    enactment of this Act, the Comptroller General of the United States
    shall issue a report to Congress on requirements and funding of States
    for forensic exams conducted after sexual assaults and any related
    medical expenses, as applicable, which shall include, with respect to
    each State--
                (1) the total annual cost of conducting forensic exams
            described in section 2010(b) of part T of title I of the Omnibus
            Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10449(b));
                (2) each funding source used to pay for the forensic exams
            described in section 2010(b) of part T of title I of the Omnibus
            Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10449(b));
                (3) a description of any laws or policies of the State to
            ensure that individuals do not receive bills for all or part of
            the cost of forensic exams conducted after sexual assaults,
            consistent with section 2010(b) of part T of title I of the
            Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C.
            10449(b)), including any oversight to ensure those individuals
            do not receive bills;
                (4) an identification of any best practices implemented by
            the State to ensure that individuals do not receive bills for
            forensic exams conducted after sexual assaults;
                (5) any requirements under laws of the State relating to
            payment for medical expenses and ancillary costs relating to a
            sexual assault, which may include treatment of injuries
            associated with the assault, imaging (including x-rays, MRIs,
            and CAT scans), and other emergency medical care required as a
            result of the sexual assault for which a victim receives a
            forensic exam; and
                (6) if a law of the State requires the State to pay for the
            medical expenses described in paragraph (5)--
                        (A) <<NOTE: List.>>  a detailed list of which
                    medical expenses require coverage;

    [[Page 136 STAT. 869]]

                        (B) the total annual cost of medical expenses
                    relating to a sexual assault for which a victim receives
                    a forensic exam outside of the cost of the forensic
                    exam; and
                        (C) each funding source the State uses to pay for
                    medical expenses relating to a sexual assault for which
                    a victim receives a forensic exam.

                     TITLE IV--VIOLENCE REDUCTION PRACTICES

    SEC. 401. STUDY CONDUCTED BY THE CENTERS FOR DISEASE CONTROL AND
                            PREVENTION.

        Section 402 of the Violence Against Women and Department of Justice
    Reauthorization Act of 2005 (42 U.S.C. 280b-4) is amended--
                (1) in subsection (b), by striking ``violence against
            women'' and inserting ``violence against adults, youth,''; and
                (2) in subsection (c), by striking ``the fiscal years 2014
            through 2018'' and inserting ``fiscal years 2023 through 2027''.
    SEC. 402. SAVING MONEY AND REDUCING TRAGEDIES THROUGH PREVENTION
                            (SMART PREVENTION) GRANTS.

        Section 41303 of the Violence Against Women Act of 1994 (34 U.S.C.
    12463) is amended--
                (1) in subsection (a), by striking ``taking a comprehensive
            approach that focuses on youth, children exposed to violence,
            and men'' and inserting ``focusing on men and youth'';
                (2) in subsection (b)--
                        (A) by striking ``for the following purposes:'' and
                    all that follows through ``(3) engaging men as leaders
                    and models.--To develop'' and inserting ``to develop'';
                    and
                        (B) by inserting ``and youth'' after ``men'' the
                    first 2 times it appears;
                (3) in subsection (d)(3)--
                        (A) in subparagraph (A), by striking ``and'' at the
                    end;
                        (B) in subparagraph (B), by striking the period at
                    the end and inserting ``; and''; and
                        (C) by adding at the end the following:
                        ``(C) include a focus on the unmet needs of
                    underserved populations.'';
                (4) in subsection (f), by striking ``$15,000,000 for each of
            fiscal years 2014 through 2018'' and inserting ``$20,000,000 for
            each of fiscal years 2023 through 2027''; and
                (5) by striking subsection (g).

            TITLE V--STRENGTHENING THE HEALTH CARE SYSTEM'S RESPONSE

    SEC. 501. GRANTS TO STRENGTHEN THE HEALTH CARE SYSTEM'S RESPONSE
                            TO DOMESTIC VIOLENCE, DATING VIOLENCE,
                            SEXUAL ASSAULT, AND STALKING.

        Section 399P of the Public Health Service Act (42 U.S.C. 280g-4) is
    amended--
                (1) in subsection (a)--

    [[Page 136 STAT. 870]]

                        (A) in paragraph (1), by inserting ``community
                    health workers, violence prevention advocates working
                    with health providers,'' after ``health staff,'';
                        (B) in paragraph (2), by striking ``for medical''
                    and all that follows through ``stalking; and'' and
                    inserting ``for medical, psychology, dental, social
                    work, nursing, and other health profession students,
                    interns, residents, fellows, or current health care
                    providers (including midwives and doulas);''; and
                        (C) in paragraph (3)--
                              (i) by striking ``response'' and inserting
                          ``capacity'';
                              (ii) by inserting ``prevent and respond to''
                          after ``(including behavioral and mental health
                          programs) to''; and
                              (iii) by striking the period at the end and
                          inserting a semicolon; and
                        (D) by adding at the end the following:
                ``(4) the development or enhancement and implementation of
            training programs to improve the capacity of early childhood
            programs to address domestic violence, dating violence, sexual
            assault, and stalking among families they serve; and
                ``(5) the development or enhancement and implementation of
            comprehensive statewide strategies for health and violence
            prevention programs to work together to promote primary
            prevention of domestic violence, dating violence, sexual
            assault, and stalking.'';
                (2) in subsection (b)(1)--
                        (A) in subparagraph (A)(i)--
                              (i) by striking ``to identify and provide''
                          and inserting ``to provide universal education on
                          healthy relationships and provide trauma-
                          informed''; and
                              (ii) by striking ``and'' at the end;
                        (B) in subparagraph (A)(ii)--
                              (i) by striking ``culturally competent
                          clinical training components'' and inserting
                          ``training components that center the experiences
                          of, and are developed in collaboration with,
                          culturally specific individuals and American
                          Indians and Alaska Natives, and include community-
                          defined practices such as the use of doulas,
                          midwives, and traditional healers,'';
                              (ii) by inserting ``(including labor and sex
                          trafficking)'' after ``other forms of violence and
                          abuse''; and
                              (iii) by striking ``disparities'' and
                          inserting ``inequities'';
                        (C) in subparagraph (A), by inserting after clause
                    (ii) the following:
                              ``(iii) are designed to be inclusive of the
                          experiences of all individuals, including LGBT
                          individuals, and include training on improving
                          equity and reducing disparities in access to
                          health care services and prevention resources; and
                              ``(iv) include training on the use of a
                          universal prevention education approach to both
                          prevent and respond to domestic violence, dating
                          violence, sexual assault, or stalking in health
                          care settings;'';

    [[Page 136 STAT. 871]]

                        (D) in subparagraph (B), in the matter preceding
                    clause (i), by striking ``response of the health care
                    system'' and inserting ``capacity of the health care
                    system to prevent and respond'';
                        (E) in subparagraph (B)(i)--
                              (i) by striking ``identifying and responding
                          to'' inserting ``identifying, responding to, and
                          promoting prevention of'';
                              (ii) by inserting ``during in-person or
                          virtual visits'' after ``and stalking''; and
                              (iii) by inserting ``and to maximize victim
                          choice on the use and sharing of their health
                          information'' before the semicolon at the end;
                        (F) in subparagraph (B)(ii)--
                              (i) by striking ``on-site access to'' and all
                          that follows through the semicolon at the end and
                          inserting the following: ``services to address the
                          safety, medical, and mental health needs of
                          patients by--
                                        ``(I) increasing the capacity of
                                    existing health care professionals
                                    (including professionals who specialize
                                    in trauma or in substance use disorders)
                                    in behavioral and mental health care,
                                    community health workers, and public
                                    health staff to address domestic
                                    violence, dating violence, sexual
                                    assault, stalking, and children exposed
                                    to violence;
                                        ``(II) contracting with or hiring
                                    advocates for victims of domestic
                                    violence or sexual assault to provide
                                    such services; or
                                        ``(III) providing funding to State
                                    domestic and sexual violence coalitions
                                    to improve the capacity of such
                                    coalitions to coordinate and support
                                    health advocates and other health system
                                    partnerships;'';
                        (G) in subparagraph (B)(iii)--
                              (i) by striking ``of identification'' and
                          inserting ``of prevention'';
                              (ii) by inserting ``during in-person or
                          virtual visits'' after ``and stalking''; and
                              (iii) by striking ``and'' at the end;
                        (H) in subparagraph (B)(iv)--
                              (i) by inserting ``and promote prevention
                          during in-person or virtual visits,'' after ``or
                          stalking,''; and
                              (ii) by striking the period at the end and
                          inserting a semicolon;
                        (I) in subparagraph (B), by adding at the end the
                    following:
                              ``(v) the development, implementation,
                          dissemination, and evaluation of best practices,
                          tools, and training materials, including
                          culturally relevant tools, for mental health,
                          behavioral health, and substance use disorder
                          professionals to identify and respond to domestic
                          violence, sexual violence, stalking, and dating
                          violence; and
                              ``(vi) the development and provision of
                          culturally relevant training and follow-up
                          technical assistance to health care professionals,
                          and public health staff, and allied health
                          professionals to identify, assess, treat, and
                          refer clients who are victims of domestic
                          violence,

    [[Page 136 STAT. 872]]

                          dating violence, sexual assault, or stalking from
                          culturally specific communities and promote
                          prevention, using tools and training materials,
                          developed by and for culturally specific
                          communities, with priority given to trainings
                          provided by culturally specific organizations;
                          and''; and
                        (J) by inserting after subparagraph (B) the
                    following:
                        ``(C) design and implement comprehensive strategies
                    to prevent domestic or sexual violence including through
                    the use of universal education in clinical and public
                    health settings, hospitals, clinics and other health
                    settings.'';
                (3) in subsection (b)(2)(A)--
                        (A) in the subparagraph heading, by striking ``Child
                    and elder abuse'' and inserting ``Child abuse and abuse
                    in later life''; and
                        (B) by striking ``child or elder abuse'' and
                    inserting ``child abuse or abuse in later life'';
                (4) in subsection (b)(2)(C)(i), by striking ``elder abuse''
            and inserting ``abuse in later life'';
                (5) in subsection (b)(2)(C)(ii), by inserting ``programs
            that promote the prevention of sexual assault as well as'' after
            ``implementation of'';
                (6) in subsection (b)(2)(C)(iii)--
                        (A) by inserting ``and exposure to violence across
                    generations'' after ``abuse''; and
                        (B) by striking ``or'' at the end;
                (7) in subsection (b)(2)(C)(iv)--
                        (A) by inserting ``mental health,'' after
                    ``dental,''; and
                        (B) by striking ``exams.'' and inserting ``exams and
                    certifications;'';
                (8) in subsection (b)(2)(C), by inserting after clause (iv)
            the following:
                              ``(v) providing funding to culturally specific
                          organizations to improve the capacity of such
                          organizations to engage and partner with health
                          care providers to support victims and meet
                          increased referrals from health systems;
                              ``(vi) developing a State-level pilot program
                          to--
                                        ``(I) improve the response of
                                    substance use disorder treatment
                                    programs, harm reduction programs for
                                    people who use substances, and systems
                                    to domestic violence, dating violence,
                                    sexual assault, and stalking;
                                        ``(II) improve the capacity of
                                    substance use disorder treatment
                                    programs, harm reduction programs for
                                    people who use substances, and systems
                                    to serve survivors of domestic violence,
                                    dating violence, sexual assault, and
                                    stalking dealing with substance use
                                    disorder; and
                                        ``(III) improve the capacity of
                                    domestic violence, dating violence,
                                    sexual assault, and stalking programs to
                                    serve survivors who have substance use
                                    history; or
                              ``(vii) developing and utilizing existing
                          technical assistance and training resources to
                          improve the capacity of substance use disorder
                          treatment programs

    [[Page 136 STAT. 873]]

                          and harm reduction programs for people who use
                          substances to address domestic violence, dating
                          violence, sexual assault, and stalking among
                          patients the programs serve.'';
                (9) in subsection (c)(3)(A), by striking ``given to outcome
            based evaluations.'' and inserting the following: ``given to--
                              ``(i) outcome based evaluations;
                              ``(ii) culturally specific and population
                          specific organizations; and
                              ``(iii) programs developing and implementing
                          community-driven solutions to address domestic
                          violence, dating violence, sexual assault, or
                          stalking.'';
                (10) in subsection (c)(3)(B)(i)(III), by inserting ``,
            including a culturally specific organization or community-based
            organization working to address the social determinants of
            health,'' after ``nonprofit entity'';
                (11) in subsection (c)(3)(C)(ii)--
                        (A) by striking ``strategies for'' and inserting the
                    following: ``strategies--
                                        ``(I) for'';
                        (B) by inserting ``and generations'' after
                    ``lifespan'';
                        (C) by striking ``settings;'' and inserting
                    ``settings; and''; and
                        (D) by adding at the end the following:
                                        ``(II) to address primary prevention
                                    of domestic violence, dating violence,
                                    sexual assault, and stalking over the
                                    lifespan and generations, including
                                    strategies that address related social
                                    determinants of health, economic
                                    justice, and equity issues, and that are
                                    inclusive of LGBT individuals;'';
                (12) in subsection (c)(3)(C)(iii), by striking ``State or
            tribal law enforcement task forces (where appropriate)'' and
            inserting ``culturally specific organizations'';
                (13) in subsection (c)(3)(C)(iv), by inserting ``(including
            culturally specific organizations)'' after ``service
            providers'';
                (14) in subsection (d)(2)(A)--
                        (A) by inserting ``(including mental health or
                    substance abuse agencies)'' after ``of health'';
                        (B) by striking ``or mental'' and inserting ``or
                    behavioral''; and
                        (C) by inserting ``and substance use disorder
                    prevention and treatment'' before the semicolon at the
                    end;
                (15) in subsection (d)(2)(B)--
                        (A) by inserting ``behavioral health treatment
                    system,'' after ``hospital,'';
                        (B) by striking ``or any other community-based'' and
                    inserting ``a community-based''; and
                        (C) by inserting ``or substance use disorder
                    prevention and treatment, or a community-based
                    organization with a history of partnership with programs
                    in the field of domestic violence, dating violence,
                    sexual assault, or stalking and health care, including
                    physical or mental health care or substance use disorder
                    prevention and treatment'' after ``mental health care'';
                (16) in subsection (g)--

    [[Page 136 STAT. 874]]

                        (A) by striking ``$10,000,000'' and inserting
                    ``$20,000,000''; and
                        (B) by striking ``2014 through 2018'' and inserting
                    ``2023 through 2027''; and
                (17) in subsection (h)--
                        (A) by striking ``herein''; and
                        (B) by striking ``provided for''.
    SEC. 502. MATERNAL MORTALITY OR MORBIDITY STUDY.

        (a) <<NOTE: Consultation.>>  Study.--The Secretary of Health and
    Human Services, acting through the Director of the Centers for Disease
    Control and Prevention and in consultation with the Attorney General,
    the Director of the Indian Health Service, and other stakeholders
    (including community based organizations), shall conduct a study on the
    leading causes of pregnancy-associated morbidity and mortality and the
    extent which domestic violence, dating violence, sexual assault, or
    stalking throughout the United States contribute to the risk of maternal
    mortality or morbidity.

        (b) Reports.--Not later than 3 years after the date of enactment of
    this Act, the Secretary of Health and Human Services, in consultation
    with the Attorney General, the Director of the Indian Health Service,
    and other stakeholders (including community based organizations), shall
    report to Congress on the study conducted under subsection (a), which
    shall include the following:
                (1) <<NOTE: Analysis.>>  An analysis of the extent to which
            domestic violence, dating violence, sexual assault, or stalking
            contribute to pregnancy-associated morbidity and mortality.
                (2) <<NOTE: Analysis.>>  An analysis of the impact of
            domestic violence, dating violence, sexual assault, or stalking
            on access to health care.
                (3) A breakdown of individuals particularly impacted by
            domestic violence, dating violence, sexual assault, or stalking,
            by race and ethnicity, disability status, and sexual orientation
            and gender identity.
                (4) <<NOTE: Analysis.>>  An analysis of the impact of
            domestic violence, dating violence, sexual assault, or stalking
            on Tribal communities and among Indians.
                (5) <<NOTE: Assessment.>>  An assessment of the factors that
            increase risks for infant and maternal mortality or morbidity
            among victims of domestic violence, dating violence, sexual
            assault, or stalking.
                (6) <<NOTE: Recommenda- tions.>>  Recommendations for
            legislative or policy changes to help reduce infant and maternal
            mortality rates.
                (7) Best practices to reduce pregnancy-related deaths among
            survivors of domestic violence, dating violence, sexual assault,
            or stalking.
                (8) Any other information on maternal mortality or morbidity
            the Secretary determines appropriate to include in the report.
    SEC. 503. <<NOTE: 42 USC 280g-4a.>>  UNDERSTANDING SEXUAL ASSAULT
                            CARE IN HEALTH SYSTEMS.

        (a) Purpose.--It is the purpose of this section to identify areas
    for improvement in health care delivery systems providing forensic
    examinations to survivors of sexual assault.
        (b) <<NOTE: Surveys.>>  Grants.--The Secretary of Health and Human
    Services (referred to in this section as ``the Secretary'') shall award
    grants to States and Indian Tribes to develop and implement State and
    Tribal surveys to identify--

    [[Page 136 STAT. 875]]

                (1) the availability of, and patient access to, medical
            forensic examinations;
                (2) the training level of the health care providers who
            perform medical forensic examinations;
                (3) the hospitals or clinics that offer medical forensic
            examinations and whether each hospital or clinic has full-time,
            part-time, or on-call coverage;
                (4) barriers to medical forensic examinations provided
            through sexual assault care and services;
                (5) billing and reimbursement practices for medical forensic
            examinations;
                (6) State and Tribal requirements, minimum standards, and
            protocols for training sexual assault examiners for sexual
            assault forensic examiners and for other personnel involved in
            medical forensic examinations;
                (7) the availability of sexual assault forensic examiner
            training, the frequency of such training, the providers of such
            training, the State's or Indian Tribe's role in such training,
            and the processes or procedures in place for continuing
            education of such examiners; and
                (8) the dedicated Federal and State funding available to
            support sexual assault forensic examiner training.

        (c) <<NOTE: Determination.>>  Eligibility.--To be eligible to
    receive a grant under this section, a State or Indian Tribe shall submit
    to the Secretary an application through a competitive process to be
    determined by the Secretary.

        (d) Public Dissemination and Campaign.--
                (1) <<NOTE: Web posting. Time period.>>  Public
            availability.--The results of the surveys conducted under grants
            awarded under this section shall be published by the Secretary
            on the website of the Department of Health and Human Services on
            a biennial basis.
                (2) Campaigns.--A State or Indian Tribe that receives a
            grant under this section shall carry out the following
            activities:
                        (A) Make the findings of the survey conducted using
                    amounts received under the grant public, including a map
                    showing health care providers who perform medical
                    forensic examinations, based on the findings from the
                    State and Tribal surveys under subsection (b)(3).
                        (B) <<NOTE: Strategic plan.>>  Use the findings to
                    develop a strategic action plan to increase the number
                    of trained medical forensic examiners available in the
                    State or Tribal community and create policies to
                    increase survivor access to trained examiners.
                        (C) Use the findings to develop and implement a
                    public awareness campaign that includes the following:
                              (i) An online toolkit describing how and where
                          sexual assault survivors can obtain assistance and
                          care, including medical forensic examinations, in
                          the State or Tribal community.
                              (ii) A model standard response protocol for
                          health care providers to implement upon arrival of
                          a patient seeking care for sexual assault.
                              (iii) A model sexual assault response team
                          protocol incorporating interdisciplinary community
                          coordination between hospitals, emergency
                          departments, hospital administration, local rape
                          crisis programs, law enforcement, prosecuting
                          attorneys, and other health and human service
                          agencies and stakeholders with respect

    [[Page 136 STAT. 876]]

                          to delivering survivor-centered sexual assault
                          care and medical forensic examinations.
                              (iv) <<NOTE: Notice.>>  A notice of applicable
                          laws prohibiting charging or billing survivors of
                          sexual assault for care and services related to
                          sexual assault.

        (e) <<NOTE: Time period.>>  Authorization of Appropriations.--There
    is authorized to be appropriated to carry out this section $7,000,000
    for each of fiscal years 2023 through 2027.
    SEC. 504. <<NOTE: 42 USC 280g-4a note.>>  NATIONAL REPORT ON
                            SEXUAL ASSAULT SERVICES IN OUR NATION'S
                            HEALTH SYSTEM.

        (a) <<NOTE: Consultation.>>  In General.--Not later than 1 year
    after the date of enactment of this Act, and annually thereafter, the
    Agency for Healthcare Research and Quality, in consultation with the
    Centers for Medicare & Medicaid Services, the Centers for Disease
    Control and Prevention, the Health Resources and Services
    Administration, the Indian Health Service, the Office for Victims of
    Crime of the Department of Justice, the Office on Women's Health of the
    Department of Health and Human Services, and the Office of Violence
    Against Women of the Department of Justice (collectively referred to in
    this section as the ``Agencies''), shall submit to the Secretary of
    Health and Human Services (referred to in this section as ``the
    Secretary'') a report of existing Federal, Indian Tribe, and State
    practices relating to medical forensic examinations which may include
    the findings of the surveys developed under section 503.

        (b) Core Competencies.--In conducting activities under this section,
    the Agencies shall address sexual assault forensic examination
    competencies, including--
                (1) providing medical care to sexual assault patients;
                (2) demonstrating the ability to conduct a medical forensic
            examination, including an evaluation for evidence collection;
                (3) showing compassion and sensitivity towards survivors of
            sexual assault;
                (4) <<NOTE: Testimony.>>  testifying in Federal, State,
            local, and Tribal courts; and
                (5) other competencies, as the Agencies determine
            appropriate.

        (c) <<NOTE: Web posting. Public information.>>  Publication.--The
    Agency for Healthcare Research and Quality shall establish, maintain,
    and publish on the website of the Department of Health and Human
    Services an online public map of availability of sexual assault forensic
    examinations. Such maps shall clarify if there is full-time, part-time,
    or on-call coverage.

        (d) <<NOTE: Recommenda- tions.>>  Report to Congress.--Not later
    than 60 days after receiving the report described in subsection (a), the
    Secretary shall submit to the Committee on Health, Education, Labor, and
    Pensions of the Senate and the Committee on Energy and Commerce and the
    Committee on Education and Labor of the House of Representatives
    recommendations for improving sexual assault forensic examination
    competencies based on the report described in subsection (a).
    SEC. 505. <<NOTE: 42 USC 280g-4b note.>>  IMPROVING AND
                            STRENGTHENING THE SEXUAL ASSAULT EXAMINER
                            WORKFORCE CLINICAL AND CONTINUING
                            EDUCATION PILOT PROGRAM.

        (a) Purpose.--It is the purpose of this section to establish a pilot
    program to develop, test, and implement training and continuing
    education that expands and supports the availability of

    [[Page 136 STAT. 877]]

    medical forensic examination services for survivors of sexual assault.
        (b) Establishment.--
                (1) In general.--Not later than 1 year after the date of
            enactment of this Act, the Secretary of Health and Human
            Services (referred to in this section as ``the Secretary'')
            shall establish a National Continuing and Clinical Education
            Pilot Program for sexual assault forensic examiners, sexual
            assault nurse examiners, and other individuals who perform
            medical forensic examinations.
                (2) Consultation.--In establishing such program, the
            Secretary shall consult with the Centers for Medicare & Medicaid
            Services, the Centers for Disease Control and Prevention, the
            Health Resources and Services Administration, the Indian Health
            Service, the Office for Victims of Crime of the Department of
            Justice, the Office on Violence Against Women of the Department
            of Justice, and the Office on Women's Health of the Department
            of Health and Human Services, and shall solicit input from
            regional, national, and Tribal organizations with expertise in
            forensic nursing, rape trauma or crisis counseling,
            investigating rape and gender violence cases, survivors'
            advocacy and support, sexual assault prevention education, rural
            health, and responding to sexual violence in Tribal communities.

        (c) <<NOTE: Update.>>  Functions.--The pilot program established
    under subsection (b) shall develop, pilot, implement, and update, as
    appropriate, continuing and clinical education program modules,
    webinars, and programs for all hospitals and providers to increase
    access to medical forensic examination services and address ongoing
    competency issues in medical forensic examination services, including--
                (1) training and continuing education to help support sexual
            assault forensic examiners practicing in rural or underserved
            areas;
                (2) training to help connect sexual assault survivors who
            are Indian with sexual assault forensic examiners, including
            through emergency first aid, referrals, culturally competent
            support, and forensic evidence collection in rural communities;
                (3) replication of successful sexual assault forensic
            examination programs to help develop and improve the evidence
            base for medical forensic examinations; and
                (4) training to increase the number of medical professionals
            who are considered sexual assault forensic examiners based on
            the recommendations of the National Sexual Assault Forensic
            Examination Training Standards issued by the Office on Violence
            Against Women of the Department of Justice.

        (d) Eligibility to Participate in Pilot Programs.--The Secretary
    shall ensure that medical forensic examination services provided under
    the pilot program established under subsection (b), and other medical
    forensic examiner services under the pilot program are provided by
    health care providers who are also one of the following:
                (1) A physician, including a resident physician.
                (2) A nurse practitioner.
                (3) A nurse midwife.
                (4) A physician assistant.
                (5) A certified nurse specialist.

    [[Page 136 STAT. 878]]

                (6) A registered nurse.
                (7) A community health practitioner or a community health
            aide who has completed level III or level IV certification and
            training requirements.

        (e) Nature of Training.--The continuing education program
    established under this section shall incorporate and reflect current
    best practices and standards on medical forensic examination services
    consistent with the purpose of this section.
        (f) Availability.--After termination of the pilot program
    established under subsection (b)(1), the training and continuing
    education program established under such program shall be available to
    all sexual assault forensic examiners and other providers employed by,
    or any individual providing services through, facilities that receive
    Federal funding.
        (g) Effective Date.--The pilot program established under this
    section shall terminate on the date that is 2 years after the date of
    such establishment.
        (h) <<NOTE: Time period.>>  Authorization.--There are authorized to
    be appropriated to carry out this section $5,000,000 for each of fiscal
    years 2023 through 2025.
    SEC. 506. <<NOTE: 42 USC 280g-4b.>>  EXPANDING ACCESS TO UNIFIED
                            CARE.

        (a) <<NOTE: Grants.>>  Establishment of Program.--The Secretary of
    Health and Human Services (referred to in this section as the
    ``Secretary'') shall establish a program (referred to in this section as
    the ``program'') to award grants to eligible entities for the clinical
    training of sexual assault forensic examiners (including registered
    nurses, nurse practitioners, nurse midwives, clinical nurse specialists,
    physician assistants, and physicians) to administer medical forensic
    examinations and treatments to survivors of sexual assault.

        (b) Purpose.--The purpose of the program is to enable each grant
    recipient to expand access to medical forensic examination services by
    providing new providers with the clinical training necessary to
    establish and maintain competency in such services and to test the
    provisions of such services at new facilities in expanded health care
    settings.
        (c) <<NOTE: Time period.>>  Grants.--Under the program, the
    Secretary shall award 3-year grants to eligible entities that meet the
    requirements established by the Secretary.

        (d) Eligible Entities.--To be eligible to receive a grant under this
    section, an entity shall--
                (1) be--
                        (A) a safety net clinic acting in partnership with a
                    high-volume emergency services provider or a hospital
                    currently providing sexual assault medical forensic
                    examinations performed by sexual assault forensic
                    examiners, that will use grant funds to--
                              (i) assign rural health care service providers
                          to the high-volume hospitals for clinical
                          practicum hours to qualify such providers as
                          sexual assault forensic examiners; or
                              (ii) assign practitioners at high-volume
                          hospitals to rural health care services providers
                          to instruct, oversee, and approve clinical
                          practicum hours in the community to be served;

    [[Page 136 STAT. 879]]

                        (B) an organization described in section 501(c)(3)
                    of the Internal Revenue Code of 1986 and exempt from
                    taxation under 501(a) of such Code, that provides legal
                    training and technical assistance to Tribal communities
                    and to organizations and agencies serving Indians; or
                        (C) an Indian Tribe (as defined in section 4 of the
                    Indian Self-Determination and Education Assistance Act
                    (25 U.S.C. 5304)); and
                (2) <<NOTE: Application.>>  submit to the Secretary an
            application at such time, in such manner, and containing such
            information as the Secretary may require, including a
            description of whether the applicant will provide services
            described in subparagraph (A) or (B) of paragraph (1).

        (e) Grant Amount.--Each grant awarded under this section shall be in
    an amount not to exceed $400,000 per year. A grant recipient may carry
    over funds from one fiscal year to the next without obtaining approval
    from the Secretary.
        (f) Authorization of Appropriations.--
                (1) <<NOTE: Time period.>>  In general.--There is authorized
            to be appropriated to carry out this section $10,000,000 for
            each of fiscal years 2023 through 2027.
                (2) Set-aside.--Of the amount appropriated under this
            subsection for a fiscal year, the Secretary shall reserve 15
            percent of such amount for purposes of making grants to entities
            that are affiliated with Indian Tribes or Tribal organizations
            (as defined in section 4 of the Indian Self-Determination and
            Education Assistance Act (25 U.S.C. 5304)), or Urban Indian
            organizations (as defined in section 4 of the Indian Health Care
            Improvement Act (25 U.S.C. 1603)). Amounts reserved may be used
            to support referrals and the delivery of emergency first aid,
            culturally competent support, and forensic evidence collection
            training.
    SEC. 507. <<NOTE: 42 USC 280g-4c.>>  EXPANDING ACCESS TO FORENSICS
                            FOR VICTIMS OF INTERPERSONAL VIOLENCE.

        (a) Definitions.--In this section:
                (1) Community health aide; community health practitioner.--
            The terms ``community health aide'' and ``community health
            practitioner'' have the meanings given such terms for purposes
            of section 119 of the Indian Health Care Improvement Act (25
            U.S.C. 1616l).
                (2) Health care provider.--The term ``health care provider''
            has the meaning given such term by the Secretary, and includes
            registered nurses, nurse practitioners, nurse midwives, clinical
            nurse specialists, physician assistants, and physicians.
                (3) Indian tribe; tribal organization.--The terms ``Indian
            Tribe'' and ``Tribal organization'' shall have the meanings
            given such terms in section 4 of the Indian Self-Determination
            and Education Assistance Act (25 U.S.C. 5304).
                (4) Institution of higher education.--The term ``institution
            of higher education'' has the meaning given such term in section
            101 of the Higher Education Act of 1965 (20 U.S.C. 1001).
                (5) Interpersonal violence.--The term ``interpersonal
            violence'' means any form of violence that is emotional and

    [[Page 136 STAT. 880]]

            trauma-inducing for victims, families of victims, perpetrators,
            and communities.
                (6) Native hawaiian organization.--The term ``Native
            Hawaiian organization'' has the meaning given such term in
            section 12 of the Native Hawaiian Health Care Improvement Act
            (42 U.S.C. 11711).
                (7) Secretary.--The term ``Secretary'' means the Secretary
            of Health and Human Services.
                (8) Trauma-informed care.--The term ``trauma-informed care''
            means care received by trauma survivors that is culturally
            competent in accordance with professional standards of practice
            and accounting for patients' experiences and preferences in
            order to eliminate or mitigate triggers that may cause re-
            traumatization of the patient.
                (9) Urban indian organization.--The term ``Urban Indian
            organization'' has the meaning given such term in section 4 of
            the Indian Health Care Improvement Act (25 U.S.C. 1603).

        (b) Demonstration Grants for Comprehensive Forensic Training.--
                (1) Establishment of program.--The Secretary shall establish
            a demonstration program to award grants to eligible entities for
            the clinical training of health care providers to provide
            generalist forensic services and trauma-informed care to
            survivors of interpersonal violence of all ages.
                (2) Purpose.--The purpose of the demonstration program under
            this subsection is to develop training and curriculum to provide
            health care providers with the skills to support the provision
            of forensic assessment and trauma-informed care to individuals,
            families, and communities that have experienced violence or
            trauma and to be available to collaborate with members of an
            inter-professional forensic team.
                (3) Term.--Grants under this subsection shall be for a term
            of 5 years.
                (4) Eligible entities.--To be eligible to receive a grant
            under this subsection, an entity shall--
                        (A) be an institute of higher education, including a
                    minority serving institution as described in section 371
                    of the Higher Education Act of 1965 (20 U.S.C. 1067q);
                    and
                        (B) <<NOTE: Application.>>  submit to the Secretary
                    an application at such time, in such manner, and
                    containing such information as the Secretary may
                    require.
                (5) Grant amount.--Each grant awarded under this subsection
            shall be in an amount that does not exceed $400,000 per year. A
            grant recipient may carry over funds from one fiscal year to the
            next without obtaining approval from the Secretary.
                (6) Authorization of appropriations.--
                        (A) <<NOTE: Time period.>>  In general.--There is
                    authorized to be appropriated to carry out this
                    subsection $5,000,000 for each of fiscal years 2023
                    through 2027.
                        (B) Set-aside.--Of the amount appropriated under
                    this paragraph for a fiscal year, the Secretary shall
                    reserve 10 percent for purposes of making grants to
                    support training and curricula that addresses the unique
                    needs of Indian Tribes, Tribal organizations, Urban
                    Indian organizations, and Native Hawaiian organizations.

    [[Page 136 STAT. 881]]

                    Amounts so reserved may be used to support training,
                    referrals, and the delivery of emergency first aid,
                    culturally competent support, and forensic evidence
                    collection training.

        (c) Technical Assistance Grants and Learning Collectives.--
                (1) In general.--The Secretary shall establish a State and
            Tribal forensic provider technical resource center to provide
            technical assistance and support collaboration and best
            practices for health care providers, community health aides, and
            community health practitioners to improve the quality of, and
            increase access to, forensic services for all survivors of
            interpersonal violence. <<NOTE: Contracts.>>  The Secretary may
            enter into contracts with national experts for purposes of
            carrying out this subsection.
                (2) <<NOTE: Time period.>>  Authorization of
            appropriations.--There is authorized to be appropriated to carry
            out this subsection, $2,000,000 for each of fiscal years 2023
            through 2027.

        (d) National Report.--Not later than 1 year after the date of
    enactment of this Act, and annually thereafter, the Office for Victims
    of Crime of the Department of Justice, the Centers for Disease Control
    and Prevention, the Health Resources and Services Administration, the
    Indian Health Service, the Office on Women's Health of the Department of
    Health and Human Services, and the Office on Violence Against Women of
    the Department of Justice shall jointly submit to the Secretary a report
    on the need for, throughout the States, Indian Tribes, and territories--
                (1) access to generalist medical forensic services, evidence
            collection, and documentation that aids in meeting the needs of
            health care patients and improves future law enforcement
            investigation and prosecution; and
                (2) data for research to support the response to and
            prevention of interpersonal violence, improved ability of health
            care providers to adequately respond to patients who exhibit
            signs of victimization, and address the unique needs of Tribal
            communities.

                        TITLE VI--SAFE HOMES FOR VICTIMS

    SEC. 601. HOUSING PROTECTIONS FOR VICTIMS OF DOMESTIC VIOLENCE,
                            DATING VIOLENCE, SEXUAL ASSAULT, AND
                            STALKING.

        Section 41411(a) of the Violence Against Women Act of 1994 (34
    U.S.C. 12491(a)) is amended--
                (1) in paragraph (1)(A), by striking ``brother, sister,''
            and inserting ``sibling,''; and
                (2) in paragraph (3)--
                        (A) in subparagraph (A), by inserting before the
                    semicolon at the end the following: ``, including the
                    direct loan program under such section'';
                        (B) in subparagraph (D), by striking ``the program
                    under subtitle A of'' and inserting ``the programs
                    under'';
                        (C) in subparagraph (I)--
                              (i) by striking ``sections 514, 515, 516, 533,
                          and 538 of the Housing Act of 1949 (42 U.S.C.
                          1484, 1485, 1486, 1490m, and 1490p-2)'' and
                          inserting ``sections 514, 515, 516, 533, 538, and
                          542 of the Housing Act

    [[Page 136 STAT. 882]]

                          of 1949 (42 U.S.C. 1484, 1485, 1486, 1490m, 1490p-
                          2, 1490r)''; and
                              (ii) by striking ``and'' at the end;
                        (D) in subparagraph (J), by striking the period at
                    the end and inserting a semicolon; and
                        (E) by adding at the end the following:
                        ``(K) the provision of assistance from the Housing
                    Trust Fund established under section 1338 of the Federal
                    Housing Enterprises Financial Safety and Soundness Act
                    of 1992 (12 U.S.C. 4501);
                        ``(L) the provision of assistance for housing under
                    the Comprehensive Service Programs for Homeless Veterans
                    program under subchapter II of chapter 20 of title 38,
                    United States Code;
                        ``(M) the provision of assistance for housing and
                    facilities under the grant program for homeless veterans
                    with special needs under section 2061 of title 38,
                    United States Code;
                        ``(N) the provision of assistance for permanent
                    housing under the program for financial assistance for
                    supportive services for very low-income veteran families
                    in permanent housing under section 2044 of title 38,
                    United States Code;
                        ``(O) the provision of transitional housing
                    assistance for victims of domestic violence, dating
                    violence, sexual assault, or stalking under the grant
                    program under chapter 11 of subtitle B; and
                        ``(P) any other Federal housing programs providing
                    affordable housing to low- and moderate-income persons
                    by means of restricted rents or rental assistance, or
                    more generally providing affordable housing
                    opportunities, as identified by the appropriate agency
                    through regulations, notices, or any other means.''.
    SEC. 602. ENSURING COMPLIANCE AND IMPLEMENTATION; PROHIBITING
                            RETALIATION AGAINST VICTIMS.

        Chapter 2 of subtitle N of title IV of the Violence Against Women
    Act of 1994 (34 U.S.C. 12491 et seq.) is amended by inserting after
    section 41411 the following:
    ``SEC. 41412. <<NOTE: 34 USC 12492.>>  COMPLIANCE REVIEWS.

        ``(a) Regular Compliance Reviews.--
                ``(1) In general.--Each appropriate agency shall establish a
            process by which to review compliance with the requirements of
            this subtitle, which shall--
                        ``(A) <<NOTE: Consultation.>>  where possible, be
                    incorporated into other existing compliance review
                    processes of the appropriate agency, in consultation
                    with the Gender-based Violence Prevention Office and
                    Violence Against Women Act Director described in section
                    41413 and any other relevant officials of the
                    appropriate agency; and
                        ``(B) <<NOTE: Examination.>>  examine--
                              ``(i) compliance with requirements prohibiting
                          the denial of assistance, tenancy, or occupancy
                          rights on the basis of domestic violence, dating
                          violence, sexual assault, or stalking;
                              ``(ii) compliance with confidentiality
                          provisions set forth in section 41411(c)(4);

    [[Page 136 STAT. 883]]

                              ``(iii) compliance with the notification
                          requirements set forth in section 41411(d)(2);
                              ``(iv) compliance with the provisions for
                          accepting documentation set forth in section
                          41411(c);
                              ``(v) compliance with emergency transfer
                          requirements set forth in section 41411(e); and
                              ``(vi) compliance with the prohibition on
                          retaliation set forth in section 41414.
                ``(2) Frequency.--Each appropriate agency shall conduct the
            review described in paragraph (1) on a regular basis, as
            determined by the appropriate agency.

        ``(b) Regulations.--
                ``(1) <<NOTE: Deadline. Standards.>>  In general.--Not later
            than 2 years after the date of enactment of the Violence Against
            Women Act Reauthorization Act of 2022, each appropriate agency
            shall issue regulations in accordance with section 553 of title
            5, United States Code, to implement subsection (a) of this
            section, which shall--
                        ``(A) define standards of compliance under covered
                    housing programs;
                        ``(B) include detailed reporting requirements,
                    including the number of emergency transfers requested
                    and granted, as well as the length of time needed to
                    process emergency transfers; and
                        ``(C) include standards for corrective action plans
                    where compliance standards have not been met.
                ``(2) Consultation.--In developing the regulations under
            paragraph (1), an appropriate agency shall engage in additional
            consultation with appropriate stakeholders including, as
            appropriate--
                        ``(A) individuals and organizations with expertise
                    in the housing needs and experiences of victims of
                    domestic violence, dating violence, sexual assault and
                    stalking; and
                        ``(B) individuals and organizations with expertise
                    in the administration or management of covered housing
                    programs, including industry stakeholders and public
                    housing agencies.

        ``(c) Public Disclosure.--Each appropriate agency shall ensure that
    an agency-level assessment of the information collected during the
    compliance review process completed pursuant to this subsection--
                ``(1) <<NOTE: Evaluation.>>  includes an evaluation of each
            topic identified in subsection (a); and
                ``(2) is made publicly available.
    ``SEC. 41413. <<NOTE: 34 USC 12493.>>  DEPARTMENT OF HOUSING AND
                                URBAN DEVELOPMENT GENDER-BASED
                                VIOLENCE PREVENTION OFFICE AND
                                VIOLENCE AGAINST WOMEN ACT DIRECTOR.

        ``(a) Establishment.--The Secretary of Housing and Urban Development
    shall establish a Gender-based Violence Prevention Office with a
    Violence Against Women Act Director (in this section referred to as the
    `Director').
        ``(b) Duties.--The Director shall, among other duties--
                ``(1) support implementation of this chapter;
                ``(2) coordinate with Federal agencies on legislation,
            implementation, and other issues affecting the housing
            provisions under this subtitle, as well as other issues related
            to

    [[Page 136 STAT. 884]]

            advancing housing protections for victims of domestic violence,
            dating violence, sexual assault, and stalking;
                ``(3) coordinate with State and local governments and
            agencies, including State housing finance agencies, regarding
            advancing housing protections and access to housing for victims
            of domestic violence, dating violence, sexual assault, and
            stalking;
                ``(4) ensure that technical assistance and support are
            provided to each appropriate agency and housing providers
            regarding implementation of this subtitle, as well as other
            issues related to advancing housing protections for victims of
            domestic violence, dating violence, sexual assault, and
            stalking, including compliance with this subtitle;
                ``(5) implement internal systems to track, monitor, and
            address compliance failures; and
                ``(6) address the housing needs and barriers faced by
            victims of sexual assault, as well as sexual coercion and sexual
            harassment by a public housing agency or owner or manager of
            housing assisted under a covered housing program.

        ``(c) <<NOTE: Time period.>>  Authorization of Appropriations.--
    There are authorized to be appropriated to carry out this section such
    sums as may be necessary for fiscal years 2023 through 2027.
    ``SEC. 41414. <<NOTE: 34 USC 12494.>>  PROHIBITION ON RETALIATION.

        ``(a) Non-retaliation Requirement.--No public housing agency or
    owner or manager of housing assisted under a covered housing program
    shall discriminate against any person because that person has opposed
    any act or practice made unlawful by this subtitle, or because that
    person testified, assisted, or participated in any matter related to
    this chapter.
        ``(b) Prohibition on Coercion.--No public housing agency or owner or
    manager of housing assisted under a covered housing program shall
    coerce, intimidate, threaten, or interfere with, or retaliate against,
    any person in the exercise or enjoyment of, on account of the person
    having exercised or enjoyed, or on account of the person having aided or
    encouraged any other person in the exercise or enjoyment of, any rights
    or protections under this chapter, including--
                ``(1) intimidating or threatening any person because that
            person is assisting or encouraging a person entitled to claim
            the rights or protections under this chapter; and
                ``(2) retaliating against any person because that person has
            participated in any investigation or action to enforce this
            chapter.

        ``(c) Implementation.--The Secretary of Housing and Urban
    Development and the Attorney General shall implement and enforce this
    chapter consistent with, and in a manner that provides, the rights and
    remedies provided for in title VIII of the Civil Rights Act of 1968 (42
    U.S.C. 3601 et seq.).''.
    SEC. 603. PROTECTING THE RIGHT TO REPORT CRIME FROM ONE'S HOME.

         Chapter 2 of subtitle N of title IV of the Violence Against Women
    Act of 1994 (34 U.S.C. 12491 et seq.), as amended by this Act, is
    further amended by inserting after section 41414 the following:

    [[Page 136 STAT. 885]]

    ``SEC. 41415. <<NOTE: 34 USC 12495.>>  RIGHT TO REPORT CRIME AND
                                EMERGENCIES FROM ONE'S HOME.

        ``(a) Definition.--In this section, the term `covered governmental
    entity' means any municipal, county, or State government that receives
    funding under section 106 of the Housing and Community Development Act
    of 1974 (42 U.S.C. 5306).
        ``(b) Right to Report.--
                ``(1) In general.--Landlords, homeowners, tenants,
            residents, occupants, and guests of, and applicants for,
            housing--
                        ``(A) shall have the right to seek law enforcement
                    or emergency assistance on their own behalf or on behalf
                    of another person in need of assistance; and
                        ``(B) shall not be penalized based on their requests
                    for assistance or based on criminal activity of which
                    they are a victim or otherwise not at fault under
                    statutes, ordinances, regulations, or policies adopted
                    or enforced by covered governmental entities.
                ``(2) Prohibited penalties.--Penalties that are prohibited
            under paragraph (1) include--
                        ``(A) actual or threatened assessment of monetary or
                    criminal penalties, fines, or fees;
                        ``(B) actual or threatened eviction;
                        ``(C) actual or threatened refusal to rent or renew
                    tenancy;
                        ``(D) actual or threatened refusal to issue an
                    occupancy permit or landlord permit; and
                        ``(E) actual or threatened closure of the property,
                    or designation of the property as a nuisance or a
                    similarly negative designation.

        ``(c) Reporting.--Consistent with the process described in section
    104(b) of the Housing and Community Development Act of 1974 (42 U.S.C.
    5304(b)), covered governmental entities shall--
                ``(1) report any of their laws or policies, or, as
            applicable, the laws or policies adopted by subgrantees, that
            impose penalties on landlords, homeowners, tenants, residents,
            occupants, guests, or housing applicants based on requests for
            law enforcement or emergency assistance or based on criminal
            activity that occurred at a property; and
                ``(2) <<NOTE: Certification.>>  certify that they are in
            compliance with the protections under this subtitle or describe
            the steps the covered governmental entities will take within 180
            days to come into compliance, or to ensure compliance among
            subgrantees.

        ``(d) Implementation.--The Secretary of Housing and Urban
    Development and the Attorney General shall implement and enforce this
    chapter consistent with, and in a manner that provides, the same rights
    and remedies as those provided for in title VIII of the Civil Rights Act
    of 1968 (42 U.S.C. 3601 et seq.).
        ``(e) Subgrantees.--For those covered governmental entities that
    distribute funds to subgrantees, compliance with subsection (c)(1)
    includes inquiring about the existence of laws and policies adopted by
    subgrantees that impose penalties on landlords, homeowners, tenants,
    residents, occupants, guests, or housing applicants based on requests
    for law enforcement or emergency assistance or based on criminal
    activity that occurred at a property.''.

    [[Page 136 STAT. 886]]

    SEC. 604. TRANSITIONAL HOUSING ASSISTANCE GRANTS FOR VICTIMS OF
                            DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL
                            ASSAULT, OR STALKING.

        Section 40299 of the Violence Against Women Act of 1994 (34 U.S.C.
    12351) is amended--
                (1) in subsection (a), in the matter preceding paragraph
            (1)--
                        (A) by striking ``the Director of the Violence
                    Against Women Office'' and inserting ``the Director of
                    the Office on Violence Against Women''; and
                        (B) by inserting after ``, other nonprofit,
                    nongovernmental organizations'' the following: ``,
                    population-specific organizations''; and
                (2) in subsection (g)--
                        (A) in paragraph (1), by striking ``2014 through
                    2018'' and inserting ``2023 through 2027'';
                        (B) by striking paragraph (2);
                        (C) by redesignating paragraph (3) as paragraph (2);
                    and
                        (D) in paragraph (2)(B), as so redesignated, by
                    striking ``0.25 percent'' and inserting ``0.5 percent''.
    SEC. 605. ADDRESSING THE HOUSING NEEDS OF VICTIMS OF DOMESTIC
                            VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT,
                            AND STALKING.

        (a) McKinney-Vento Homeless Assistance Grants.--The McKinney-Vento
    Homeless Assistance Act (42 U.S.C. 11301 et seq.) is amended--
                (1) in section 103 (42 U.S.C. 11302), by amending subsection
            (b) to read as follows:

        ``(b) Domestic Violence, Dating Violence, Sexual Assault, Stalking,
    and Other Dangerous, Traumatic, or Life-threatening Conditions Relating
    to Such Violence.--Notwithstanding any other provision of this section,
    the Secretary shall consider to be homeless any individual or family
    who--
                ``(1) is experiencing trauma or a lack of safety related to,
            or fleeing or attempting to flee, domestic violence, dating
            violence, sexual assault, stalking, or other dangerous,
            traumatic, or life-threatening conditions related to the
            violence against the individual or a family member in the
            individual's or family's current housing situation, including
            where the health and safety of children are jeopardized;
                ``(2) has no other safe residence; and
                ``(3) lacks the resources to obtain other safe permanent
            housing.''; and
                (2) in section 423(a) (42 U.S.C. 11383(a)), by adding at the
            end the following:
                ``(13) Facilitating and coordinating activities to ensure
            compliance with subsection (e) of section 41411 of the Violence
            Against Women Act of 1994 (34 U.S.C. 12491) and monitoring
            compliance with the confidentiality protections of subsection
            (c)(4) of such section.''.

        (b) Collaborative Grants To Increase the Long-term Stability of
    Victims.--Section 41404(i) of the Violence Against Women Act of 1994 (34
    U.S.C. 12474(i)) is amended by striking ``2014 through 2018'' and
    inserting ``2023 through 2027''.

    [[Page 136 STAT. 887]]

        (c) Grants To Combat Violence Against Women in Public and Assisted
    Housing.--Section 41405 of the Violence Against Women Act of 1994 (34
    U.S.C. 12475) is amended--
                (1) in subsection (b)(1), by striking ``the Director of the
            Violence Against Women Office'' and inserting ``the Director of
            the Office on Violence Against Women'';
                (2) in subsection (c)(2)(D), by inserting after
            ``linguistically and culturally specific service providers,''
            the following: ``population-specific organizations,''; and
                (3) in subsection (g), by striking ``2014 through 2018'' and
            inserting ``2023 through 2027''.

        (d) VAWA Training and Technical Assistance Grants.--Chapter 2 of
    subtitle N of title IV of the Violence Against Women Act of 1994 (34
    U.S.C. 12491 et seq.), as amended by this Act, is further amended by
    inserting after section 41415 the following:
    ``SEC. 41416. <<NOTE: 34 USC 12496.>>  TRAINING AND TECHNICAL
                                ASSISTANCE GRANTS.

        ``There <<NOTE: Appropriation authorization. Time period.>>  is
    authorized to be appropriated to the Secretary of Housing and Urban
    Development such sums as may be necessary for fiscal years 2023 through
    2027 to be used for training and technical assistance to support the
    implementation of this chapter, including technical assistance
    agreements with entities whose primary purpose and expertise is
    assisting survivors of sexual assault and domestic violence or providing
    culturally specific services to victims of domestic violence, dating
    violence, sexual assault, and stalking.''.
    SEC. 606. STUDY AND REPORT ON HOUSING AND SERVICE NEEDS OF
                            SURVIVORS OF TRAFFICKING AND INDIVIDUALS
                            AT RISK FOR TRAFFICKING.

        (a) Definitions.--In this section:
                (1) Survivor of a severe form of trafficking.--The term
            ``survivor of a severe form of trafficking'' has the meaning
            given the term ``victim of a severe form of trafficking'' in
            section 103 of the Trafficking Victims Protection Act of 2000
            (22 U.S.C. 7102).
                (2) Survivor of trafficking.--The term ``survivor of
            trafficking'' has the meaning given the term ``victim of
            trafficking'' in section 103 of the Trafficking Victims
            Protection Act of 2000 (22 U.S.C. 7102).

        (b) Study.--
                (1) In general.--The Secretary of Housing and Urban
            Development shall conduct a study assessing the availability and
            accessibility of housing and services for individuals
            experiencing homelessness or housing instability who are--
                        (A) survivors of trafficking, including survivors of
                    a severe form of trafficking; or
                        (B) at risk of being trafficked.
                (2) Coordination and consultation.--In conducting the study
            required under paragraph (1), the Secretary shall--
                        (A) coordinate with--
                              (i) the Interagency Task Force to Monitor and
                          Combat Trafficking established under section 105
                          of the Trafficking Victims Protection Act of 2000
                          (22 U.S.C. 7103);
                              (ii) the United States Advisory Council on
                          Human Trafficking;

    [[Page 136 STAT. 888]]

                              (iii) the Secretary of Health and Human
                          Services; and
                              (iv) the Attorney General; and
                        (B) consult with--
                              (i) the National Advisory Committee on the Sex
                          Trafficking of Children and Youth in the United
                          States;
                              (ii) survivors of trafficking;
                              (iii) direct service providers, including--
                                        (I) organizations serving runaway
                                    and homeless youth;
                                        (II) organizations serving survivors
                                    of trafficking through community-based
                                    programs; and
                                        (III) organizations providing
                                    housing services to survivors of
                                    trafficking; and
                              (iv) housing and homelessness assistance
                          providers, including recipients of grants under--
                                        (I) the Continuum of Care program
                                    authorized under subtitle C of title IV
                                    of the McKinney-Vento Homeless
                                    Assistance Act (42 U.S.C. 11381 et
                                    seq.); and
                                        (II) the Emergency Solutions Grants
                                    program authorized under subtitle B of
                                    title IV of the McKinney-Vento Homeless
                                    Assistance Act (42 U.S.C. 11371 et
                                    seq.).
                (3) <<NOTE: Evaluations. Assessments.>>  Contents.--The
            study conducted pursuant to paragraph (1) shall include--
                        (A) with respect to the individuals described in
                    such paragraph--
                              (i) an evaluation of formal assessments and
                          outreach methods used to identify and assess the
                          housing and service needs of such individuals,
                          including outreach methods--
                                        (I) to ensure effective
                                    communication with individuals with
                                    disabilities; and
                                        (II) to reach individuals with
                                    limited English proficiency;
                              (ii) <<NOTE: Review.>>  a review of the
                          availability and accessibility of homelessness or
                          housing services for such individuals, including
                          the family members of such individuals who are
                          minors involved in foster care systems, that
                          identifies the disability-related needs of such
                          individuals, including the need for housing with
                          accessibility features;
                              (iii) <<NOTE: Analysis.>>  an analysis of the
                          effect of any policies and procedures of
                          mainstream homelessness or housing services that
                          facilitate or limit the availability of such
                          services and accessibility for such individuals,
                          including those such individuals who are involved
                          in the legal system, as such services are in
                          effect as of the date on which the study is
                          conducted;
                              (iv) <<NOTE: Determination.>>  a determination
                          of the best practices in meeting the housing and
                          service needs of such individuals; and
                              (v) an assessment of barriers to fair housing
                          and housing discrimination against survivors of
                          trafficking who are members of a protected class
                          under the Fair Housing Act (42 U.S.C. 3601 et
                          seq.);

    [[Page 136 STAT. 889]]

                        (B) an assessment of the ability of mainstream
                    homelessness or housing services to meet the specialized
                    needs of survivors of trafficking, including trauma
                    responsive approaches specific to labor and sex
                    trafficking survivors; and
                        (C) an evaluation of the effectiveness of, and
                    infrastructure considerations for, housing and service-
                    delivery models that are specific to survivors of
                    trafficking, including survivors of severe forms of
                    trafficking, including emergency rental assistance
                    models.

        (c) Report.--Not later than 18 months after the date of the
    enactment of this Act, the Secretary of Housing and Urban Development
    shall--
                (1) submit a report to the Committee on Banking, Housing,
            and Urban Affairs of the Senate and the Committee on Financial
            Services of the House of Representatives that contains the
            information described in subparagraphs (A) through (C) of
            subsection (b)(3); and
                (2) <<NOTE: Public information.>>  make the report submitted
            pursuant to paragraph (1) available to the public.

                    TITLE VII--ECONOMIC SECURITY FOR VICTIMS

    SEC. 701. <<NOTE: 34 USC 12501 note.>>  FINDINGS.

        Congress finds the following:
                (1) Over 1 in 3 women experience sexual violence, and 1 in 5
            women have survived completed or attempted rape. Such violence
            has a devastating impact on women's physical and emotional
            health, financial security, and ability to maintain their jobs,
            and thus impacts interstate commerce and economic security.
                (2) Homicide is one of the leading causes of death for women
            on the job. Domestic partners or relatives commit 43 percent of
            workplace homicides against women. One study found that intimate
            partner violence resulted in 142 homicides among women at work
            in the United States from 2003 to 2008, a figure which
            represents 22 percent of the 648 workplace homicides among women
            during the period. In fact, in 2010, homicides against women at
            work increased by 13 percent despite continuous declines in
            overall workplace homicides in recent years.
                (3) Violence can have a dramatic impact on the survivor of
            such violence. Studies indicate that 44 percent of surveyed
            employed adults experienced the effect of domestic violence in
            the workplace, and 64 percent indicated their workplace
            performance was affected by such violence. Another recent survey
            found that 78 percent of offenders used workplace resources to
            express anger, check up on, pressure, or threaten a survivor.
            Sexual assault, whether occurring in or out of the workplace,
            can impair an employee's work performance, require time away
            from work, and undermine the employee's ability to maintain a
            job. Nearly 50 percent of sexual assault survivors lose their
            jobs or are forced to quit in the aftermath of the assaults.

    [[Page 136 STAT. 890]]

                (4) Studies find that 60 percent of single women lack
            economic security and 81 percent of households with single
            mothers live in economic insecurity. Significant barriers that
            survivors confront include access to housing, transportation,
            and child care. Ninety-two percent of homeless women have
            experienced domestic violence, and more than 50 percent of such
            women cite domestic violence as the direct cause for
            homelessness. Survivors are deprived of their autonomy, liberty,
            and security, and face tremendous threats to their health and
            safety.
                (5) The Centers for Disease Control and Prevention report
            that survivors of severe intimate partner violence lose nearly
            8,000,000 days of paid work, which is the equivalent of more
            than 32,000 full-time jobs and almost 5,600,000 days of
            household productivity each year. Therefore, women
            disproportionately need time off to care for their health or to
            find safety solutions, such as obtaining a restraining order or
            finding housing, to avoid or prevent further violence.
                (6) Annual costs of intimate partner violence are estimated
            to be more than $8,300,000,000. According to the Centers for
            Disease Control and Prevention, the costs of intimate partner
            violence against women in 1995 exceeded an estimated
            $5,800,000,000. These costs included nearly $4,100,000,000 in
            the direct costs of medical and mental health care and nearly
            $1,800,000,000 in the indirect costs of lost productivity. These
            statistics are generally considered to be underestimated because
            the costs associated with the criminal justice system are not
            included.
                (7) Fifty-five percent of senior executives recently
            surveyed said domestic violence has a harmful effect on their
            company's productivity, and more than 70 percent said domestic
            violence negatively affects attendance. Seventy-eight percent of
            human resources professionals consider partner violence a
            workplace issue. However, more than 70 percent of United States
            workplaces have no formal program or policy that addresses
            workplace violence, let alone domestic violence. In fact, only 4
            percent of employers provided training on domestic violence.
                (8) Harassment is a persistent and significant problem in
            the workplace in the United States, and the Equal Employment
            Opportunity Commission found that not less than 25 percent, and
            as many as 85 percent, of women surveyed report having
            experienced sexual harassment at work.
                (9) For decades, survivors of sexual violence have come
            forward to seek justice and demand their right to be free from
            violence, harassment, and other forms of discrimination. These
            calls for change reached a tipping point after October 2017 as a
            result of Tarana Burke's work and #MeToo going viral. Thousands
            of courageous individuals, from Hollywood to the halls of
            Congress and the military, to restaurants, agricultural fields,
            and factory floors, shined a light on the pervasive and
            insidious nature of workplace harassment and sexual assault.
                (10) Working people can be subjected to multiple forms of
            harassment in the workplace at the same time.
                (11) According to the Equal Employment Opportunity
            Commission, approximately 3 out of 4 individuals who experience
            harassment never talked to a supervisor, manager, or union
            representative about the harassing conduct.

    [[Page 136 STAT. 891]]

                (12) The impact of domestic violence, dating violence,
            sexual assault, and stalking on the workplace is a part of the
            challenge of workplace harassment.
                (13) Studies indicate that one of the best predictors of
            whether a survivor will be able to stay away from his or her
            abuser is the degree of his or her economic independence.
            However, domestic violence, dating violence, sexual assault, and
            stalking often negatively impact a survivor's ability to
            maintain employment.
                (14) Abusers frequently seek to exert financial control over
            their partners by actively interfering with their ability to
            work, including preventing their partners from going to work,
            harassing their partners at work, limiting their partners'
            access to cash or transportation, and sabotaging their partners'
            child care arrangements.
                (15) Economic abuse refers to behaviors that control an
            intimate partner's ability to acquire, use, and maintain access
            to money, credit, ownership of assets, or governmental or
            private financial benefits, including defaulting on joint
            obligations (such as school loans, credit card debt, mortgages,
            or rent). Other forms of such abuse may include preventing
            someone from attending school, threatening to or actually
            terminating employment, controlling or withholding access to
            cash, checking, or credit accounts, and attempting to damage or
            sabotage the creditworthiness of an intimate partner, including
            forcing an intimate partner to write bad checks, forcing an
            intimate partner to default on payments related to household
            needs, such as housing, or forcing an intimate partner into
            bankruptcy.
                (16) This title aims to empower survivors of domestic
            violence, dating violence, sexual assault, or stalking to be
            free from violence, hardship, and control, which restrains basic
            human rights to freedom and safety in the United States.
    SEC. 702. NATIONAL RESOURCE CENTER ON WORKPLACE RESPONSES TO
                            ASSIST VICTIMS OF DOMESTIC AND SEXUAL
                            VIOLENCE.

        Section 41501 of the Violence Against Women Act of 1994 (34 U.S.C.
    12501) is amended--
                (1) in subsection (a)--
                        (A) by inserting ``and sexual harassment'' after
                    ``domestic and sexual violence''; and
                        (B) by striking ``employers and labor
                    organizations'' and inserting ``employers, labor
                    organizations, and victim service providers''; and
                (2) in subsection (b)(3), by striking ``and stalking'' and
            inserting ``stalking, and sexual harassment'';
                (3) in subsection (c)(1), by inserting ``or sexual
            harassment'' before the period at the end;
                (4) in subsection (c)(2)(A), by inserting ``or sexual
            harassment'' after ``sexual violence'';
                (5) by redesignating subsections (e) and (f) as subsections
            (f) and (g), respectively;
                (6) by inserting after subsection (d) the following:

        ``(e) Pathways to Opportunity Pilot Project.--An eligible nonprofit
    nongovernmental entity or tribal organization that receives a grant
    under this section may develop a plan to enhance the capacity of
    survivors to obtain and maintain employment,

    [[Page 136 STAT. 892]]

    including through the implementation of a demonstration pilot program to
    be known as `Pathways to Opportunity', which shall--
                ``(1) build collaborations between and among victim service
            providers, workforce development programs, and educational and
            vocational institutions to provide trauma informed programming
            to support survivors seeking employment; and
                ``(2) be centered around culturally specific organizations
            or organizations that primarily serve populations traditionally
            marginalized in the workplace.'';
                (7) in subsection (f), as so redesignated, by striking
            ``$1,000,000 for each of fiscal years 2014 through 2018'' and
            inserting ``$2,000,000 for each of fiscal years 2023 through
            2027''.
    SEC. 703. PROVISIONS RELATED TO THE TEMPORARY ASSISTANCE FOR NEEDY
                            FAMILIES PROGRAM.

        (a) TANF Personnel Training.--
                (1) In general.--Section 402(a) of the Social Security Act
            (42 U.S.C. 602(a)) is amended by adding at the end the following
            new paragraph:
                ``(8) Certification that the state will provide information
            to victims of sexual harassment or survivors of domestic
            violence, sexual assault, or stalking.--
                        ``(A) <<NOTE: Standards. Procedures.>>  In
                    general.--A certification by the chief executive officer
                    of the State that the State has established and is
                    enforcing standards and procedures to--
                              ``(i) ensure that applicants and potential
                          applicants for assistance under the State program
                          funded under this part are notified of assistance
                          made available by the State to victims of sexual
                          harassment and survivors of domestic violence,
                          sexual assault, or stalking;
                              ``(ii) ensure that case workers and other
                          agency personnel responsible for administering the
                          State program funded under this part are trained
                          in--
                                        ``(I) the nature and dynamics of
                                    sexual harassment and domestic violence,
                                    sexual assault, and stalking;
                                        ``(II) State standards and
                                    procedures relating to the prevention
                                    of, and assistance for, individuals who
                                    are victims of sexual harassment or
                                    survivors of domestic violence, sexual
                                    assault, or stalking; and
                                        ``(III) methods of ascertaining and
                                    ensuring the confidentiality of personal
                                    information and documentation related to
                                    applicants for assistance and their
                                    children who have provided notice about
                                    their experiences of sexual harassment,
                                    domestic violence, sexual assault, or
                                    stalking; and
                              ``(iii) ensure that, if a State has elected to
                          establish and enforce standards and procedures
                          regarding the screening for, and identification
                          of, domestic violence, sexual assault, or stalking
                          pursuant to paragraph (7)--
                                        ``(I) the State program funded under
                                    this part provides information about the
                                    options under this part to current and
                                    potential beneficiaries; and
                                        ``(II) case workers and other agency
                                    personnel responsible for administering
                                    the State program

    [[Page 136 STAT. 893]]

                                    funded under this part are provided with
                                    training regarding State standards and
                                    procedures pursuant to paragraph (7).
                        ``(B) Definitions.--For purposes of this paragraph--
                              ``(i) the term `sexual harassment' means
                          hostile, intimidating, or oppressive behavior
                          based on sex that creates an offensive work
                          environment;
                              ``(ii) the term `domestic violence' has the
                          meaning given such term in paragraph (7); and
                              ``(iii) the terms `sexual assault' and
                          `stalking' have the meanings given such terms in
                          section 40002 of the Violence Against Women Act of
                          1994 (34 U.S.C. 12291).''.
                (2) <<NOTE: 42 USC 602 note.>>  Implementation.--Not later
            than 1 year after the date of enactment of this Act, each State
            shall submit the certification required under paragraph (8) of
            subsection (a) of section 402 of the Social Security Act (42
            U.S.C. 602), as added by paragraph (1), in the form of an
            amendment to the State's plan submitted under such
            section. <<NOTE: Time period.>>  A State shall not be regarded
            as failing to comply with the requirement of such paragraph (8)
            before the date that is 1 year after the date of enactment of
            this Act.

        (b) <<NOTE: 42 USC 602 note.>>  National Grant Program for
    Developing a Model Training Program for TANF Personnel Training.--
                (1) Grants authorized.--
                        (A) Model training program.--The Secretary of Health
                    and Human Services (in this subsection referred to as
                    the ``Secretary'') shall--
                              (i) develop and disseminate a model training
                          program (and related materials) for the training
                          required under section 402(a)(8) of the Social
                          Security Act, and if the State so elects, section
                          402(a)(7) of such Act; and
                              (ii) provide technical assistance with respect
                          to such model training program to eligible States
                          (as defined in section 402 of the Social Security
                          Act).
                        (B) Grants.--In developing the model training
                    program under subparagraph (A)(i), the Secretary may
                    award grants and contracts and may develop such program
                    in cooperation with an eligible partner.
                (2) Eligible partner defined.--For purposes of paragraph
            (1), the term ``eligible partner'' means an entity that is--
                        (A) a State or tribal domestic violence coalition or
                    sexual assault coalition; or
                        (B) a State or local victim service provider with
                    recognized expertise in the dynamics of domestic
                    violence, sexual assault, or stalking whose primary
                    mission is to provide services to survivors of domestic
                    violence, sexual assault, or stalking, including a rape
                    crisis center or domestic violence program.
                (3) Report.--
                        (A) Report to congress.--Not later than 5 years
                    after the date of the enactment of this Act, the
                    Secretary shall submit to the Committee on Ways and
                    Means of the House of Representatives and the Committee
                    on Finance of the Senate a report on the program
                    established under this subsection.

    [[Page 136 STAT. 894]]

                        (B) <<NOTE: Procedures. Deadline.>>  Report
                    available to public.--The Secretary shall establish
                    procedures for the dissemination to the public of the
                    report submitted under subparagraph (A) not later than
                    10 days after the submission of such report to Congress
                    under such subparagraph. Such procedures shall include
                    the use of the internet to disseminate such report.
                (4) <<NOTE: Time period.>>  Authorization of
            appropriations.--There are authorized to be appropriated
            $3,000,000 to carry out this section for each of fiscal years
            2023 through 2027.
    SEC. 704. <<NOTE: Consultations. 34 USC 20130.>>  STUDY AND
                            REPORTS ON BARRIERS TO SURVIVORS' ECONOMIC
                            SECURITY ACCESS.

        (a) Study.--The Secretary of Health and Human Services, in
    consultation with the Secretary of Labor, shall conduct a study on the
    barriers that survivors of domestic violence, dating violence, sexual
    assault, or stalking throughout the United States experience in
    maintaining economic security, including the impact of the COVID-19
    pandemic on such victims' ability to maintain economic security, as a
    result of issues related to domestic violence, dating violence, sexual
    assault, or stalking.
        (b) <<NOTE: Time period.>>  Reports.--Not later than 1 year after
    the date of enactment of this Act, and every 5 years thereafter, the
    Secretary of Health and Human Services, in consultation with the
    Secretary of Labor, shall submit a report to Congress on the study
    conducted under subsection (a).

        (c) Contents.--The study and reports under this section shall
    include--
                (1) identification of geographic areas in which State laws,
            regulations, and practices have a strong impact on the ability
            of survivors of domestic violence, dating violence, sexual
            assault, or stalking to exercise--
                        (A) any rights under this title (including any
                    amendments made by this title) without compromising
                    personal safety or the safety of others, including
                    family members and excluding the abuser; and
                        (B) other components of economic security, including
                    financial empowerment, affordable housing,
                    transportation, health care access, credit history, and
                    quality education and training opportunities;
                (2) identification of geographic areas with shortages in
            resources for such survivors, with an accompanying analysis of
            the extent and impact of such shortage;
                (3) <<NOTE: Analysis.>>  analysis of the unique barriers
            faced by such survivors living in rural communities;
                (4) <<NOTE: Analysis.>>  analysis of factors related to
            industries, workplace settings, employer practices, trends, and
            other elements that impact the ability of such survivors to
            exercise any rights under this Act (including any amendments
            made by this Act) without compromising personal safety or the
            safety of others, including family members;
                (5) <<NOTE: Recommenda- tions.>>  the recommendations of the
            Secretary of Health and Human Services and the Secretary of
            Labor with respect to resources, oversight, and enforcement
            tools to ensure successful implementation of the provisions of
            this Act in order to support the economic security and safety of
            survivors of domestic violence, dating violence, sexual assault,
            or stalking;

    [[Page 136 STAT. 895]]

                (6) best practices for States, employers, health carriers,
            insurers, and other private entities in addressing issues
            related to domestic violence, dating violence, sexual assault,
            or stalking; and
                (7) barriers that impede victims' ability to pursue legal
            action, including legal costs and filing fees, and complexities
            of the jurisdiction of law enforcement agencies.
    SEC. 705. <<NOTE: Reports. Examination.>>  GAO STUDY.

        Not later than 18 months after the date of enactment of this Act,
    the Comptroller General of the United States shall submit to the
    Committee on Education and Labor of the House of Representatives and the
    Committee on Health, Education, Labor, and Pensions of the Senate a
    report that examines, with respect to survivors of domestic violence,
    dating violence, sexual assault, or stalking who are, or were, enrolled
    at institutions of higher education and borrowed a loan made, insured,
    or guaranteed under title IV of the Higher Education Act of 1965 (20
    U.S.C. 1070 et seq.) for which the survivors have not repaid the total
    interest and principal due, each of the following:
                (1) The implications of domestic violence, dating violence,
            sexual assault, or stalking on a borrower's ability to repay
            their Federal student loans.
                (2) The adequacy of policies and procedures regarding
            Federal student loan deferment, forbearance, and grace periods
            when a survivor has to suspend or terminate the survivor's
            enrollment at an institution of higher education due to domestic
            violence, dating violence, sexual assault, or stalking.
                (3) The adequacy of institutional policies and practices
            regarding retention or transfer of credits when a survivor has
            to suspend or terminate the survivor's enrollment at an
            institution of higher education due to domestic violence, dating
            violence, sexual assault, or stalking.
                (4) The availability or any options for a survivor of
            domestic violence, dating violence, sexual assault, or stalking
            who attended an institution of higher education that committed
            unfair, deceptive, or abusive acts or practices, or otherwise
            substantially misrepresented information to students, to be able
            to seek a defense to repayment of the survivor's Federal student
            loan.
                (5) The limitations faced by a survivor of domestic
            violence, dating violence, sexual assault, or stalking to obtain
            any relief or restitution on the survivor's Federal student loan
            debt due to the use of forced arbitration, gag orders, or bans
            on class actions.

                       TITLE VIII--SAFETY FOR INDIAN WOMEN

          Subtitle A--Tools to Enhance Public Safety for Indian Tribes

    SEC. 801. <<NOTE: 25 USC 1304 note.>>  FINDINGS AND PURPOSES.

        (a) Findings.--Congress finds that--
                (1) American Indians and Alaska Natives are--

    [[Page 136 STAT. 896]]

                        (A) 2.5 times as likely to experience violent
                    crimes; and
                        (B) at least 2 times more likely to experience rape
                    or sexual assault crimes;
                (2) more than 4 in 5 American Indian and Alaska Native women
            have experienced violence in their lifetime;
                (3) the vast majority of American Indian and Alaska Native
            victims of violence--96 percent of women victims and 89 percent
            of male victims--have experienced sexual violence by a non-
            Indian perpetrator at least once in their lifetime;
                (4) Indian Tribes exercising special domestic violence
            criminal jurisdiction over non-Indians pursuant to section 204
            of Public Law 90-284 (25 U.S.C. 1304) (commonly known as the
            ``Indian Civil Rights Act of 1968''), restored by section 904 of
            the Violence Against Women Reauthorization Act of 2013 (Public
            Law 113-4; 127 Stat. 120), have reported significant success
            holding violent offenders accountable for crimes of domestic
            violence, dating violence, and civil protection order
            violations;
                (5) Tribal prosecutors for Indian Tribes exercising special
            domestic violence criminal jurisdiction report that the majority
            of domestic violence cases involve children either as witnesses
            or victims, and the Department of Justice reports that American
            Indian and Alaska Native children suffer exposure to violence at
            one of the highest rates in the United States;
                (6) childhood exposure to violence can have immediate and
            long-term effects, including increased rates of altered
            neurological development, poor physical and mental health, poor
            school performance, substance abuse, and overrepresentation in
            the juvenile justice system;
                (7) according to the Centers for Disease Control and
            Prevention, homicide is--
                        (A) the third leading cause of death among American
                    Indian and Alaska Native women between 10 and 24 years
                    of age; and
                        (B) the fifth leading cause of death for American
                    Indian and Alaska Native women between 25 and 34 years
                    of age;
                (8) in some areas of the United States, Native American
            women are murdered at rates more than 10 times the national
            average;
                (9) according to a 2017 report by the Department of Justice,
            66 percent of criminal prosecutions for crimes in Indian country
            that United States Attorneys declined to prosecute involved
            assault, murder, or sexual assault;
                (10) investigation into cases of missing or murdered
            Indigenous women is made difficult for Tribal law enforcement
            agencies due to a lack of resources, including a lack of--
                        (A) necessary personnel, training, equipment, or
                    funding;
                        (B) interagency cooperation;
                        (C) appropriate laws in place; and
                        (D) access to Federal law enforcement databases;
                (11) domestic violence calls are among the most dangerous
            calls that law enforcement receives;
                (12) the complicated jurisdictional scheme that exists in
            Indian country--

    [[Page 136 STAT. 897]]

                        (A) has a significant impact on public safety in
                    Indian communities;
                        (B) according to Tribal justice officials, has been
                    increasingly exploited by criminals; and
                        (C) requires a high degree of commitment and
                    cooperation among Tribal, Federal, and State law
                    enforcement officials;
                (13) restoring and enhancing Tribal capacity to address
            violence against women provides for greater local control,
            safety, accountability, and transparency;
                (14) Indian Tribes with restrictive settlement Acts, such as
            Indian Tribes in the State of Maine, and Indian Tribes located
            in States with concurrent authority to prosecute crimes in
            Indian country under the amendments made by the Act of August
            15, 1953 (67 Stat. 590, chapter 506), face unique public safety
            challenges; and
                (15) Native Hawaiians experience a disproportionately high
            rate of human trafficking, with 64 percent of human trafficking
            victims in the State of Hawai'i identifying as at least part
            Native Hawaiian.

        (b) Purposes.--The purposes of this subtitle are--
                (1) to clarify the responsibilities of Federal, State,
            Tribal, and local law enforcement agencies with respect to
            responding to cases of domestic violence, dating violence,
            stalking, sex trafficking, sexual violence, crimes against
            children, and assault against Tribal law enforcement officers;
                (2) <<NOTE: Coordination.>>  to increase coordination and
            communication among Federal, State, Tribal, and local law
            enforcement agencies;
                (3) to empower Tribal governments and Native American
            communities, including urban Indian communities and Native
            Hawaiian communities, with the resources and information
            necessary to effectively respond to cases of domestic violence,
            dating violence, stalking, sex trafficking, sexual violence, and
            missing or murdered Native Americans; and
                (4) <<NOTE: Data.>>  to increase the collection of data
            related to missing or murdered Native Americans and the sharing
            of information among Federal, State, Tribal, and local officials
            responsible for responding to and investigating crimes impacting
            Indian Tribes and Native American communities, including urban
            Indian communities and Native Hawaiian communities, especially
            crimes relating to cases of missing or murdered Native
            Americans.
    SEC. 802. TRIBAL ACCESS PROGRAM.

        (a) Access to National Crime Information Databases by Indian
    Tribes.--Section 233(b) of the Tribal Law and Order Act of 2010 (34
    U.S.C. 41107) is amended--
                (1) by striking paragraph (1) and inserting the following:
                ``(1) In general.--The Attorney General shall ensure that--
                        ``(A) tribal law enforcement officials that meet
                    applicable Federal or State requirements shall be
                    permitted access to national crime information
                    databases; and
                        ``(B) technical assistance and training is provided
                    to Bureau of Indian Affairs and tribal law enforcement
                    agencies to gain access to, and the ability to use and
                    input information into, the National Crime Information
                    Center

    [[Page 136 STAT. 898]]

                    and other national crime information databases pursuant
                    to section 534 of title 28, United States Code.''; and
                (2) in paragraph (3), by striking ``with criminal
            jurisdiction over Indian country''.

        (b) Acquisition, Preservation, and Exchange of Identification
    Records and Information.--Section 534(d) of title 28, United States
    Code, is amended--
                (1) by redesignating paragraphs (1) and (2) as subparagraphs
            (A) and (B), respectively, and indenting appropriately;
                (2) in the matter preceding subparagraph (A) (as so
            redesignated) by striking ``The Attorney General'' and inserting
            the following:
                ``(1) In general.--The Attorney General''; and
                (3) by adding at the end the following:
                ``(2) Tribal access program.--
                        ``(A) In general.--The Attorney General shall
                    establish a program, to be known as the `Tribal Access
                    Program', to enhance the ability of tribal governments
                    and their authorized agencies to access, enter
                    information into, and obtain information from national
                    criminal information databases under this section.
                        ``(B) <<NOTE: Time period.>>  Authorization of
                    appropriations.--There is authorized to be appropriated
                    to carry out the Tribal Access Program under
                    subparagraph (A) $6,000,000 for each of fiscal years
                    2023 through 2027, to remain available until expended.
                ``(3) <<NOTE: Maine.>>  Information sharing.--To the extent
            otherwise permitted by law, any report issued as a result of the
            analysis of information entered into national criminal
            information databases or obtained from Federal criminal
            databases shall be shared with each Indian tribe of
            jurisdiction, including Indian tribes located in the State of
            Maine.''.

        (c) Identification Records.--The second paragraph of the matter
    under the heading ``salaries and expenses'' under the heading ``Federal
    Bureau of Investigation'' of the Department of Justice Appropriation
    Act, 1973 (34 U.S.C. 41101) is amended--
                (1) by inserting ``or Tribal'' after ``if authorized by
            State''; and
                (2) by inserting ``, Tribal,'' before ``and local
            governments''.
    SEC. 803. BUREAU OF PRISONS TRIBAL PRISONER PROGRAM.

        Section 234(c) of the Tribal Law and Order Act of 2010 (25 U.S.C.
    1302 note; Public Law 111-211) is amended--
                (1) in the subsection heading, by striking ``Pilot'';
                (2) by striking ``pilot'' each place it appears;
                (3) in paragraph (1), by striking ``Not later than 120 days
            after the date of enactment of this title'' and inserting ``Not
            later than 120 days after the date of enactment of the Violence
            Against Women Act Reauthorization Act of 2022'';
                (4) in paragraph (2)(B), by striking ``2 or more years'' and
            inserting ``1 or more years''; and
                (5) by striking paragraphs (5) and (6).
    SEC. 804. TRIBAL JURISDICTION OVER COVERED CRIMES.

        Section 204 of Public Law 90-284 (25 U.S.C. 1304) (commonly known as
    the ``Indian Civil Rights Act of 1968'') is amended--
                (1) in the section heading, by striking ``crimes of domestic
            violence'' and inserting ``covered crimes'';

    [[Page 136 STAT. 899]]

                (2) by striking ``special domestic violence criminal
            jurisdiction'' each place it appears and inserting ``special
            Tribal criminal jurisdiction'';
                (3) in subsection (a)--
                        (A) by redesignating paragraphs (1), (2), (3), (4),
                    (5), (6), and (7) as paragraphs (6), (7), (8), (10),
                    (11), (14), and (15), respectively;
                        (B) <<NOTE: Definitions.>>  by inserting before
                    paragraph (6) (as so redesignated) the following:
                ``(1) Assault of tribal justice personnel.--The term
            `assault of Tribal justice personnel' means any violation of the
            criminal law of the Indian tribe that has jurisdiction over the
            Indian country where the violation occurs that involves the use,
            attempted use, or threatened use of physical force against an
            individual authorized to act for, or on behalf of, that Indian
            tribe or serving that Indian tribe during, or because of, the
            performance or duties of that individual in--
                        ``(A) preventing, detecting, investigating, making
                    arrests relating to, making apprehensions for, or
                    prosecuting a covered crime;
                        ``(B) adjudicating, participating in the
                    adjudication of, or supporting the adjudication of a
                    covered crime;
                        ``(C) detaining, providing supervision for, or
                    providing services for persons charged with a covered
                    crime; or
                        ``(D) incarcerating, supervising, providing
                    treatment for, providing rehabilitation services for, or
                    providing reentry services for persons convicted of a
                    covered crime.
                ``(2) Child.--The term `child' means a person who has not
            attained the lesser of--
                        ``(A) the age of 18; and
                        ``(B) except in the case of sexual abuse, the age
                    specified by the criminal law of the Indian tribe that
                    has jurisdiction over the Indian country where the
                    violation occurs.
                ``(3) Child violence.--The term `child violence' means the
            use, threatened use, or attempted use of violence against a
            child proscribed by the criminal law of the Indian tribe that
            has jurisdiction over the Indian country where the violation
            occurs.
                ``(4) Coercion; commercial sex act.--The terms `coercion'
            and `commercial sex act' have the meanings given the terms in
            section 1591(e) of title 18, United States Code.
                ``(5) Covered crime.--The term `covered crime' means--
                        ``(A) assault of Tribal justice personnel;
                        ``(B) child violence;
                        ``(C) dating violence;
                        ``(D) domestic violence;
                        ``(E) obstruction of justice;
                        ``(F) sexual violence;
                        ``(G) sex trafficking;
                        ``(H) stalking; and
                        ``(I) a violation of a protection order.'';
                        (C) in paragraph (6) (as so redesignated), by
                    striking ``violence committed'' and inserting ``any
                    violation of the criminal law of the Indian tribe that
                    has jurisdiction over the Indian country where the
                    violation occurs that is committed'';

    [[Page 136 STAT. 900]]

                        (D) by striking paragraph (7) (as so redesignated)
                    and inserting the following:
                ``(7) Domestic violence.--The term `domestic violence' means
            any violation of the criminal law of the Indian tribe that has
            jurisdiction over the Indian country where the violation occurs
            that is committed by--
                        ``(A) a current or former spouse or intimate partner
                    of the victim;
                        ``(B) a person with whom the victim shares a child
                    in common;
                        ``(C) a person who is cohabitating with or who has
                    cohabitated with the victim as a spouse or intimate
                    partner; or
                        ``(D) a person similarly situated to a spouse of the
                    victim under the domestic- or family-violence laws of
                    the Indian tribe that has jurisdiction over the Indian
                    country where the violation occurs.'';
                        (E) by inserting after paragraph (8) (as so
                    redesignated) the following:
                ``(9) Obstruction of justice.--The term `obstruction of
            justice' means any violation of the criminal law of the Indian
            tribe that has jurisdiction over the Indian country where the
            violation occurs that involves interfering with the
            administration or due process of the laws of the Indian tribe,
            including any Tribal criminal proceeding or investigation of a
            crime.'';
                        (F) by inserting after paragraph (11) (as so
                    redesignated) the following:
                ``(12) Sex trafficking.--The term `sex trafficking' means
            conduct within the meaning of section 1591(a) of title 18,
            United States Code.
                ``(13) Sexual violence.--The term `sexual violence' means
            any nonconsensual sexual act or contact proscribed by the
            criminal law of the Indian tribe that has jurisdiction over the
            Indian country where the violation occurs, including in any case
            in which the victim lacks the capacity to consent to the act.'';
                        (G) in paragraph (14) (as so redesignated), in the
                    paragraph heading, by striking ``Special domestic
                    violence criminal jurisdiction'' and inserting ``Special
                    tribal criminal jurisdiction''; and
                        (H) by adding at the end the following:
                ``(16) Stalking.--The term `stalking' means engaging in a
            course of conduct directed at a specific person proscribed by
            the criminal law of the Indian tribe that has jurisdiction over
            the Indian country where the violation occurs that would cause a
            reasonable person--
                        ``(A) to fear for the person's safety or the safety
                    of others; or
                        ``(B) to suffer substantial emotional distress.
                ``(17) Violation of a protection order.--The term `violation
            of a protection order' means an act that--
                        ``(A) occurs in the Indian country of a
                    participating tribe; and
                        ``(B) violates a provision of a protection order
                    that--
                              ``(i) prohibits or provides protection against
                          violent or threatening acts or harassment against,
                          sexual

    [[Page 136 STAT. 901]]

                          violence against, contact or communication with,
                          or physical proximity to, another person;
                              ``(ii) was issued against the defendant;
                              ``(iii) is enforceable by the participating
                          tribe; and
                              ``(iv) is consistent with section 2265(b) of
                          title 18, United States Code.'';
                (4) in subsection (b)(1), by inserting after ``the powers of
            self-government of a participating tribe'' the following: ``,
            including any participating tribes in the State of Maine,'';
                (5) in subsection (b)(4)--
                        (A) in the paragraph heading, by striking
                    ``Exceptions'' and inserting ``Exception if victim and
                    defendant are both non-indians'';
                        (B) in subparagraph (A)(i), by inserting ``, other
                    than obstruction of justice or assault of Tribal justice
                    personnel,'' after ``over an alleged offense'';
                        (C) by striking subparagraph (B);
                        (D) in subparagraph (A)--
                              (i) by striking the subparagraph designation
                          and heading and all that follows through ``A
                          participating'' in clause (i) and inserting the
                          following:
                        ``(A) In general.--A participating''; and
                              (ii) by redesignating clause (ii) as
                          subparagraph (B) and indenting appropriately; and
                        (E) in subparagraph (B) (as so redesignated), by
                    striking ``subparagraph'' and inserting ``paragraph'';
                (6) by striking subsection (c) and inserting the following:

        ``(c) Criminal Conduct.--A participating tribe may exercise special
    Tribal criminal jurisdiction over a defendant for a covered crime that
    occurs in the Indian country of the participating tribe.'';
                (7) in subsection (e), by striking paragraph (3); and
                (8) by striking subsections (f), (g), and (h) and inserting
            the following:

        ``(f) Petitions for Writs of Habeas Corpus.--
                ``(1) In general.--After a defendant has been sentenced by a
            participating tribe, the defendant may file a petition for a
            writ of habeas corpus in a court of the United States under
            section 203.
                ``(2) Requirement.--An application for a writ of habeas
            corpus on behalf of a person in custody pursuant to an order of
            a Tribal court shall not be granted unless --
                        ``(A) the applicant has exhausted the remedies
                    available in the Tribal court system;
                        ``(B) there is an absence of an available Tribal
                    corrective process; or
                        ``(C) circumstances exist that render the Tribal
                    corrective process ineffective to protect the rights of
                    the applicant.

        ``(g) Notice; Habeas Corpus Petitions.--A participating tribe that
    has ordered the detention of any person has a duty to timely notify in
    writing such person of their rights and privileges under this section
    and under section 203.
        ``(h) Reimbursement and Grants to Tribal Governments.--
                ``(1) Reimbursement.--
                        ``(A) In general.--The Attorney General may
                    reimburse Tribal government authorities (or an
                    authorized designee of a Tribal government) for expenses
                    incurred in exercising special Tribal criminal
                    jurisdiction.

    [[Page 136 STAT. 902]]

                        ``(B) Eligible expenses.--Eligible expenses for
                    reimbursement under subparagraph (A) shall include
                    expenses and costs incurred in, relating to, or
                    associated with--
                              ``(i) investigating, making arrests relating
                          to, making apprehensions for, or prosecuting
                          covered crimes (including costs involving the
                          purchasing, collecting, and processing of sexual
                          assault forensic materials);
                              ``(ii) detaining, providing supervision of, or
                          providing services for persons charged with
                          covered crimes (including costs associated with
                          providing health care);
                              ``(iii) providing indigent defense services
                          for 1 or more persons charged with 1 or more
                          covered crimes; and
                              ``(iv) incarcerating, supervising, or
                          providing treatment, rehabilitation, or reentry
                          services for 1 or more persons charged with 1 or
                          more covered crimes.
                        ``(C) Procedure.--
                              ``(i) In general.--Reimbursements authorized
                          under subparagraph (A) shall be in accordance with
                          rules promulgated by the Attorney General, after
                          consultation with Indian tribes, and within 1 year
                          after the date of enactment of the Violence
                          Against Women Act Reauthorization Act of 2022.
                              ``(ii) Maximum reimbursement.--The rules
                          promulgated by the Attorney General under clause
                          (i)--
                                        ``(I) <<NOTE: Time period.>>  shall
                                    set a maximum allowable reimbursement to
                                    any Tribal government (or an authorized
                                    designee of any Tribal government) in a
                                    1-year period; and
                                        ``(II) may allow the Attorney
                                    General--
                                                ``(aa) to establish
                                            conditions under which a Tribal
                                            government (or an authorized
                                            designee of a Tribal government)
                                            may seek a waiver to the maximum
                                            allowable reimbursement
                                            requirement established under
                                            subclause (I); and
                                                ``(bb) <<NOTE: Waiver
                                            authority.>>  to waive the
                                            maximum allowable reimbursement
                                            requirements established under
                                            subclause (I) for a Tribal
                                            government (or an authorized
                                            designee of a Tribal government)
                                            if the conditions established by
                                            the Attorney General under item
                                            (aa) are met by that Tribal
                                            government (or authorized
                                            designee).
                              ``(iii) <<NOTE: Deadlines. Notification.>>
                          Timeliness of reimbursements.--To the maximum
                          extent practicable, the Attorney General shall--
                                        ``(I) not later than 90 days after
                                    the date on which the Attorney General
                                    receives a qualifying reimbursement
                                    request from a Tribal government (or an
                                    authorized designee of a Tribal
                                    government)--
                                                ``(aa) reimburse the Tribal
                                            government (or authorized
                                            designee); or

    [[Page 136 STAT. 903]]

                                                ``(bb) notify the Tribal
                                            government (or authorized
                                            designee) of the reason by which
                                            the Attorney General was unable
                                            to issue the reimbursement; and
                                        ``(II) not later than 30 days after
                                    the date on which a Tribal government
                                    (or an authorized designee of a Tribal
                                    government) reaches the annual maximum
                                    allowable reimbursement for the Tribal
                                    government (or an authorized designee)
                                    established by the Attorney General
                                    under clause (ii)(I), notify the Tribal
                                    government (or authorized designee) that
                                    the Tribal government has reached its
                                    annual maximum allowable reimbursement.
                        ``(D) Eligibility for participating tribes in
                    alaska.--A Tribal government (or an authorized designee
                    of a Tribal Government) of an Indian tribe designated as
                    a participating Tribe under subtitle B of title VIII of
                    the Violence Against Women Act Reauthorization Act of
                    2022 shall be eligible for reimbursement, in accordance
                    with this paragraph, of expenses incurred in exercising
                    special Tribal criminal jurisdiction under that
                    subtitle.
                ``(2) Grants.--The Attorney General may award grants to
            Tribal governments (or authorized designees of Tribal
            governments), including a Tribal government (or an authorized
            designee of a Tribal government) of an Indian tribe designated
            as a participating Tribe under subtitle B of title VIII of the
            Violence Against Women Act Reauthorization Act of 2022--
                        ``(A) to strengthen Tribal criminal justice systems
                    to assist Indian tribes in exercising special Tribal
                    criminal jurisdiction, including for--
                              ``(i) law enforcement (including the capacity
                          of law enforcement, court personnel, or other non-
                          law enforcement entities that have no Federal or
                          State arrest authority agencies but have been
                          designated by an Indian tribe as responsible for
                          maintaining public safety within the territorial
                          jurisdiction of the Indian tribe, to enter
                          information into and obtain information from
                          national crime information databases);
                              ``(ii) prosecution;
                              ``(iii) trial and appellate courts (including
                          facilities maintenance, renovation, and
                          rehabilitation);
                              ``(iv) supervision systems;
                              ``(v) detention and corrections (including
                          facilities maintenance, renovation, and
                          rehabilitation);
                              ``(vi) treatment, rehabilitation, and reentry
                          programs and services;
                              ``(vii) culturally appropriate services and
                          assistance for victims and their families; and
                              ``(viii) criminal codes and rules of criminal
                          procedure, appellate procedure, and evidence;
                        ``(B) to provide indigent criminal defendants with
                    licensed defense counsel, at no cost to the defendant,
                    in criminal proceedings in which a participating tribe
                    prosecutes covered crimes;

    [[Page 136 STAT. 904]]

                        ``(C) to ensure that, in criminal proceedings in
                    which a participating tribe exercises special Tribal
                    criminal jurisdiction, jurors are summoned, selected,
                    and instructed in a manner consistent with all
                    applicable requirements; and
                        ``(D) to accord victims of covered crimes rights
                    that are similar to the rights of a crime victim
                    described in section 3771(a) of title 18, United States
                    Code, consistent with Tribal law and custom.

        ``(i) Supplement, Not Supplant.--Amounts made available under this
    section shall supplement and not supplant any other Federal, State, or
    local government amounts made available to carry out activities
    described in this section.
        ``(j) Authorization of Appropriations.--
                ``(1) <<NOTE: Time period.>>  In general.--There is
            authorized to be appropriated $25,000,000 for each of fiscal
            years 2023 through 2027--
                        ``(A) to carry out subsection (h); and
                        ``(B) to provide training, technical assistance,
                    data collection, and evaluation of the criminal justice
                    systems of participating tribes.
                ``(2) Limitations.--Of the total amount made available under
            paragraph (1) for each fiscal year, not more than 40 percent
            shall be used for reimbursements under subsection (h)(1).''.

               Subtitle B--Alaska Tribal Public Safety Empowerment

    SEC. 811. <<NOTE: 25 USC 1305 note.>>  FINDINGS; PURPOSES.

        (a) Findings.--Congress finds that--
                (1) according to the report of the Indian Law and Order
            Commission established by section 15 of the Indian Law
            Enforcement Reform Act (25 U.S.C. 2812), Alaska Native women--
                        (A) are overrepresented in the domestic violence
                    victim population by 250 percent;
                        (B) in the State of Alaska, comprise--
                              (i) 19 percent of the population of the State;
                          but
                              (ii) 47 percent of reported rape victims in
                          the State; and
                        (C) as compared to the populations of other Indian
                    Tribes, suffer the highest rates of domestic and sexual
                    violence;
                (2) most Alaska Native villages are located in remote areas
            that--
                        (A) are often inaccessible by road; and
                        (B) have no local law enforcement presence;
                (3) the Commission referred to in paragraph (1)--
                        (A) determined that the Alaska Department of Public
                    Safety--
                              (i) has primary responsibility for law
                          enforcement in rural Alaska; but
                              (ii) provides only 1 to 1.4 field officers per
                          1,000,000 acres; and
                        (B) recommended that ``devolving authority to Alaska
                    Native communities is essential for addressing local
                    crime. Their governments are best positioned to
                    effectively arrest,

    [[Page 136 STAT. 905]]

                    prosecute, and punish, and they should have the
                    authority to do so-or to work out voluntary agreements
                    with each other, and with local governments and the
                    State on mutually beneficial terms''; and
                (4) the unique legal relationship of the United States to
            Indian Tribes creates a Federal trust responsibility to assist
            Tribal governments in safeguarding the lives of Indian women.

        (b) Purposes.--The purposes of this subtitle are--
                (1) <<NOTE: Coordination.>>  to increase coordination and
            communication among Federal, State, Tribal, and local law
            enforcement agencies; and
                (2) to empower Indian Tribes to effectively respond to cases
            of domestic violence, dating violence, stalking, sex
            trafficking, sexual violence, and missing or murdered Alaska
            Natives through the exercise of special Tribal criminal
            jurisdiction.
    SEC. 812. <<NOTE: 25 USC 1305 note.>>  DEFINITIONS.

        In this subtitle:
                (1) Assault of tribal justice personnel; covered crime;
            obstruction of justice; protection order; violation of a
            protection order.--
                        (A) In general.--The terms ``assault of Tribal
                    justice personnel'', ``covered crime'', ``obstruction of
                    justice'', ``protection order'', and ``violation of a
                    protection order'' have the meanings given the terms in
                    section 204(a) of Public Law 90-284 (25 U.S.C. 1304(a))
                    (commonly known as the ``Indian Civil Rights Act of
                    1968'').
                        (B) Application.--For purposes of the application of
                    the definitions of ``assault of Tribal justice
                    personnel'', ``obstruction of justice'', and ``violation
                    of a protection order'', and for purposes of the
                    application of the defined terms contained in the
                    definition of ``covered crime'', under section 204(a) of
                    Public Law 90-284 (25 U.S.C. 1304(a)) (commonly known as
                    the ``Indian Civil Rights Act of 1968'') to the pilot
                    program, the Attorney General shall modify any reference
                    to ``Indian country'' to mean the Village of a
                    participating Tribe.
                (2) Indian; indian court; indian tribe; powers of self-
            government.--The terms ``Indian'', ``Indian court'', ``Indian
            tribe'', and ``powers of self-government'' have the meanings
            given the terms in section 201 of Public Law 90-284 (25 U.S.C.
            1301) (commonly known as the ``Indian Civil Rights Act of
            1968'').
                (3) Participating tribe.-- The term ``participating Tribe''
            means an Indian tribe that is designated under section 813(d)(1)
            as a participating Tribe to exercise special Tribal criminal
            jurisdiction.
                (4) Pilot program.--The term ``pilot program'' means the
            pilot program established by section 813(d)(1).
                (5) Special tribal criminal jurisdiction.--The term
            ``special Tribal criminal jurisdiction'' means the criminal
            jurisdiction that a participating Tribe may exercise under this
            subtitle but could not otherwise exercise.
                (6) State.--The term ``State'' means the State of Alaska.
                (7) Village.--The term ``Village'' means the Alaska Native
            Village Statistical Area covering all or any portion of a Native
            village (as defined in section 3 of the Alaska Native Claims
            Settlement Act (43 U.S.C. 1602)), as depicted on the applicable

    [[Page 136 STAT. 906]]

            Tribal Statistical Area Program Verification map of the Bureau
            of the Census.
    SEC. 813. <<NOTE: 25 USC 1305.>>  TRIBAL JURISDICTION IN ALASKA.

        (a) In General.--Subject to title II of Public Law 90-284 (25 U.S.C.
    1301 et seq.) (commonly known as the ``Indian Civil Rights Act of
    1968''), Congress recognizes and affirms the inherent authority of any
    Indian tribe occupying a Village in the State to exercise criminal and
    civil jurisdiction over all Indians present in the Village.
        (b) Tribal Civil Jurisdiction to Enforce Protection Orders.--
                (1) In general.--A court of any Indian tribe in the State
            shall have full civil jurisdiction to issue and enforce
            protection orders involving any person in matters--
                        (A) arising within the Village of the Indian tribe;
                    or
                        (B) otherwise within the authority of the Indian
                    tribe.
                (2) Inclusions.--The full civil jurisdiction to issue and
            enforce protection orders under paragraph (1) includes the
            authority to enforce protection orders through--
                        (A) civil contempt proceedings;
                        (B) exclusion of violators from the Village of the
                    Indian tribe; and
                        (C) other appropriate mechanisms.

        (c) Special Tribal Criminal Jurisdiction.--
                (1) In general.--Notwithstanding any other provision of law,
            in addition to all powers of self-government recognized and
            affirmed under subsection (a), the powers of self-government of
            a participating Tribe include the inherent power of the
            participating Tribe, which is hereby recognized and affirmed, to
            exercise special Tribal criminal jurisdiction over a defendant
            for a covered crime that occurs in the Village of the
            participating Tribe.
                (2) Concurrent jurisdiction.--The exercise of special Tribal
            criminal jurisdiction by a participating Tribe shall be
            concurrent with the jurisdiction of the United States, the
            State, or both.
                (3) Exception if victim and defendant are both non-
            indians.--
                        (A) In general.--A participating Tribe may not
                    exercise special Tribal criminal jurisdiction over an
                    alleged offense of a covered crime, other than
                    obstruction of justice or assault of Tribal justice
                    personnel, if neither the defendant nor the alleged
                    victim is an Indian.
                        (B) Definition of victim.--In this paragraph and
                    with respect to a criminal proceeding in which a
                    participating Tribe exercises special Tribal criminal
                    jurisdiction based on a violation of a protection order,
                    the term ``victim'' means a person specifically
                    protected by the protection order that the defendant
                    allegedly violated.

        (d) Pilot Program for Special Tribal Criminal Jurisdiction Over
    Persons Who Are Not Indians.--
                (1) Establishment.--Subject to title II of Public Law 90-284
            (25 U.S.C. 1301 et seq.) (commonly known as the ``Indian Civil
            Rights Act of 1968''), there is established a pilot program
            under which the Attorney General, subject to paragraph (5),
            shall designate not more than 5 Indian tribes per calendar

    [[Page 136 STAT. 907]]

            year as participating Tribes to exercise the special Tribal
            criminal jurisdiction described in paragraph (6) over all
            persons present in the Village of the Indian tribe.
                (2) <<NOTE: Time period. Effective date.>>  Procedure.--At
            any time during the 1-year period beginning on the date of
            enactment of this Act, and annually thereafter, an Indian tribe
            may request the Attorney General to designate the Indian tribe
            as a participating Tribe under paragraph (1).
                (3) Designation of participating tribes.--
                        (A) <<NOTE: Consultation. Requirements.>>  In
                    general.--The Attorney General, in consultation with the
                    Secretary of the Interior and affected Indian tribes,
                    shall establish a process to designate Indian tribes to
                    participate in the pilot program, which process shall--
                              (i) require that preference shall be given to
                          Indian tribes occupying Villages--
                                        (I) the populations of which are
                                    predominantly Indian; and
                                        (II) that lack a permanent State law
                                    enforcement physical presence;
                              (ii) <<NOTE: Determination.>>  require that
                          for each Indian tribe requesting to be designated
                          as a participating Tribe, the Attorney General
                          makes a determination that the criminal justice
                          system of the Indian tribe has adequate safeguards
                          in place to protect defendants' rights, consistent
                          with section 204(d) of Public Law 90-284 (25
                          U.S.C. 1304(d)) (commonly known as the ``Indian
                          Civil Rights Act of 1968''); and
                              (iii) be subject to such other criteria as the
                          Attorney General considers to be appropriate to
                          achieve the purposes of this subtitle.
                        (B) Designation.--The Attorney General shall
                    designate Indian tribes to participate in the pilot
                    program under paragraph (1) using the process
                    established under subparagraph (A).
                (4) Intertribal participation.--
                        (A) In general.--2 or more participating Tribes (or
                    the Tribal organization (as defined in section 4 of the
                    Indian Self-Determination and Education Assistance Act
                    (25 U.S.C. 5304)) of the participating Tribe, if the
                    Tribal organization is exercising delegated authority
                    from the participating Tribe)--
                              (i) may elect to participate jointly in the
                          pilot program by providing shared resources to
                          carry out the purposes of the pilot program; and
                              (ii) on making an election pursuant to clause
                          (i), shall be considered to be a single
                          participating Tribe for purposes of the maximum
                          number of participating Tribes under paragraphs
                          (1) and (5).
                        (B) Additional participating tribes.--
                              (i) In general.--Additional participating
                          Tribes may elect to join an established
                          intertribal partnership under subparagraph (A) at
                          any time after the intertribal partnership is
                          established.
                              (ii) Application.--An intertribal partnership
                          that additional participating Tribes elect to join
                          pursuant

    [[Page 136 STAT. 908]]

                          to clause (i) shall be considered to be a single
                          participating Tribe for purposes of the maximum
                          number of participating Tribes under paragraphs
                          (1) and (5).
                (5) Maximum number of participating tribes.--
                        (A) In general.--Except as provided in subparagraph
                    (B), the Attorney General may designate not more than 30
                    Indian tribes to participate in the pilot program.
                        (B) <<NOTE: Federal Register,
                    publication. Notice. Deadline.>>  Exception.--The
                    limitation under subparagraph (A) shall not apply if the
                    Attorney General submits to the Committee on Indian
                    Affairs of the Senate and the Committee on Natural
                    Resources of the House of Representatives, and publishes
                    in the Federal Register, a written notice of the
                    intention to designate additional Indian tribes as
                    participating Tribes, including the rationale for the
                    designation, by not later than the date that is 180 days
                    before the date of designation.
                (6) Description of jurisdiction.--Congress recognizes and
            affirms that an Indian tribe selected to participate in the
            pilot program as a participating Tribe may exercise, subject to
            paragraph (7), special Tribal criminal jurisdiction with respect
            to covered crimes.
                (7) Rights of defendants.--In exercising special Tribal
            criminal jurisdiction under the pilot program, a participating
            Tribe shall provide to each defendant all rights described in
            section 204(d) of Public Law 90-284 (25 U.S.C. 1304(d))
            (commonly known as the ``Indian Civil Rights Act of 1968'').

        (e) Sentences.--In a criminal proceeding in which an Indian court of
    a participating Tribe, in exercising special Tribal criminal
    jurisdiction with respect to a covered crime, imposes a sentence of
    imprisonment of more than 1 year on a defendant pursuant to section
    202(b) of Public Law 90-284 (25 U.S.C. 1302(b)) (commonly known as the
    ``Indian Civil Rights Act of 1968''), the Indian court may require the
    defendant--
                (1) to serve a sentence--
                        (A) in a Tribal correctional center that has been
                    approved by the Bureau of Indian Affairs for long-term
                    incarceration, in accordance with guidelines set by the
                    Bureau of Indian Affairs;
                        (B) at the expense of the United States, in the
                    nearest appropriate Federal facility pursuant to the
                    Bureau of Prisons Tribal Prisoner Program established
                    under section 234(c)(1) of the Tribal Law and Order Act
                    of 2010 (25 U.S.C. 1302 note; Public Law 111-211); or
                        (C) at the expense of the participating Tribe and,
                    subject to section 204(f)(1) of Public Law 90-284 (25
                    U.S.C. 1304(f)(1)) (commonly known as the ``Indian Civil
                    Rights Act of 1968''), reimbursable by the Attorney
                    General, in a detention or correctional center approved
                    by the State or a local government of the State pursuant
                    to a memorandum of agreement between the participating
                    Tribe and the State or local government of the State; or
                (2) to serve another alternative form of punishment, as
            determined by the Indian court pursuant to Tribal law.

        (f) Memoranda of Agreement.--The Attorney General and the Secretary
    of the Interior may enter into such memoranda of agreement with
    participating Tribes and the State as are necessary and appropriate--

    [[Page 136 STAT. 909]]

                (1) to coordinate respective law enforcement activities;
                (2) to share equipment and other resources;
                (3) to establish cross-deputization arrangements;
                (4) to coordinate appropriate training activities; and
                (5) to address any other matters that will facilitate the
            successful implementation of the pilot program, including
            intergovernmental agreements regarding--
                        (A) the incarceration of convicted persons; and
                        (B) cooperation in the investigation and prosecution
                    of crimes.

        (g) Alaska Tribal Public Safety Advisory Committee.--
                (1) <<NOTE: Deadline. Consultation.>>  Establishment.--Not
            later than 1 year after the date of enactment of this Act, the
            Attorney General, in consultation with the Secretary of the
            Interior, affected Indian tribes, and the State, shall establish
            a committee, to be known as the ``Alaska Tribal Public Safety
            Advisory Committee'' (referred to in this subsection as the
            ``Committee'').
                (2) Membership.--The Committee shall consist of 1 or more
            representatives from--
                        (A) participating Tribes and Indian tribes aspiring
                    to participate in the pilot program;
                        (B) Federal, Tribal, State, and local law
                    enforcement; and
                        (C) Tribal nonprofit organizations providing victim
                    services.
                (3) Duties.--The Committee shall focus on--
                        (A) improving the justice systems, crime prevention,
                    and victim services of Indian tribes and the State; and
                        (B) increasing coordination and communication among
                    Federal, Tribal, State, and local law enforcement
                    agencies.
                (4) Travel expenses.--A member of the Committee shall be
            allowed travel expenses, including per diem in lieu of
            subsistence, at rates authorized for employees of agencies under
            subchapter I of chapter 57 of title 5, United States Code, while
            away from their homes or regular places of business in the
            performance of services for the Committee.
                (5) Nonapplicability of faca.--The Federal Advisory
            Committee Act (5 U.S.C. App.) shall not apply to the Committee.
                (6) <<NOTE: Time period.>>  Authorization of
            appropriations.--There are authorized to be appropriated to
            carry out this subsection such sums as may be necessary for the
            period of fiscal years 2023 through 2027, to remain available
            until expended.

        (h) <<NOTE: Consultation.>>  Report to Congress.--Not later than 5
    years after the date of enactment of this Act, the Attorney General, in
    consultation with the Secretary of the Interior and affected Indian
    tribes, shall submit to Congress a report describing the results of the
    pilot program, including an explanation of any modifications to law
    necessary to facilitate improved law enforcement in Villages.

        (i) Applicability.--Nothing in this subtitle--
                (1) limits, alters, expands, or diminishes the civil or
            criminal jurisdiction of the United States, the State, any
            subdivision of the State, or any Indian tribe in the State;
                (2) creates or eliminates any Federal or State criminal
            jurisdiction over a Village; or

    [[Page 136 STAT. 910]]

                (3) affects the authority of the United States or any
            authority delegated by the United States to the State to
            investigate and prosecute a criminal violation in a Village.

                   TITLE IX--OFFICE ON VIOLENCE AGAINST WOMEN

    SEC. 901. ESTABLISHMENT OF OFFICE ON VIOLENCE AGAINST WOMEN.

        (a) Establishment of Office on Violence Against Women.--Section 2002
    of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34
    U.S.C. 10442) is amended--
                (1) in the section heading, by striking ``violence against
            women office'' and inserting ``office on violence against
            women'';
                (2) in subsection (a), by striking ``a Violence Against
            Women Office'' and inserting ``an Office on Violence Against
            Women'';
                (3) in subsection (b), by inserting ``, not subsumed by any
            other office'' after ``within the Department of Justice''; and
                (4) in subsection (c)(2), by striking ``authorized or
            undertaken under the'' and all that follows and inserting
            ``authorized or undertaken under--
                        ``(A) the Violence Against Women Act of 1994 (title
                    IV of Public Law 103-322);
                        ``(B) the Violence Against Women Act of 2000
                    (division B of Public Law 106-386);
                        ``(C) the Violence Against Women and Department of
                    Justice Reauthorization Act of 2005 (Public Law 109-162;
                    119 Stat. 2960);
                        ``(D) the Violence Against Women Reauthorization Act
                    of 2013 (Public Law 113-4; 127 Stat. 54); and
                        ``(E) the Violence Against Women Act Reauthorization
                    Act of 2022.''.

        (b) Director of the Office on Violence Against Women.--Section 2003
    of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34
    U.S.C. 10443) is amended--
                (1) in the section heading, by striking ``violence against
            women office'' and inserting ``office on violence against
            women'';
                (2) in subsection (a)--
                        (A) by striking ``the Violence Against Women
                    Office'' and inserting ``the Office on Violence Against
                    Women''; and
                        (B) by striking ``in this title referred to'' and
                    inserting ``in this part referred to'';
                (3) in subsection (b)(2)--
                        (A) by striking ``or the Violence'' and inserting
                    ``, the Violence''; and
                        (B) by striking the period at the end and inserting
                    ``, the Violence Against Women and Department of Justice
                    Reauthorization Act of 2005 (Public Law 109-162; 119
                    Stat. 2960), the Violence Against Women Reauthorization
                    Act of 2013 (Public Law 113-4; 127 Stat. 54), or the
                    Violence Against Women Act Reauthorization Act of
                    2022.''.

        (c) Duties and Functions of Director of the Office on Violence
    Against Women.--Section 2004 of title I of the Omnibus

    [[Page 136 STAT. 911]]

    Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10444) is
    amended--
                (1) in the section heading, by striking ``violence against
            women office'' and inserting ``office on violence against
            women'';
                (2) in paragraph (5), in the matter preceding subparagraph
            (A)--
                        (A) by striking ``and the Violence'' and inserting
                    ``, the Violence''; and
                        (B) by striking ``, including with'' and inserting
                    ``, the Violence Against Women and Department of Justice
                    Reauthorization Act of 2005 (Public Law 109-162; 119
                    Stat. 2960), the Violence Against Women Reauthorization
                    Act of 2013 (Public Law 113-4; 127 Stat. 54), and the
                    Violence Against Women Act Reauthorization Act of 2022,
                    including with''; and
                (3) in paragraph (6)(B), by inserting ``synchronize Federal
            definitions and protocols,'' before ``and improve
            coordination''.

        (d) Staff of Office on Violence Against Women.--Section 2005 of
    title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34
    U.S.C. 10445) is amended in the section heading, by striking ``violence
    against women office'' and inserting ``office on violence against
    women''.
        (e) Conforming Amendment.--Section 121(a)(1) of the Violence Against
    Women and Department of Justice Reauthorization Act of 2005 (34 U.S.C.
    20124(a)(1)) is amended by striking ``the Violence Against Women
    Office'' and inserting ``the Office on Violence Against Women''.
    SEC. 902. SENIOR POLICY ADVISOR FOR CULTURALLY SPECIFIC
                            COMMUNITIES OF THE OFFICE ON VIOLENCE
                            AGAINST WOMEN.

        Part T of the Omnibus Crime Control and Safe Streets Act (34 U.S.C.
    10441 et seq.), as amended by section 101, is further amended by adding
    at the end the following:
    ``SEC. 2018. <<NOTE: 34 USC 10455.>>  SENIOR POLICY ADVISOR FOR
                              CULTURALLY SPECIFIC COMMUNITIES.

        ``(a) Establishment.--There is established in the Office on Violence
    Against Women a Senior Policy Advisor for Culturally Specific
    Communities.
        ``(b) Duties.--The Senior Policy Advisor for Culturally Specific
    Communities, under the guidance and authority of the Director, shall--
                ``(1) advise on the administration of grants related to
            culturally specific services and contracts with culturally
            specific organizations;
                ``(2) coordinate development of Federal policy, protocols,
            and guidelines on matters relating to domestic violence, dating
            violence, sexual assault, and stalking in culturally specific
            communities;
                ``(3) advise the Director on policies, legislation,
            implementation of laws, and other issues relating to domestic
            violence, dating violence, sexual assault, and stalking in
            culturally specific communities;
                ``(4) provide technical assistance, coordination, and
            support to other offices and bureaus in the Department of
            Justice to develop policy and to enforce Federal laws relating
            to

    [[Page 136 STAT. 912]]

            domestic violence, dating violence, sexual assault, and stalking
            in culturally specific communities;
                ``(5) ensure that appropriate technical assistance,
            developed and provided by entities with expertise in culturally
            specific communities, is made available to grantees and
            potential grantees proposing to serve culturally specific
            communities;
                ``(6) ensure access to grants and technical assistance for
            culturally specific organizations; and
                ``(7) analyze the distribution of grant funding in order to
            identify barriers for culturally specific organizations.

        ``(c) <<NOTE: Deadline.>>  Qualifications.--Not later than 120 days
    after the date of enactment of this section, the Director shall hire for
    the position established under subsection (a) an individual with
    personal, lived, and work experience from a culturally specific
    community, and a demonstrated history and expertise addressing domestic
    violence or sexual assault in a nongovernmental agency.''.

           TITLE X--IMPROVING CONDITIONS FOR WOMEN IN FEDERAL CUSTODY

    SEC. 1001. <<NOTE: Ramona Brant Improvement of Conditions for
                              Women in Federal Custody Act. 18 USC 1
                              note.>>  IMPROVING THE TREATMENT OF
                              PRIMARY CARETAKER PARENTS AND OTHER
                              INDIVIDUALS IN FEDERAL PRISONS.

        (a) Short Title.--This section may be cited as the ``Ramona Brant
    Improvement of Conditions for Women in Federal Custody Act''.
        (b) Amendment.--Chapter 303 of title 18, United States Code, is
    amended by adding at the end the following:
    ``Sec. 4051. <<NOTE: 18 USC 4051.>>  Treatment of primary
                      caretaker parents and other individuals

        ``(a) Definitions.--In this section--
                ``(1) the term `correctional officer' means a correctional
            officer of the Bureau of Prisons;
                ``(2) the term `covered institution' means a Federal penal
            or correctional institution;
                ``(3) the term `Director' means the Director of the Bureau
            of Prisons;
                ``(4) the term `post-partum recovery' means the first 12-
            week period of post-partum recovery after giving birth;
                ``(5) the term `primary caretaker parent' has the meaning
            given the term in section 31903 of the Family Unity
            Demonstration Project Act (34 U.S.C. 12242);
                ``(6) the term `prisoner' means an individual who is
            incarcerated in a Federal penal or correctional institution,
            including a vulnerable person; and
                ``(7) the term `vulnerable person' means an individual who--
                        ``(A) is under 21 years of age or over 60 years of
                    age;
                        ``(B) is pregnant;
                        ``(C) is victim or witness of a crime;
                        ``(D) has filed a nonfrivolous civil rights claim in
                    Federal or State court; or
                        ``(E) during the period of incarceration, has been
                    determined to have experienced or to be experiencing
                    severe trauma or to be the victim of gender-based
                    violence--

    [[Page 136 STAT. 913]]

                              ``(i) by any court or administrative judicial
                          proceeding;
                              ``(ii) by any corrections official;
                              ``(iii) by the individual's attorney or legal
                          service provider; or
                              ``(iv) by the individual.

        ``(b) Geographic Placement.--
                ``(1) Establishment of office.--The Director shall establish
            within the Bureau of Prisons an office that determines the
            placement of prisoners.
                ``(2) Placement of prisoners.--In determining the placement
            of a prisoner, the office established under paragraph (1)
            shall--
                        ``(A) if the prisoner has children, consider placing
                    the prisoner as close to the children as possible; and
                        ``(B) consider any other factor that the office
                    determines to be appropriate.

        ``(c) Prohibition on Placement of Pregnant Prisoners or Prisoners in
    Post-partum Recovery in Segregated Housing Units.--
                ``(1) Placement in segregated housing units.--A covered
            institution may not place a prisoner who is pregnant or in post-
            partum recovery in a segregated housing unit unless the prisoner
            presents an immediate risk of harm to the prisoner or others.
                ``(2) Restrictions.--Any placement of a prisoner described
            in paragraph (1) in a segregated housing unit shall be limited
            and temporary.

        ``(d) Intake and Assessments.--The Director shall assess the need
    for family-focused programming at intake, such as questions about
    children, gauge interest in parenting resources, and concerns about
    their child or caregiving, and administer ongoing assessment to better
    inform, identify, and make recommendations about the mother's parental
    role and familial needs.
        ``(e) Parenting Classes.--The Director shall provide voluntary
    parenting classes to each prisoner who is a primary caretaker parent,
    and such classes shall be made available to prisoners with limited
    English proficiency in compliance with title VI of the Civil Rights Act
    of 1964 (42 U.S.C. 2000d et seq.).
        ``(f) Trauma Screening.--The Director shall provide training,
    including cultural competency training, to each correctional officer and
    each employee of the Bureau of Prisons who regularly interacts with
    prisoners, including each instructor and health care professional, to
    enable those correctional officers and employees to--
                ``(1) identify a prisoner who may have a mental or physical
            health need relating to trauma the prisoner has experienced; and
                ``(2) refer a prisoner described in paragraph (1) to the
            proper health care professional for diagnosis and treatment.

        ``(g) Family Needs Training.--The Director shall provide training to
    correctional officers and employees of the Bureau of Prisons who engage
    with prisoners' families on--
                ``(1) how to interact with children in an age-appropriate
            manner, and the children's caregivers;
                ``(2) basic childhood and adolescent development
            information; and
                ``(3) basic customer service skills.

    [[Page 136 STAT. 914]]

        ``(h) Inmate Health.--
                ``(1) Health care access.--The Director shall ensure that
            all prisoners receive adequate health care.
                ``(2) Hygienic products.--The Director shall make essential
            hygienic products, including shampoo, toothpaste, toothbrushes,
            and any other hygienic product that the Director determines
            appropriate, available without charge to
            prisoners. <<NOTE: Regulations.>>  The Director shall make
            rules--
                        ``(A) on the distribution and accessibility of
                    sanitary products to prisoners, to ensure each prisoner
                    who requires these products receives a quantity the
                    prisoner deems sufficient; and
                        ``(B) providing that no visitor is prohibited from
                    visiting a prisoner due to the visitor's use of sanitary
                    products.
                ``(3) Gynecologist access.--The Director shall ensure that
            all prisoners have access to a gynecologist as appropriate.
                ``(4) Relation to other laws.--Nothing in paragraph (1)
            shall be construed to affect the requirements under the Prison
            Rape Elimination Act of 2003 (34 U.S.C. 30301 et seq.).''.

        (c) Substance Abuse Treatment.--Section 3621(e) of title 18, United
    States Code, is amended by adding at the end the following:
                ``(7) Eligibility of primary caretaker parents and pregnant
            women.--The Director of the Bureau of Prisons may not prohibit
            an eligible prisoner who is a primary caretaker parent (as
            defined in section 4051) or pregnant from participating in a
            program of residential substance abuse treatment provided under
            paragraph (1) on the basis of a failure by the eligible
            prisoner, before being committed to the custody of the Bureau of
            Prisons, to disclose to any official of the Bureau of Prisons
            that the prisoner had a substance abuse problem on or before the
            date on which the eligible prisoner was committed to the custody
            of the Bureau of Prisons.''.

        (d) <<NOTE: 18 USC 3621 note. Deadline.>>  Implementation Date.--
                (1) In general.--Not later than 2 years after the date of
            enactment of this Act, the Director of the Bureau of Prisons
            shall implement this section and the amendments made by this
            section.
                (2) Report.--Not later than 1 year after the date of
            enactment of this Act, the Director of the Bureau of Prisons
            shall submit to the Committee on the Judiciary of the Senate and
            the Committee on the Judiciary of the House of Representatives a
            progress report on the implementation of this section and the
            amendments made by this section.

        (e) Technical and Conforming Amendment.--The table of sections for
    chapter 303 of title 18, United States Code, <<NOTE: 18 USC 4041
    prec.>>  is amended by adding at the end the following:

    ``4051. Treatment of primary caretaker parents and other individuals.''.

    SEC. 1002. <<NOTE: Stop Infant Mortality and Recidivism Reduction
                              Act. 18 USC 4042 note. Deadline.>>
                              HEALTH AND SAFETY OF PREGNANT WOMEN AND
                              MOTHERS.

        (a) Short Title.--This section may be cited as the ``Stop Infant
    Mortality and Recidivism Reduction Act'' or the ``SIMARRA Act''.
        (b) Establishment.--Not later than 270 days after the date of
    enactment of this Act, the Director of the Bureau of Prisons (in this
    section referred to as the ``Director'') shall establish a pilot program
    (in this section referred to as the ``Program'') in

    [[Page 136 STAT. 915]]

    accordance with this section to permit women incarcerated in Federal
    prisons and the children born to such women during incarceration to
    reside together while the inmate serves a term of imprisonment.
        (c) Purposes.--The purposes of this section are to--
                (1) prevent infant mortality among infants born to
            incarcerated mothers and greatly reduce the trauma and stress
            experienced by pregnant inmates;
                (2) reduce the recidivism rates of federally incarcerated
            women and mothers, and enhance public safety by improving the
            effectiveness of the Federal prison system for women as a
            population with special needs;
                (3) <<NOTE: Assessments.>>  utilize a female offender risk
            and needs assessment to encourage a more effective and efficient
            Federal prison system;
                (4) <<NOTE: Assessments.>>  utilize a validated post-
            sentencing risk and needs assessment system that relies on
            dynamic factors to provide Federal prison officials with
            information regarding needs of Federal pregnant offenders and
            enhance public safety;
                (5) <<NOTE: Evaluation.>>  perform regular outcome
            evaluations of the effectiveness of programs and interventions
            for federally incarcerated pregnant women and mothers to assure
            that such programs and interventions are evidence-based and to
            suggest changes, deletions, and expansions based on the results
            of such evaluations; and
                (6) assist the Department of Justice to address the
            underlying cost structure of the Federal prison system and
            ensure that the Department can continue to run parenting
            programming safely and securely without compromising the scope
            or quality of the Department's critical health, safety and law
            enforcement missions.

        (d) Duties of the Director of Bureau of Prisons.--
                (1) <<NOTE: Consultation.>>  In general.--The Director shall
            carry out this section in consultation with--
                        (A) the Director of the Administrative Office of the
                    United States Courts;
                        (B) the Director of the Office of Probation and
                    Pretrial Services; and
                        (C) the Director of the National Institute of
                    Justice.
                (2) Duties.--The Director shall, in accordance with
            paragraph (3), and in addition to the mandates under section
            3631 of title 18, United States Code--
                        (A) evaluate the female offender risk and needs
                    assessment for its ability to address the particular
                    health and sensitivities of federally incarcerated
                    pregnant women and mothers in accordance with this
                    subsection;
                        (B) develop recommendations regarding recidivism
                    reduction programs and productive activities in
                    accordance with subsection (c);
                        (C) conduct ongoing research and data analysis on--
                              (i) the best practices relating to the use of
                          offender risk and needs assessment tools for
                          female offenders with a particular emphasis on how
                          those tools address the health and sensitivities
                          of federally incarcerated pregnant women and
                          mothers;
                              (ii) potential improvements to risk and needs
                          assessment tools for female offenders to address
                          the

    [[Page 136 STAT. 916]]

                          health and sensitivities of federally incarcerated
                          pregnant women and mothers; and
                              (iii) which recidivism reduction programs are
                          the most effective--
                                        (I) for federally incarcerated
                                    pregnant women and mothers classified at
                                    different recidivism risk levels; and
                                        (II) for addressing the specific
                                    needs of federally incarcerated pregnant
                                    women and mothers;
                        (D) on a biennial basis, review any findings related
                    to evaluations conducted under subparagraph (A) and the
                    recommendations developed under subparagraph (B), using
                    the research conducted under subparagraph (C), to
                    determine whether any revisions or updates should be
                    made to female offender risk and needs assessment
                    systems, and if so, make such revisions or updates;
                        (E) hold periodic meetings with the individuals
                    listed in paragraph (1) at intervals to be determined by
                    the Director;
                        (F) develop tools to communicate parenting program
                    availability and eligibility criteria to each employee
                    of the Bureau of Prisons and each pregnant inmate to
                    ensure that each pregnant inmate in the custody of a
                    Bureau of Prisons facility understands the resources
                    available to such inmate; and
                        (G) report to Congress in accordance with subsection
                    (h).
                (3) Methods.--In carrying out the duties under paragraph
            (2), the Director shall--
                        (A) <<NOTE: Consultation.>>  consult relevant
                    stakeholders; and
                        (B) make decisions using data that is based on
                    available statistical and empirical evidence.

        (e) Eligibility.--An inmate may apply to participate in the Program
    if the inmate--
                (1) is pregnant at the beginning of or during the term of
            imprisonment; and
                (2) is in the custody or control of the Bureau of Prisons.

        (f) Program Terms.--
                (1) Term of participation.--To correspond with the purposes
            and goals of the Program to promote bonding during the critical
            stages of child development, an eligible inmate selected for the
            Program may participate in the Program, subject to subsection
            (g), until the earliest of--
                        (A) the date that the inmate's term of imprisonment
                    terminates; or
                        (B) the date the infant fails to meet any medical
                    criteria established by the Director.
                (2) Inmate requirements.--For the duration of an inmate's
            participation in the Program, the inmate shall agree to--
                        (A) take substantive steps towards acting in the
                    role of a parent or guardian to any child of that
                    inmate;
                        (B) participate in any recommended educational or
                    counseling opportunities, including topics such as child
                    development, parenting skills, domestic violence,
                    vocational training, or substance abuse, as appropriate;

    [[Page 136 STAT. 917]]

                        (C) abide by any court decision regarding the legal
                    or physical custody of the child; and
                        (D) specify a person who has agreed to take at least
                    temporary custody of the child if the inmate's
                    participation in the Program terminates before the
                    inmate's release.

        (g) Continuity of Care.--The Director shall take appropriate actions
    to prevent detachment or disruption of either an inmate's or infant's
    health and bonding-based well-being due to termination of the Program.
        (h) Reporting.--
                (1) <<NOTE: Time period.>>  In general.--Not later than 6
            months after the date of enactment of this Act, and once each
            year thereafter for 5 years, the Director shall submit a
            progress report to the Congress with regards to implementing the
            Program.
                (2) <<NOTE: Recommenda- tions. Regulations.>>  Final
            report.--Not later than 6 months after the termination of the
            Program, the Director shall issue a final report to the Congress
            that contains a detailed statement of the Director's findings
            and conclusions, including recommendations for legislation,
            administrative actions, and regulations the Director considers
            appropriate.
    SEC. 1003. <<NOTE: 18 USC 4001 note.>>  RESEARCH AND REPORT ON
                              WOMEN IN FEDERAL INCARCERATION.

        Not <<NOTE: Time period. Consultation.>>  later than 18 months after
    the date of enactment of this Act, and thereafter, every other year, the
    National Institute of Justice, in consultation with the Bureau of
    Justice Statistics and the Bureau of Prisons (including the Women and
    Special Population Branch) shall prepare a report on the status of women
    in Federal incarceration. Depending <<NOTE: Data.>>  on the topic to be
    addressed, and the facility, data shall be collected from Bureau of
    Prisons personnel and a sample that is representative of the population
    of incarcerated women. The report shall include--
                (1) with regard to Federal facilities wherein women are
            incarcerated--
                        (A) responses by such women to questions from the
                    Adverse Childhood Experience (ACES) questionnaire;
                        (B) demographic data of such women;
                        (C) <<NOTE: Data.>>  data on the number of women who
                    are incarcerated and placed in Federal and private
                    facilities more than 200 miles from their place of
                    residence;
                        (D) responses by such women to questions about the
                    extent of exposure to sexual victimization, sexual
                    violence and domestic violence (both inside and outside
                    of incarceration);
                        (E) the number of such women pregnant at the time
                    that they entered incarceration;
                        (F) the number of such women who have children age
                    18 or under, and if so, how many; and
                        (G) the crimes for which such women are incarcerated
                    and the length of their sentence and to the extent
                    practicable, any information on the connection between
                    the crime of which they were convicted and their
                    experience of domestic violence, dating violence, sexual
                    assault, or stalking; and
                (2) <<NOTE: Lists.>>  with regard to all Federal facilities
            where persons are incarcerated--

    [[Page 136 STAT. 918]]

                        (A) a list of best practices with respect to women's
                    incarceration and transition, including staff led
                    programs, services, and management practices (including
                    making sanitary products readily available and easily
                    accessible, and access to and provision of healthcare);
                        (B) the availability of trauma treatment at each
                    facility (including number of beds, and number of
                    trained staff);
                        (C) rates of serious mental illness broken down by
                    gender and security level and a list of residential
                    programs available by site; and
                        (D) the availability of vocational education and a
                    list of vocational programs provided by each facility.
    SEC. 1004. <<NOTE: 18 USC 3624 note.>>  REENTRY PLANNING AND
                              SERVICES FOR INCARCERATED WOMEN.

        (a) <<NOTE: Coordination. Standards.>>  In General.--The Attorney
    General, in coordination with the Director of the Office of Probation
    and Pretrial Services and the Director of the Bureau of Prisons
    (including the Women and Special Population Branch), shall collaborate
    on a model of gender responsive transition for incarcerated women,
    including the development of a national standard on prevention with
    respect to domestic and sexual violence.

        (b) Required Consultation.--In developing the model required under
    subsection (a), the Attorney General shall consult with such experts
    within the Federal government (including the Office on Violence Against
    Women of the Department of Justice), within Indian Tribes (as defined in
    section 4 of the Indian Self-Determination and Education Assistance Act
    (25 U.S.C. 5304)), within Native Hawaiian organizations (as defined in
    section 6207 of the Elementary and Secondary Education Act of 1965 (20
    U.S.C. 7517)), and in the victim service provider community (including
    sexual and domestic violence and homelessness, job training and job
    placement service providers) as are necessary to the completion of a
    comprehensive plan.
        (c) Contents.--The model required under subsection (a) shall
    address, at a minimum--
                (1) the development by the Bureau of Prisons of a contract
            for gender collaborative services; and
                (2) identification by re-entry affairs coordinators and
            responsive planning for the needs of re-entering women with
            respect to--
                        (A) housing, including risk of homelessness;
                        (B) previous exposure to and risk for domestic and
                    sexual violence;
                        (C) the need for parenting classes, assistance
                    securing childcare, or assistance in seeking or securing
                    jobs that afford flexibility (as might be necessary in
                    the re-entry, parenting or other contexts);
                        (D) other support tailored to the needs of
                    Indigenous women, including American Indian, Alaska
                    Native, and Native Hawaiian women; and
                        (E) the need to ensure a family-focused reentry,
                    by--
                              (i) including incarcerated mothers, their
                          children, and their caregivers to create family
                          reentry planning and programming; and
                              (ii) informing reentry information to visiting
                          families.

    [[Page 136 STAT. 919]]

    SEC. 1005. AUTHORIZATION OF APPROPRIATIONS.

         To <<NOTE: Time period.>>  carry out this title, there are
    authorized to be appropriated $8,000,000 for each of fiscal years 2023
    through 2027.

            TITLE XI--LAW ENFORCEMENT TOOLS TO ENHANCE PUBLIC SAFETY

    SEC. 1101. <<NOTE: NICS Denial Notification Act of 2022. 18 USC 1
                              note.>>  NICS DENIAL NOTIFICATION ACT OF
                              2022.

        (a) Short Title.--This section may be cited as the ``NICS Denial
    Notification Act of 2022''.
        (b) Local Law Enforcement Authority Defined.--Section 921(a) of
    title 18, United States Code, is amended by adding at the end the
    following:
                ``(36) <<NOTE: Definition.>>  The term `local law
            enforcement authority' means a bureau, office, department or
            other authority of a State or local government or Tribe that has
            jurisdiction to investigate a violation or potential violation
            of, or enforce, a State, local, or Tribal law.''.

        (c) Amendment.--Chapter 44 of title 18, United States Code, is
    amended by inserting after section 925A the following:
    ``Sec. 925B. <<NOTE: 18 USC 925B.>>  Reporting of background check
                      denials to State authorities

        ``(a) <<NOTE: Notice. Arms and munitions.>>  In General.--If the
    national instant criminal background check system established under
    section 103 of the Brady Handgun Violence Prevention Act (34 U.S.C.
    40901) (referred to in this section as `NICS') provides a notice
    pursuant to section 922(t) that the receipt of a firearm by a person
    would violate subsection (g) or (n) of section 922 or State, local, or
    Tribal law, the Attorney General shall, in accordance with subsection
    (b) of this section--
                ``(1) report to the local law enforcement authority of the
            State or Tribe where the person sought to acquire the firearm
            and, if different, the local law enforcement authorities of the
            State or Tribe of residence of the person--
                        ``(A) that the notice was provided;
                        ``(B) the Federal, State, local or Tribal
                    prohibition;
                        ``(C) the date and time the notice was provided;
                        ``(D) the location of the licensee where the firearm
                    was sought to be transferred; and
                        ``(E) the identity of the person; and
                ``(2) where practicable, report the incident to State and
            local prosecutors or Tribal prosecutors in the jurisdiction
            where the firearm transfer was sought.

        ``(b) Requirements for Report.--A report is made in accordance with
    this subsection if the report is made under subsection (a) within 24
    hours after the NICS denies a firearm transfer in accordance with
    section 922(t) of title 18, United States Code, except that the making
    of the report may be delayed for so long as is necessary to avoid
    compromising an ongoing investigation.
        ``(c) <<NOTE: Determination. Notification.>>  Amendment of Report.--
    If a report is made in accordance with subsection (b) and, after such
    report is made, the Federal Bureau of Investigation determines that the
    receipt of a firearm by a person for whom the report was made would not
    violate subsection (g) or (n) of section 922 or State, local, or Tribal
    law, the Attorney General shall notify any law enforcement authority

    [[Page 136 STAT. 920]]

    and any prosecutor to whom the report was made of that determination.

        ``(d) Rule of Construction.--Nothing in subsection (a) shall be
    construed to require a report with respect to a person to be made to the
    same State authorities that made the original denial determination with
    respect to the transfer of the firearm.''.
        (d) Clerical Amendment.--The table of sections for chapter 44 of
    title 18, United States Code, <<NOTE: 18 USC 921 prec.>>  is amended by
    inserting after the item relating to section 925A the following:

    ``925B. Reporting of background check denials to State authorities.''.

    SEC. 1102. ANNUAL REPORT TO CONGRESS.

        (a) In General.--Chapter 44 of title 18, United States Code, as
    amended by section 1101, is amended by inserting after section 925B the
    following:
    ``Sec. 925C. <<NOTE: 18 USC 925C.>>  Annual report to Congress

        ``Not later than 1 year after the date of enactment of this section,
    and annually thereafter, the Attorney General shall submit to Congress a
    report detailing the following, broken down by Federal judicial
    district:
                ``(1) <<NOTE: Arms and munitions.>>  With respect to each
            category of persons prohibited by subsection (g) or (n) of
            section 922 or State law from receiving or possessing a firearm
            who are so denied a firearm--
                        ``(A) the number of denials;
                        ``(B) the number of denials referred to the Bureau
                    of Alcohol, Tobacco, Firearms, and Explosives;
                        ``(C) the number of denials for which the Bureau of
                    Alcohol, Tobacco, Firearms, and Explosives determines
                    that the person denied was not prohibited by subsection
                    (g) or (n) of section 922 or State law from receiving or
                    possessing a firearm;
                        ``(D) the number of denials overturned through the
                    appeals process of the national instant criminal
                    background check system established under section 103 of
                    the Brady Handgun Violence Prevention Act (34 U.S.C.
                    40901);
                        ``(E) the number of denials with respect to which an
                    investigation was opened by a field division of the
                    Bureau of Alcohol, Tobacco, Firearms, and Explosives;
                        ``(F) the number of persons charged with a Federal
                    criminal offense in connection with a denial; and
                        ``(G) the number of convictions obtained by Federal
                    authorities in connection with a denial.
                ``(2) <<NOTE: Notices.>>  The number of background check
            notices reported pursuant to section 925B (including the number
            of the notices that would have been so reported but for section
            925B(c)).''.

        (b) Clerical Amendment.--The table of sections for chapter 44 of
    title 18, United States Code, <<NOTE: 18 USC 921 prec.>>  as amended by
    section 1101, is amended by inserting after the item relating to section
    925B the following:

    ``925C. Annual report to Congress.''.

    SEC. 1103. SPECIAL ASSISTANT U.S. ATTORNEYS AND CROSS-DEPUTIZED
                              ATTORNEYS.

        (a) In General.--Chapter 44 of title 18, United States Code, as
    amended by section 1102, is further amended by inserting after section
    925C the following:

    [[Page 136 STAT. 921]]

    ``Sec. 925D. <<NOTE: 18 USC 925D.>>  Special assistant U.S.
                      attorneys and cross-deputized attorneys

        ``(a) In General.--In order to improve the enforcement of paragraphs
    (8) and (9) of section 922(g), the Attorney General may--
                ``(1) <<NOTE: Appointment.>>  appoint, in accordance with
            section 543 of title 28, qualified State, Tribal, territorial
            and local prosecutors and qualified attorneys working for the
            United States government to serve as special assistant United
            States attorneys for the purpose of prosecuting violations of
            such paragraphs; and
                ``(2) deputize State, Tribal, territorial and local law
            enforcement officers for the purpose of enhancing the capacity
            of the agents of the Bureau of Alcohol, Tobacco, Firearms, and
            Explosives in responding to and investigating violations of such
            paragraphs.

        ``(b) Improve Intimate Partner and Public Safety.--The Attorney
    General shall--
                ``(1) identify not fewer than 75 jurisdictions among States,
            territories and Tribes where there are high rates of firearms
            violence and threats of firearms violence against intimate
            partners and other persons protected under paragraphs (8) and
            (9) of section 922(g) and where local authorities lack the
            resources to address such violence;
                ``(2) make such appointments as described in subsection (a)
            in jurisdictions where enhanced enforcement of such paragraphs
            is necessary to reduce firearms homicide and injury rates; and
                ``(3) establish, in order to receive and expedite requests
            for assistance from State, Tribal, territorial, and local law
            enforcement agencies responding to intimate partner violence
            cases where such agencies have probable cause to believe that
            the offenders may be in violation of such paragraphs, points of
            contact within--
                        ``(A) each Field Division of the Bureau of Alcohol,
                    Tobacco, Firearms, and Explosives; and
                        ``(B) each District Office of the United States
                    Attorneys.

        ``(c) Qualified Defined.--For purposes of this section, the term
    `qualified' means, with respect to an attorney, that the attorney is a
    licensed attorney in good standing with any relevant licensing
    authority.''.
        (b) Clerical Amendment.--The table of sections for chapter 44 of
    title 18, United States Code, <<NOTE: 18 USC 921 prec.>>  as amended by
    this Act, is further amended by inserting after the item relating to
    section 925C the following:

    ``925D. Special assistant U.S. attorneys and cross-deputized
               attorneys.''.

    SEC. 1104. UNLAWFUL ACTS.

        (a) Misdemeanor Crime of Domestic Violence Defined.--Section
    921(a)(33)(A)(i) of title 18, United States Code, is amended by striking
    ``or Tribal law'' and inserting ``, Tribal, or local law''.
        (b) Transfers.-- Section 922(t) of title 18, United States Code, is
    amended-
                (1) in paragraph (1)(B)(ii), by inserting ``, or State,
            local, or Tribal law'' after ``subsection (g) or (n) of this
            section'';
                (2) in paragraph (2), in the matter preceding subparagraph
            (A), by inserting ``, local or Tribal'' after ``State'';
                (3) in paragraph (4), by inserting ``local, or Tribal''
            after ``State''; and

    [[Page 136 STAT. 922]]

                (4) in paragraph (5), by inserting ``local, or Tribal''
            after ``State''.
    SEC. 1105. REVIEW ON CRIMINAL OFFENSES AFFECTING NATIVE HAWAIIANS.

        (a) Native Hawaiian Defined.--In this section, the term ``Native
    Hawaiian'' has the meaning given the term in section 801 of the Native
    American Housing Assistance and Self-Determination Act (25 U.S.C. 4221).
        (b) Review of Relevant Federal Crime Prevention, Victim Service, and
    Criminal Justice Programs Serving Native Hawaiians.--
                (1) Report.--Not later than 18 months after the date of
            enactment of this Act, the Attorney General shall submit a
            report to Congress containing the following:
                        (A) The results and findings of the comprehensive
                    review required to be conducted under paragraph (2).
                        (B) The amount of Federal funding received by Native
                    Hawaiian-serving organizations from relevant Federal
                    programs, including the percentage of each such amount
                    of funding received by Native Hawaiian-serving
                    organizations relative to the total amount of funding
                    dispersed for each relevant Federal program.
                        (C) <<NOTE: Recommenda- tions. Proposals.>>
                    Recommendations and legislative proposals to--
                              (i) improve how relevant Federal programs
                          address the needs of Native Hawaiians;
                              (ii) improve responses to and investigation of
                          incidences of missing or murdered Native
                          Hawaiians;
                              (iii) reduce the likelihood that a Native
                          Hawaiian may become involved in the criminal
                          justice system; and
                              (iv) address any other relevant matters deemed
                          necessary by the Attorney General.
                (2) Comprehensive review.--The Attorney General shall
            conduct a comprehensive review of relevant Federal programs.
                (3) <<NOTE: Definition.>>  Relevant federal program.--In
            this subsection, the term ``relevant Federal program'' means
            any--
                        (A) law enforcement or other crime prevention
                    program targeting criminal offenses that affect Native
                    Hawaiians, including child sexual exploitation, child
                    abuse, intimate partner violence, human trafficking,
                    missing or murdered individuals, and substance abuse;
                        (B) any program that provide services to victims of
                    criminal offenses affecting Native Hawaiians, including
                    child sexual exploitation, child abuse, intimate partner
                    violence, human trafficking, and substance abuse; and
                        (C) any criminal justice system program or service
                    available to and used by Native Hawaiians in various
                    jurisdictions, including diversion programs, in-prison
                    education programs, and reentry services.

        (c) Report on Native Hawaiians in the Criminal Justice System.--
                (1) <<NOTE: Coordination.>>  In general.--Not later than 180
            days after the date of enactment of this Act, the Attorney
            General, acting through the National Institute of Justice, in
            coordination with the Bureau of Justice Statistics, shall
            prepare a report on the

    [[Page 136 STAT. 923]]

            interaction of Native Hawaiians with the criminal justice
            system.
                (2) Contents of report.--The report required under this
            subsection shall include--
                        (A) <<NOTE: Statistics.>>  known statistics related
                    to the percentage of persons who are Native Hawaiians
                    out of the total of--
                              (i) all persons arrested;
                              (ii) all persons detained in Federal, State,
                          and local jails;
                              (iii) all persons subject to pretrial
                          supervision;
                              (iv) all persons subject to post-conviction
                          supervision;
                              (v) all persons incarcerated in Federal and
                          State prisons; and
                              (vi) all persons subject to post-release
                          supervision;
                        (B) an explanation of why the statistics described
                    in subparagraph (A) may not be comprehensive;
                        (C) <<NOTE: Recommenda- tions.>>  recommendations on
                    how data collection related to the statistics described
                    in subparagraph (A) could be improved;
                        (D) a description of any culturally relevant
                    programs available to Native Hawaiians who interact with
                    the Federal criminal justice system; and
                        (E) <<NOTE: Summary. Data.>>  a summary of any
                    available data on the number of Native Hawaiians who are
                    incarcerated and placed in Federal and private
                    correctional facilities more than 200 miles from their
                    place of residence.

    TITLE XII--CLOSING <<NOTE: Closing the Law Enforcement Consent Loophole
    Act of 2022.>>  THE LAW ENFORCEMENT CONSENT LOOPHOLE
    SEC. 1201. <<NOTE: 18 USC 1 note.>>  SHORT TITLE.

        This title may be cited as the ``Closing the Law Enforcement Consent
    Loophole Act of 2022''.
    SEC. 1202. PENALTIES FOR CIVIL RIGHTS OFFENSES INVOLVING SEXUAL
                              MISCONDUCT.

        (a) Amendment.--
                (1) In general.--Chapter 13 of title 18, United States Code,
            is amended by adding at the end the following:
    ``Sec. 250. <<NOTE: 18 USC 250.>>  Penalties for civil rights
                    offenses involving sexual misconduct

        ``(a) Offense.--It shall be unlawful for any person to, in the
    course of committing an offense under this chapter or under section 901
    of the Fair Housing Act (42 U.S.C. 3631), engage in, or cause another to
    engage in, sexual misconduct.
        ``(b) Penalties.--Any person who violates subsection (a) shall be--
                ``(1) in the case of an offense involving aggravated sexual
            abuse, as defined in section 2241, or if the offense involved
            sexual abuse, as defined in section 2242, or if the offense
            involved an attempt to commit such aggravated sexual abuse or
            sexual abuse, fined under this title and imprisoned for any term
            of years or for life;

    [[Page 136 STAT. 924]]

                ``(2) in the case of an offense involving abusive sexual
            contact of a child who has not attained the age of 16, of the
            type prohibited by section 2244(a)(5), fined under this title
            and imprisoned for any term of years or for life;
                ``(3) <<NOTE: Time period.>>  in the case of an offense
            involving a sexual act, as defined in section 2246, with another
            person without the other person's permission, and it does not
            amount to sexual abuse or aggravated sexual abuse, be fined
            under this title and imprisoned for not more than 40 years;
                ``(4) in the case of an offense involving abusive sexual
            contact of the type prohibited by subsection (a)(1) or (b) of
            section 2244, but excluding abusive sexual contact through the
            clothing--
                        ``(A) fined under this title and imprisoned for not
                    more than 10 years; and
                        ``(B) <<NOTE: Time period.>>  if the offense
                    involves a child who has not attained the age of 12
                    years, imprisoned for not more than 30 years;
                ``(5) in the case of an offense involving abusive sexual
            contact of the type prohibited by section 2244(a)(2)--
                        ``(A) fined under this title and imprisoned for not
                    more than 3 years; and
                        ``(B) <<NOTE: Time period.>>  if the offense
                    involves a child under the age of 12, imprisoned for not
                    more than 20 years; and
                ``(6) in the case of an offense involving abusive sexual
            contact through the clothing of the type prohibited by
            subsection (a)(3), (a)(4), or (b) of section 2244--
                        ``(A) <<NOTE: Time period.>>  fined under this title
                    and imprisoned for not more than 2 years; and
                        ``(B) if the offense involves a child under the age
                    of 12, imprisoned for not more than 10 years.''.
                (2) Technical and conforming amendment.--The table of
            sections for chapter 13 of title 18, <<NOTE: 18 USC 241 prec.>>
            United States Code, is amended by inserting after the item
            relating to section 249 the following:

    ``250. Penalties for civil rights offenses involving sexual
               misconduct.''.

        (b) Sexual Abuse.--Section 2242 of title 18, United States Code, is
    amended--
                (1) in paragraph (1), by striking ``or'' at the end;
                (2) in paragraph (2)(B), by inserting ``or'' after the
            semicolon; and
                (3) by inserting after paragraph (2) the following:
                ``(3) engages in a sexual act with another person without
            that other person's consent, to include doing so through
            coercion;''.

        (c) Sexual Abuse of a Minor, a Ward, or an Individual in Federal
    Custody.--
                (1) In general.--Section 2243 of title 18, United States
            Code, is amended--
                        (A) by striking the section heading and inserting
                    ``Sexual abuse of a minor, a ward, or an individual in
                    Federal custody'';
                        (B) by redesignating subsections (c) and (d) as
                    subsections (d) and (e), respectively; and
                        (C) by adding after subsection (b) the following:

    [[Page 136 STAT. 925]]

        ``(c) <<NOTE: Time period.>>  Of an Individual in Federal Custody.--
    Whoever, while acting in their capacity as a Federal law enforcement
    officer, knowingly engages in a sexual act with an individual who is
    under arrest, under supervision, in detention, or in Federal custody,
    shall be fined under this title, imprisoned not more than 15 years, or
    both.''.
                (2) Clerical amendment.--The table of sections for chapter
            109A of title 18, United States Code, <<NOTE: 18 USC 2241
            prec.>>  is amended by striking the item relating to section
            2243 and inserting the following:

    ``2243. Sexual abuse of a minor, a ward, or an individual in Federal
               custody.''.

        (d) Abusive Sexual Contact.--Section 2244(a) of title 18, United
    States Code, is amended--
                (1) in paragraph (4), by striking ``or'' at the end;
                (2) in paragraph (5), by striking the period at the end and
            inserting ``; or''; and
                (3) by adding at the end the following:
                ``(6) subsection (c) of section 2243 of this title had the
            sexual contact been a sexual act, shall be fined under this
            title, imprisoned not more than two years, or both;'';

        (e) Definition.--Section 2246 of title 18, United States Code, is
    amended--
                (1) in paragraph (5), by striking ``and'' at the end;
                (2) in paragraph (6), by striking the period at the end and
            inserting ``; and''; and
                (3) by inserting after paragraph (6) the following:
                ``(7) the term `Federal law enforcement officer' has the
            meaning given the term in section 115.''.
    SEC. 1203. <<NOTE: 34 USC 60106.>>  INCENTIVES FOR STATES.

        (a) Authority To Make Grants.--The Attorney General is authorized to
    make grants to States that have in effect a law that--
                (1) makes it a criminal offense for any person acting under
            color of law of the State to knowingly engage in a sexual act
            with an individual who is under arrest, in detention, or
            otherwise in the actual custody of any law enforcement officer;
            and
                (2) prohibits a person charged with an offense described in
            paragraph (1) from asserting the consent of the other individual
            as a defense.

        (b) Reporting Requirement.--A State that receives a grant under this
    section shall submit to the Attorney General, on an annual basis,
    information on--
                (1) the number of reports made to law enforcement agencies
            in that State regarding persons engaging in a sexual act while
            acting under color of law during the previous year; and
                (2) the disposition of each case in which sexual misconduct
            by a person acting under color of law was reported during the
            previous year.

        (c) Application.--A State seeking a grant under this section shall
    submit an application to the Attorney General at such time, in such
    manner, and containing such information as the Attorney General may
    reasonably require, including information about the law described in
    subsection (a).
        (d) Grant Amount.--The amount of a grant to a State under this
    section shall be in an amount that is not greater than 10

    [[Page 136 STAT. 926]]

    percent of the average of the total amount of funding of the 3 most
    recent awards that the State received under the following grant
    programs:
                (1) Part T of title I of the Omnibus Crime Control and Safe
            Streets Act of 1968 (34 U.S.C. 10441 et seq.) (commonly referred
            to as the ``STOP Violence Against Women Formula Grant
            Program'').
                (2) Section 41601 of the Violence Against Women Act of 1994
            (34 U.S.C. 12511) (commonly referred to as the ``Sexual Assault
            Services Program'').

        (e) Grant Term.--
                (1) In general.--The Attorney General shall provide an
            increase in the amount provided to a State under the grant
            programs described in subsection (d) for a 2-year period.
                (2) Renewal.--A State that receives a grant under this
            section may submit an application for a renewal of such grant at
            such time, in such manner, and containing such information as
            the Attorney General may reasonably require.
                (3) <<NOTE: Time period.>>  Limit.--A State may not receive
            a grant under this section for more than 4 years.

        (f) Uses of Funds.--A State that receives a grant under this section
    shall use--
                (1) 25 percent of such funds for any of the permissible uses
            of funds under the grant program described in paragraph (1) of
            subsection (d); and
                (2) 75 percent of such funds for any of the permissible uses
            of funds under the grant program described in paragraph (2) of
            subsection (d).

        (g) <<NOTE: Time period.>>  Authorization of Appropriations.--There
    are authorized to be appropriated to carry out this section $5,000,000
    for each of fiscal years 2023 through 2027.

        (h) Definition.--For purposes of this section, the term ``State''
    means each of the several States and the District of Columbia, Indian
    Tribes, and the Commonwealth of Puerto Rico, Guam, American Samoa, the
    Virgin Islands, and the Northern Mariana Islands.
    SEC. 1204. <<NOTE: 34 USC 60106 note. Time period.>>  REPORTS TO
                              CONGRESS.

        (a) Report by Attorney General.--Not later than 1 year after the
    date of enactment of this Act, and each year thereafter, the Attorney
    General shall submit to Congress and make publicly available on the
    Department of Justice website a report containing--
                (1) the information required to be reported to the Attorney
            General under section 1203(b); and
                (2) information on--
                        (A) the number of reports made, during the previous
                    year, to Federal law enforcement agencies regarding
                    persons engaging in a sexual act while acting under
                    color of law; and
                        (B) the disposition of each case in which sexual
                    misconduct by a person acting under color of law was
                    reported.

        (b) <<NOTE: Time periods.>>  Report by GAO.--Not later than 1 year
    after the date of enactment of this Act, and each year thereafter, the
    Comptroller General of the United States shall submit to Congress a
    report on any violations of section 2243(c) of title 18, United States
    Code, as amended by section 1302, committed during the 1-year period
    covered by the report.

    [[Page 136 STAT. 927]]

        (c) Report by Attorney General on Conflicts Between State's
    Marriage-age and Age-based Sex Offenses.--Not <<NOTE: Examination.>>
    later than 1 year after the date of enactment of this Act, and each year
    thereafter, the Attorney General shall submit to Congress a report that
    examines inconsistencies between State laws on marriage-age and State
    laws on age-based sex offenses and, in particular, States with laws
    that--
                (1) provide an exception to definitions of age-based sex
            offenses (including statutory rape), or a defense to prosecution
            for such offenses, based on the marriage of the perpetrator to
            the victim; or
                (2) allow marriages between parties at ages, or with age
            differences between them, such that sexual acts between those
            parties outside of marriage would constitute an age-based sex
            offense (including statutory rape).
    SEC. 1205. <<NOTE: 34 USC 60106 note.>>  DEFINITION.

        In this title, the term ``sexual act'' has the meaning given the
    term in section 2246 of title 18, United States Code.

                            TITLE XIII--OTHER MATTERS

    SEC. 1301. NATIONAL STALKER AND DOMESTIC VIOLENCE REDUCTION.

        Section 40603 of the Violence Against Women Act of 1994 (34 U.S.C.
    12402) is amended by striking ``2014 through 2018'' and inserting ``2023
    through 2027''.
    SEC. 1302. FEDERAL VICTIM AND WITNESS COORDINATORS
                              REAUTHORIZATION.

        Section 40114 of the Violence Against Women Act of 1994 (Public Law
    103-322; 108 Stat. 1910) is amended to read as follows:
    ``SEC. 40114. AUTHORIZATION FOR FEDERAL VICTIM AND WITNESS
                                COORDINATORS.

        ``There <<NOTE: Time period.>>  are authorized to be appropriated
    for the United States attorneys for the purpose of appointing victim and
    witness coordinators for the prosecution of sex crimes and domestic
    violence crimes where applicable (such as the District of Columbia),
    $1,000,000 for each of fiscal years 2023 through 2027.''.
    SEC. 1303. CHILD ABUSE TRAINING PROGRAMS FOR JUDICIAL PERSONNEL
                              AND PRACTITIONERS REAUTHORIZATION.

        Section 224(a) of the Crime Control Act of 1990 (34 U.S.C. 20334(a))
    is amended by striking ``subtitle'' and all that follows and inserting
    ``subtitle $2,300,000 for each of fiscal years 2023 through 2027''.
    SEC. 1304. SEX OFFENDER MANAGEMENT.

        Section 40152(c) of the Violent Crime Control and Law Enforcement
    Act of 1994 (34 U.S.C. 12311(c)) is amended to read as follows:
        ``(c) <<NOTE: Time period.>>  Authorization of Appropriations.--
    There are authorized to be appropriated to carry out this section
    $5,000,000 for each of fiscal years 2023 through 2027.''.

    [[Page 136 STAT. 928]]

    SEC. 1305. COURT-APPOINTED SPECIAL ADVOCATE PROGRAM.

        Section 219(a) of the Crime Control Act of 1990 (34 U.S.C. 20324(a))
    is amended by striking ``2014 through 2018'' and inserting ``2023
    through 2027''.
    SEC. 1306. <<NOTE: Reports.>>  REVIEW OF LINK BETWEEN SUBSTANCE
                              USE AND VICTIMS OF DOMESTIC VIOLENCE
                              DATING VIOLENCE, SEXUAL ASSAULT, OR
                              STALKING.

        Not later than 2 years after the date of enactment of this Act, the
    Secretary of Health and Human Services shall complete a review and
    submit to Congress a report on whether being a victim of domestic
    violence, dating violence, sexual assault, or stalking increases the
    likelihood of having a substance use disorder.
    SEC. 1307. INTERAGENCY WORKING GROUP TO STUDY FEDERAL EFFORTS TO
                              COLLECT DATA ON SEXUAL VIOLENCE.

        (a) <<NOTE: Deadline. Recommenda- tions.>>  Establishment.--Not
    later than 180 days after the date of enactment of this Act, the
    Attorney General shall establish an interagency working group to study
    Federal efforts to collect data on sexual violence and to make
    recommendations on the harmonization of such efforts.

        (b) Composition.--The Working Group shall be comprised of at least
    one representative from each of the following agencies, who shall be
    selected by the head of that agency:
                (1) The Centers for Disease Control and Prevention.
                (2) The Department of Education.
                (3) The Department of Health and Human Services.
                (4) The Department of Justice.
                (5) The Equal Employment Opportunity Commission.

        (c) Duties.--The Working Group shall consider the following:
                (1) What activity constitutes different acts of sexual
            violence.
                (2) Whether reports that use the same terms for acts of
            sexual violence are collecting the same data on these acts.
                (3) Whether the context which led to an act of sexual
            violence should impact how that act is accounted for in reports.
                (4) Whether the data collected is presented in a way that
            allows the general public to understand what acts of sexual
            violence are included in each measurement.
                (5) Steps that agencies that compile reports relating to
            sexual violence can take to avoid double counting incidents of
            sexual violence.

        (d) <<NOTE: Publication. Recommenda- tions.>>  Report Required.--Not
    later than 2 years after the date of enactment of this Act, the Working
    Group shall publish and submit to Congress a report on the following:
                (1) The activities of the Working Group.
                (2) Recommendations to harmonize Federal efforts to collect
            data on sexual violence.
                (3) Actions Federal agencies can take to implement the
            recommendations described in paragraph (2).
                (4) Recommendations, if any, for congressional action to
            implement the recommendations described in paragraph (2).

        (e) Termination.--The Working Group shall terminate 30 days after
    the date on which the report is submitted pursuant to subsection (d).
        (f) Definitions.--In this section:

    [[Page 136 STAT. 929]]

                (1) Harmonize.--The term ``harmonize'' includes efforts to
            coordinate sexual violence data collection to produce
            complementary information, as appropriate, without compromising
            programmatic needs.
                (2) Sexual violence.--The term ``sexual violence'' includes
            an unwanted sexual act (including both contact and non-contact)
            about which the Federal Government collects information.
                (3) Working group.--The term ``Working Group'' means the
            interagency working group established under subsection (a).
    SEC. 1308. NATIONAL RESOURCE CENTER ON WORKPLACE RESPONSES TO
                              ASSIST VICTIMS OF DOMESTIC AND SEXUAL
                              VIOLENCE; ASSISTANCE FOR
                              MICROBUSINESSES.

        Section 41501(b) of the Violence Against Women Act of 1994 (34
    U.S.C. 12501(b)) is amended--
                (1) in paragraph (2)--
                        (A) by striking ``companies and public entities''
                    and inserting ``companies, public entities''; and
                        (B) by inserting ``, and employers with fewer than
                    20 employees'' after ``State and local governments'';
                    and
                (2) in paragraph (3), by inserting before the period at the
            end the following: ``, which materials shall include a website
            with resources for employers with fewer than 20 employees,
            including live training materials''.
    SEC. 1309. <<NOTE: 15 USC 6851.>>  CIVIL ACTION RELATING TO
                              DISCLOSURE OF INTIMATE IMAGES.

        (a) Definitions.--In this section:
                (1) Commercial pornographic content.--The term ``commercial
            pornographic content'' means any material that is subject to the
            record keeping requirements under section 2257 of title 18,
            United States Code.
                (2) Consent.--The term ``consent'' means an affirmative,
            conscious, and voluntary authorization made by the individual
            free from force, fraud, misrepresentation, or coercion.
                (3) Depicted individual.--The term ``depicted individual''
            means an individual whose body appears in whole or in part in an
            intimate visual depiction and who is identifiable by virtue of
            the person's face, likeness, or other distinguishing
            characteristic, such as a unique birthmark or other recognizable
            feature, or from information displayed in connection with the
            visual depiction.
                (4) Disclose.--The term ``disclose'' means to transfer,
            publish, distribute, or make accessible.
                (5) Intimate visual depiction.--The term ``intimate visual
            depiction''--
                        (A) means a visual depiction, as that term is
                    defined in section 2256(5) of title 18, United States
                    Code, that depicts--
                              (i) the uncovered genitals, pubic area, anus,
                          or post-pubescent female nipple of an identifiable
                          individual; or
                              (ii) the display or transfer of bodily sexual
                          fluids--
                                        (I) on to any part of the body of an
                                    identifiable individual;
                                        (II) from the body of an
                                    identifiable individual; or

    [[Page 136 STAT. 930]]

                                        (III) an identifiable individual
                                    engaging in sexually explicit conduct
                                    and
                        (B) includes any visual depictions described in
                    subparagraph (A) produced while the identifiable
                    individual was in a public place only if the individual
                    did not--
                              (i) voluntarily display the content depicted;
                          or
                              (ii) consent to the sexual conduct depicted.
                (6) Sexually explicit conduct.--The term ``sexually explicit
            conduct'' has the meaning given the term in subparagraphs (A)
            and (B) of section 2256(2) of title 18, United States Code.

        (b) Civil Action.--
                (1) Right of action.--
                        (A) In general.--Except as provided in paragraph
                    (4), an individual whose intimate visual depiction is
                    disclosed, in or affecting interstate or foreign
                    commerce or using any means or facility of interstate or
                    foreign commerce, without the consent of the individual,
                    where such disclosure was made by a person who knows
                    that, or recklessly disregards whether, the individual
                    has not consented to such disclosure, may bring a civil
                    action against that person in an appropriate district
                    court of the United States for relief as set forth in
                    paragraph (3).
                        (B) Rights on behalf of certain individuals.--In the
                    case of an individual who is under 18 years of age,
                    incompetent, incapacitated, or deceased, the legal
                    guardian of the individual or representative of the
                    identifiable individual's estate, another family member,
                    or any other person appointed as suitable by the court,
                    may assume the identifiable individual's' rights under
                    this section, but in no event shall the defendant be
                    named as such representative or guardian.
                (2) Consent.--For purposes of an action under paragraph
            (1)--
                        (A) the fact that the individual consented to the
                    creation of the depiction shall not establish that the
                    person consented to its distribution; and
                        (B) the fact that the individual disclosed the
                    intimate visual depiction to someone else shall not
                    establish that the person consented to the further
                    disclosure of the intimate visual depiction by the
                    person alleged to have violated paragraph (1).
                (3) Relief.--
                        (A) In general.--In a civil action filed under this
                    section--
                              (i) an individual may recover the actual
                          damages sustained by the individual or liquidated
                          damages in the amount of $150,000, and the cost of
                          the action, including reasonable attorney's fees
                          and other litigation costs reasonably incurred;
                          and
                              (ii) the court may, in addition to any other
                          relief available at law, order equitable relief,
                          including a temporary restraining order, a
                          preliminary injunction, or a permanent injunction
                          ordering the defendant to cease display or
                          disclosure of the visual depiction.
                        (B) Preservation of anonymity.--In ordering relief
                    under subparagraph (A), the court may grant injunctive

    [[Page 136 STAT. 931]]

                    relief maintaining the confidentiality of a plaintiff
                    using a pseudonym.
                (4) Exceptions.--An identifiable individual may not bring an
            action for relief under this section relating to--
                        (A) an intimate image that is commercial
                    pornographic content, unless that content was produced
                    by force, fraud, misrepresentation, or coercion of the
                    depicted individual;
                        (B) a disclosure made in good faith--
                              (i) to a law enforcement officer or agency;
                              (ii) as part of a legal proceeding;
                              (iii) as part of medical education, diagnosis,
                          or treatment; or
                              (iv) in the reporting or investigation of--
                                        (I) unlawful content; or
                                        (II) unsolicited or unwelcome
                                    conduct;
                        (C) a matter of public concern or public interest;
                    or
                        (D) a disclosure reasonably intended to assist the
                    identifiable individual.
    SEC. 1310. <<NOTE: Choose Respect Act. 36 USC 101 note.>>  CHOOSE
                              RESPECT ACT.

        (a) Short Title.--This section may be cited as the ``Choose Respect
    Act''.
        (b) Designation.--
                (1) In general.--Chapter 1 of title 36, United States Code,
            is amended by adding at the end the following:
    ``Sec. 146. <<NOTE: 36 USC 146.>>  Choose Respect Day

        ``(a) Designation.--October 1 is Choose Respect Day.
        ``(b) Recognition.--All private citizens, organizations, and
    Federal, State, and local governmental and legislative entities are
    encouraged to recognize Choose Respect Day through proclamations,
    activities, and educational efforts in furtherance of changing the
    culture around the tolerance of violence against women.''.
                (2) Technical and conforming amendment.--The table of
            sections for chapter 1 of title 36, United States Code, is
            amended by adding at the end the following:

    ``146. Choose Respect Day.''.

        (c) <<NOTE: 34 USC 20131.>>  Media Campaign.--
                (1) Definitions.--In this subsection:
                        (A) Director.--The term ``Director'' means the
                    Director of the Office on Violence Against Women.
                        (B) National media campaign.--The term ``national
                    media campaign'' means the national ``Choose Respect''
                    media campaign described in paragraph (2).
                (2) Media campaign.--The Director shall, to the extent
            feasible and appropriate, conduct a national ``Choose Respect''
            media campaign in accordance with this section for the purposes
            of--
                        (A) preventing and discouraging violence against
                    women, including domestic violence, dating violence,
                    sexual assault, and stalking by targeting the attitudes,
                    perceptions, and beliefs of individuals who have or are
                    likely to commit such crimes;
                        (B) encouraging victims of the crimes described in
                    subparagraph (A) to seek help through the means
                    determined to be most effective by the most current
                    evidence available, including seeking legal
                    representation; and

    [[Page 136 STAT. 932]]

                        (C) informing the public about the help available to
                    victims of the crimes described in subparagraph (A).
                (3) Use of funds.--
                        (A) In general.--Amounts made available to carry out
                    this section for the national media campaign may only be
                    used for the following:
                              (i) The purchase of media time and space,
                          including the strategic planning for, tracking,
                          and accounting of, such purchases.
                              (ii) Creative and talent costs, consistent
                          with subparagraph (B).
                              (iii) Advertising production costs, which may
                          include television, radio, internet, social media,
                          and other commercial marketing venues.
                              (iv) Testing and evaluation of advertising.
                              (v) Evaluation of the effectiveness of the
                          national media campaign.
                              (vi) Costs of contracts to carry out
                          activities authorized by this subsection.
                              (vii) Partnerships with professional and civic
                          groups, community-based organizations, including
                          faith-based organizations and culturally specific
                          organizations, and government organizations
                          related to the national media campaign.
                              (viii) Entertainment industry outreach,
                          interactive outreach, media projects and
                          activities, public information, news media
                          outreach, corporate sponsorship and participation,
                          and professional sports associations and military
                          branch participation.
                              (ix) Operational and management expenses.
                        (B) Specific requirements.--
                              (i) Creative services.--In using amounts for
                          creative and talent costs under subparagraph (A),
                          the Director shall use creative services donated
                          at no cost to the Government wherever feasible and
                          may only procure creative services for
                          advertising--
                                        (I) responding to high-priority or
                                    emergent campaign needs that cannot
                                    timely be obtained at no cost; or
                                        (II) intended to reach a minority,
                                    ethnic, or other special audience that
                                    cannot reasonably be obtained at no
                                    cost.
                              (ii) Testing and evaluation of advertising.--
                          In using amounts for testing and evaluation of
                          advertising under subparagraph (A)(iv), the
                          Director shall test all advertisements prior to
                          use in the national media campaign to ensure that
                          the advertisements are effective with the target
                          audience and meet industry-accepted
                          standards. <<NOTE: Waiver authority.>>  The
                          Director may waive this requirement for
                          advertisements using not more than 10 percent of
                          the purchase of advertising time purchased under
                          this section in a fiscal year and not more than 10
                          percent of the advertising space purchased under
                          this section in a fiscal year, if the
                          advertisements respond to emergent and time-
                          sensitive campaign needs or the advertisements
                          will not be widely utilized in the national media
                          campaign.

    [[Page 136 STAT. 933]]

                              (iii) Consultation.--For the planning of the
                          campaign under paragraph (2), the Director may
                          consult with--
                                        (I) the Office for Victims of Crime,
                                    the Administration on Children, Youth
                                    and Families, and other related Federal
                                    Government entities;
                                        (II) State, local, and Indian Tribal
                                    governments;
                                        (III) the prevention of domestic
                                    violence, dating violence, sexual
                                    assault, or stalking, including national
                                    and local non-profits; and
                                        (IV) communications professionals.
                              (iv) Evaluation of effectiveness of national
                          media campaign.--In using amounts for the
                          evaluation of the effectiveness of the national
                          media campaign under subparagraph (A)(v), the
                          Attorney General shall--
                                        (I) <<NOTE: Deadline.>>  designate
                                    an independent entity to evaluate by
                                    April 20 of each year the effectiveness
                                    of the national media campaign based on
                                    data from any relevant studies or
                                    publications, as determined by the
                                    Attorney General, including tracking and
                                    evaluation data collected according to
                                    marketing and advertising industry
                                    standards; and
                                        (II) ensure that the effectiveness
                                    of the national media campaign is
                                    evaluated in a manner that enables
                                    consideration of whether the national
                                    media campaign has contributed to
                                    changes in attitude or behaviors among
                                    the target audience with respect to
                                    violence against women and such other
                                    measures of evaluation as the Attorney
                                    General determines are appropriate.
                (4) Advertising.--In carrying out this subsection, the
            Director shall ensure that sufficient funds are allocated to
            meet the stated goals of the national media campaign.
                (5) Responsibilities and functions under the program.--
                        (A) <<NOTE: Determination.>>  In general.--The
                    Director shall determine the overall purposes and
                    strategy of the national media campaign.
                        (B) Director.--
                              (i) <<NOTE: Approvals.>>  In general.--The
                          Director shall approve--
                                        (I) the strategy of the national
                                    media campaign;
                                        (II) all advertising and promotional
                                    material used in the national media
                                    campaign; and
                                        (III) the plan for the purchase of
                                    advertising time and space for the
                                    national media campaign.
                              (ii) Implementation.--The Director shall be
                          responsible for implementing a focused national
                          media campaign to meet the purposes described in
                          paragraph (2) and shall ensure--
                                        (I) information disseminated through
                                    the campaign is accurate and
                                    scientifically valid; and
                                        (II) the campaign is designed using
                                    strategies demonstrated to be the most
                                    effective at achieving

    [[Page 136 STAT. 934]]

                                    the goals and requirements of paragraph
                                    (2), which may include--
                                                (aa) a media campaign, as
                                            described in paragraph (3);
                                                (bb) local, regional, or
                                            population specific messaging;
                                                (cc) the development of
                                            websites to publicize and
                                            disseminate information;
                                                (dd) conducting outreach and
                                            providing educational resources
                                            for women;
                                                (ee) collaborating with law
                                            enforcement agencies; and
                                                (ff) providing support for
                                            school-based public health
                                            education classes to improve
                                            teen knowledge about the effects
                                            of violence against women.
                (6) Prohibitions.--None of the amounts made available under
            paragraph (3) may be obligated or expended for any of the
            following:
                        (A) To supplant current antiviolence against women
                    campaigns by community-based coalitions.
                        (B) To supplant pro bono public service time donated
                    by national and local broadcasting networks for other
                    public service campaigns.
                        (C) For partisan political purposes, or to express
                    advocacy in support of or to defeat any clearly
                    identified candidate, clearly identified ballot
                    initiative, or clearly identified legislative or
                    regulatory proposal.
                        (D) To fund advertising that features any elected
                    officials, persons seeking elected office, cabinet level
                    officials, or other Federal officials employed pursuant
                    to schedule C of subpart C of title 5, Code of Federal
                    Regulations.
                        (E) To fund advertising that does not contain a
                    primary message intended to reduce or prevent violence
                    against women.
                        (F) To fund advertising containing a primary message
                    intended to promote support for the national media
                    campaign or private sector contributions to the national
                    media campaign.
                (7) Financial and performance accountability.--The Director
            shall cause to be performed--
                        (A) audits and reviews of costs of the national
                    media campaign pursuant to section 4706 of title 41,
                    United States Code; and
                        (B) <<NOTE: Determination.>>  an audit to determine
                    whether the costs of the national media campaign are
                    allowable under chapter 43 of title 41, United States
                    Code.
                (8) Report to congress.--The Director shall submit on an
            annual basis a report to Congress that describes--
                        (A) the strategy of the national media campaign and
                    whether specific objectives of the national media
                    campaign were accomplished;
                        (B) steps taken to ensure that the national media
                    campaign operates in an effective and efficient manner
                    consistent with the overall strategy and focus of the
                    national media campaign;
                        (C) plans to purchase advertising time and space;

    [[Page 136 STAT. 935]]

                        (D) policies and practices implemented to ensure
                    that Federal funds are used responsibly to purchase
                    advertising time and space and eliminate the potential
                    for waste, fraud, and abuse;
                        (E) all contracts entered into with a corporation,
                    partnership, or individual working on behalf of the
                    national media campaign;
                        (F) the results of any financial audit of the
                    national media campaign;
                        (G) a description of any evidence used to develop
                    the national media campaign;
                        (H) specific policies and steps implemented to
                    ensure compliance with this subsection;
                        (I) a detailed accounting of the amount of funds
                    obligated during the previous fiscal year for carrying
                    out the national media campaign, including each
                    recipient of funds, the purpose of each expenditure, the
                    amount of each expenditure, any available outcome
                    information, and any other information necessary to
                    provide a complete accounting of the funds expended; and
                        (J) a review and evaluation of the effectiveness of
                    the national media campaign strategy for the previous
                    year.
                (9) <<NOTE: Time period.>>  Authorization of
            appropriations.--There are authorized to be appropriated to the
            Director to carry out this section $5,000,000 for each of fiscal
            years 2023 through 2027, to remain available until expended.
    SEC. 1311. TECHNICAL CORRECTION TO VICTIMS OF CRIME ACT.

        Section 1403(a)(1) of the Victims of Crime Act of 1984 (34 U.S.C.
    20102(a)(1)) is amended by striking ``paragraph (3)'' and inserting
    ``paragraph (4)''.
    SEC. 1312. ELIMINATING THE MARRIAGE DEFENSE TO STATUTORY RAPE.

        Section 2243(c) of title 18, United States Code, is amended--
                (1) in paragraph (1), by striking ``(1) In a'' and inserting
            ``In a''; and
                (2) by striking paragraph (2).
    SEC. 1313. <<NOTE: 34 USC 10112.>>  SENIOR POLICY ADVISOR ON
                              CULTURALLY SPECIFIC COMMUNITIES WITHIN
                              THE OFFICE OF JUSTICE PROGRAMS.

        (a) Establishment; Duties.--There shall be a Senior Policy Advisor
    on Culturally Specific Communities within the Office of Justice Programs
    who shall, under the guidance and authority of the Assistant Attorney
    General of the Office of Justice Programs--
                (1) advise on the administration of grants related to
            culturally specific (as defined in section 40002(a) of the
            Violence Against Women Act of 1994 (34 U.S.C. 12291(a)))
            services and contracts with culturally specific organizations;
                (2) coordinate development of Federal policy, protocols, and
            guidelines on matters relating to domestic violence, dating
            violence, sexual assault, and stalking (as those terms are
            defined in section 40002(a) of the Violence Against Women Act of
            1994 (34 U.S.C. 12291(a)), in culturally specific communities;

    [[Page 136 STAT. 936]]

                (3) advise the Assistant Attorney General for the Office of
            Justice Programs concerning policies, legislation,
            implementation of laws, and other issues relating to domestic
            violence, dating violence, sexual assault, and stalking in
            culturally specific communities;
                (4) provide technical assistance, coordination, and support
            to other offices and bureaus in the Department of Justice to
            develop policy and to enforce Federal laws relating to domestic
            violence, dating violence, sexual assault, and stalking in
            culturally specific communities;
                (5) ensure that appropriate technical assistance, developed
            and provided by entities having expertise in culturally specific
            communities, is made available to grantees and potential
            grantees proposing to serve culturally specific communities; and
                (6) ensure access to grants and technical assistance for
            culturally specific organizations and analyze the distribution
            of funding in order to identify barriers for culturally specific
            organizations.

        (b) Qualifications.--The Senior Policy Advisor on Culturally
    Specific Communities shall be an individual with--
                (1) personal, lived, and work experience from a culturally
            specific community; and
                (2) a demonstrated history of and expertise in addressing
            domestic violence or sexual assault in a nongovernmental agency.

        (c) <<NOTE: Deadline.>>  Initial Appointment.--Not later than 120
    days after the date of enactment of this Act, the Assistant Attorney
    General of the Office of Justice Programs shall appoint an individual as
    Senior Policy Advisor on Culturally Specific Communities.
    SEC. 1314. <<NOTE: 20 USC 1689.>>  TASK FORCE ON SEXUAL VIOLENCE
                              IN EDUCATION.

        (a) <<NOTE: Deadline. Recommenda- tions.>>  Task Force on Sexual
    Violence in Education.--Not later than September 1, 2022, the Secretary
    of Education, the Secretary of Health and Human Services, and the
    Attorney General shall establish a joint interagency task force to be
    known as the ``Task Force on Sexual Violence in Education'' that shall--
                (1) <<NOTE: Public information.>>  provide pertinent
            information to the Secretary of Education, the Attorney General,
            Congress, and the public with respect to campus sexual violence
            prevention, investigations, and responses, including the
            creation of consistent, public complaint processes for
            violations of title IX of the Education Amendments of 1972 (20
            U.S.C. 1681 et seq.) and section 485(f) of the Higher Education
            Act of 1965 (20 U.S.C. 1092(f));
                (2) provide recommendations to educational institutions for
            establishing sexual assault prevention and response teams;
                (3) develop recommendations for educational institutions on
            providing survivor resources, including health care, sexual
            assault kits, sexual assault nurse examiners, culturally
            responsive and inclusive standards of care, trauma-informed
            services, and access to confidential advocacy and support
            services;
                (4) develop recommendations in conjunction with student
            groups for best practices for responses to and prevention of
            sexual violence and dating violence for educational
            institutions, taking into consideration an institution's size
            and resources;

    [[Page 136 STAT. 937]]

                (5) develop recommendations for educational institutions on
            sex education, as appropriate, training for school staff, and
            various equitable discipline models;
                (6) develop recommendations on culturally responsive and
            inclusive approaches to supporting survivors, which include
            consideration of race, ethnicity, national origin, religion,
            immigrant status, lesbian, gay, bisexual, or transgender
            (commonly referred to as ``LGBT'') status, ability, disability,
            socio-economic status, exposure to trauma, and other compounding
            factors;
                (7) solicit periodic input from a diverse group of
            survivors, trauma specialists, advocates from national, State,
            and local anti-sexual violence advocacy organizations,
            institutions of higher education, and other public stakeholders;
                (8) <<NOTE: Assessment.>>  assess the Department of
            Education's ability under section 902 of the Education
            Amendments of 1972 (20 U.S.C. 1682) to levy intermediate fines
            for noncompliance with title IX of the Education Amendments of
            1972 (20 U.S.C. 1681 et seq.) and the advisability of additional
            remedies for such noncompliance, in addition to the remedies
            already available under Federal law; and
                (9) create a plan described in subsection (c).

        (b) Personnel Details.--
                (1) Authority to detail.--Notwithstanding any other
            provision of law, the head of a component of any Federal agency
            for which appropriations are authorized under the Violence
            Against Women Act of 1994 (34 U.S.C. 13925 et seq.), or any
            amendments made by that Act, may detail an officer or employee
            of such component to the Task Force on Sexual Violence in
            Education or to the Secretary of Education to assist the Task
            Force with the duties described in subsection (a), as jointly
            agreed to by the head of such component and the Task Force.
                (2) Terms of detail.--A personnel detail made under
            paragraph (1) may be made--
                        (A) <<NOTE: Time period.>>  for a period of not more
                    than 3 years; and
                        (B) <<NOTE: Reimbursement.>>  on a reimbursable or
                    nonreimbursable basis.

        (c) <<NOTE: Deadline. Recommenda- tions.>>  Additional Plan.--Not
    later than 90 days after the date on which the Task Force on Sexual
    Violence in Education is established under subsection (a), the Task
    Force shall submit to Congress recommendations for recruiting,
    retaining, and training a highly-qualified workforce employed by the
    Department of Education to carry out investigation of complaints
    alleging a violation of title IX of the Education Amendments of 1972 (20
    U.S.C. 1681 et seq.) or section 485(f) of the Higher Education Act of
    1965 (20 U.S.C. 1092(f)), and enforcement of such title IX (20 U.S.C.
    1681 et seq.) or such section 485(f) (20 U.S.C. 1092(f)), with respect
    to sexual violence in education, which shall include--
                (1) <<NOTE: Assessment.>>  an assessment to identify gaps or
            challenges in carrying out such investigation and enforcement,
            which may include surveying the current investigative workforce
            to solicit feedback on areas in need of improvement;
                (2) <<NOTE: Examination.>>  an examination of issues of
            recruiting, retention, and the professional development of the
            current investigative workforce, including the possibility of
            providing retention bonuses or other forms of compensation for
            the purpose of ensuring the Department of Education has the
            capacity, in

    [[Page 136 STAT. 938]]

            both personnel and skills, needed to properly perform its
            mission and provide adequate oversight of educational
            institutions;
                (3) <<NOTE: Assessment.>>  an assessment of the benefits of
            outreach and training with both law enforcement agencies and
            educational institutions with respect to such workforce;
                (4) <<NOTE: Examination.>>  an examination of best practices
            for making educational institutions aware of the most effective
            campus sexual violence prevention, investigation, and response
            practices and identifying areas where more research should be
            conducted; and
                (5) <<NOTE: Strategies.>>  strategies for addressing such
            other matters as the Secretary of Education considers necessary
            to sexual violence prevention, investigation, and responses.

        (d) <<NOTE: Public information.>>  Annual Reporting.--The Task Force
    on Sexual Violence in Education shall submit to Congress, and make
    publicly available, an annual report of its activities and any update of
    the plan required under subsection (c), including--
                (1) the number of complaints received regarding sexual
            violence at educational institutions;
                (2) the number of open investigations of sexual violence at
            educational institutions;
                (3) the number of such complaints that continued to
            resolution;
                (4) the number of such complaints resolved using informal
            resolution;
                (5) the average time to complete such an investigation;
                (6) the number of such investigations initiated based on
            complaints; and
                (7) the number of such investigations initiated by the
            Department of Education.

        (e) Definitions.--In this section:
                (1) Educational institution.--The term ``educational
            institution'' includes an institution of higher education, an
            elementary school, or a secondary school.
                (2) Elementary school; secondary school.--The terms
            ``elementary school'' and ``secondary school'' have the meanings
            given the terms in section 9101 of the Elementary and Secondary
            Education Act of 1965 (20 U.S.C. 7801).
                (3) Institution of higher education.--The term ``institution
            of higher education'' has the meaning given the term in section
            102 of the Higher Education Act of 1965 (20 U.S.C. 1002).
    SEC. 1315. <<NOTE: Bree's Law.>>  BREE'S LAW.

        (a) <<NOTE: 42 USC 201 note.>>  Short Title.--This section may be
    cited as ``Bree's Law''.

        (b) Teen Dating Violence Prevention.--Section 1708 of the Public
    Health Service Act (42 U.S.C. 300u-7) is amended--
                (1) by striking subsection (c) and inserting the following:

        ``(c) Certain Demonstration Projects.--
                ``(1) <<NOTE: Grants.>>  In general.--In carrying out
            subsection (b)(3), the Secretary may make grants to carry out
            demonstration projects for the purpose of improving adolescent
            health, including--
                        ``(A) projects to train health care providers in
                    providing services to adolescents; and
                        ``(B) projects to reduce the incidence of violence
                    among adolescents, particularly violence related to teen
                    dating,

    [[Page 136 STAT. 939]]

                    which shall include projects to develop and implement
                    educational program to increase abuse awareness and
                    prevention.
                ``(2) <<NOTE: Time period.>>  Authorization of
            appropriations.--For the purpose of carrying out paragraph (1),
            there are authorized to be appropriated $8,000,000 for each of
            fiscal years 2023 through 2027.''; and
                (2) by adding at the end the following:

        ``(g) Interagency Work Group.--
                ``(1) Establishment.--The Secretary shall establish the
            Federal Interagency Work Group on Teen Dating Violence (referred
            to in this section as the `Work Group').
                ``(2) In general.--
                        ``(A) <<NOTE: Deadline. Appointments.>>
                    Composition.--Not later than 120 days after the date of
                    enactment of Bree's Law, the Secretary shall appoint
                    representatives to the Work Group from the
                    Administration for Children and Families, the Centers
                    for Disease Control and Prevention, the Health Resources
                    and Services Administration, the Department of
                    Education, the Department of Justice, and other Federal
                    agencies as determined appropriate by the Secretary.
                        ``(B) Consultation.--The Work Group shall consult
                    with--
                              ``(i) experts at the State, Tribal, and local
                          levels with relevant backgrounds in reducing and
                          preventing the incidence of teen dating violence;
                              ``(ii) victims of teen dating violence; and
                              ``(iii) family members of teens who were
                          killed by a dating partner.
                ``(3) Duties.--The Work Group shall--
                        ``(A) examine all Federal efforts directed towards
                    reducing and preventing teen dating violence;
                        ``(B) identify strategies, resources, and supports
                    to improve State, Tribal, and local responses to the
                    incidence of teen dating violence;
                        ``(C) make recommendations to Congress for improving
                    Federal programs and efforts and coordination across
                    such programs and efforts to reduce and prevent teen
                    dating violence; and
                        ``(D) make recommendations for educating middle and
                    high school students on teen dating violence.
                ``(4) <<NOTE: Recommenda- tions.>>  Annual report to
            secretary.--The Work Group shall annually prepare and submit to
            the Secretary, the Committee on Health, Education, Labor, and
            Pensions of the Senate, and the Committee on Education and Labor
            of the House of Representatives, a report on the activities
            carried out by the Work Group under subsection (c), including
            recommendations to reduce and prevent teen dating violence.''.
    SEC. 1316. <<NOTE: Fairness for Rape Kit Backlog Survivors Act of
                              2022. 34 USC 10101 note.>>  FAIRNESS FOR
                              RAPE KIT BACKLOG SURVIVORS ACT OF 2022.

        (a) Short Title.--This section may be cited as the ``Fairness for
    Rape Kit Backlog Survivors Act of 2022''.
        (b) Crime Victim Compensation.--Section 1403(b) of the Victims of
    Crime Act of 1984 (34 U.S.C. 20102(b)) is amended--
                (1) in paragraph (8), by striking ``and'' at the end;
                (2) by redesignating paragraph (9) as paragraph (10); and

    [[Page 136 STAT. 940]]

                (3) by inserting after paragraph (8) the following:
                ``(9) <<NOTE: Deadline.>>  beginning not later than 3 years
            after the date of enactment of this paragraph, such program--
                        ``(A) <<NOTE: Waiver.>>  provides a waiver for any
                    application filing deadline imposed by the program for a
                    crime victim if--
                              ``(i) the crime victim is otherwise eligible
                          for compensation; and
                              ``(ii) the delay in filing the application was
                          a result of a delay in the testing of, or a delay
                          in the DNA profile matching from, a sexual assault
                          forensic examination kit or biological material
                          collected as evidence related to a sexual offense;
                          and
                        ``(B) does not require the crime victim to undergo
                    an appeals process to have the application of the crime
                    victim considered for a filing deadline waiver under
                    subparagraph (A); and''.
    SEC. 1317. <<NOTE: Deadline. Federal Register, publication.>>
                              STUDY RELATING TO STATE ACTIONS TO
                              PROHIBIT AIDING AND ABETTING SEXUAL
                              MISCONDUCT IN SCHOOLS.

        Not later than 30 days after the date of enactment of this Act, the
    Secretary of Education shall publish in the Federal Register the
    findings of the Department of Education's study, as described in the
    notice published in the Federal Register entitled ``Agency Information
    Collection Activities; Comment Request; Study of State Policies to
    Prohibit Aiding and Abetting Sexual Misconduct in Schools'' (84 Fed.
    Reg. 57708 (October 28, 2019)), reviewing State actions to prohibit, in
    accordance with section 8546 of the Elementary and Secondary Education
    Act of 1965 (20 U.S.C. 7926), the aiding and abetting of sexual
    misconduct in schools.
    SEC. 1318. <<NOTE: Supporting Access to Nurse Exams Act. 34 USC
                              10101 note.>>  SUPPORTING ACCESS TO
                              NURSE EXAMS ACT.

        (a) Short Title.--This section may be cited as the ``Supporting
    Access to Nurse Exams Act'' or the ``SANE Act''.
        (b) Definitions.--Section 304 of the DNA Sexual Assault Justice Act
    of 2004 (34 U.S.C. 40723) is amended by striking subsections (a), (b),
    and (c) and inserting the following:
        ``(a) Definitions.--In this section:
                ``(1) Eligible entity.--The term `eligible entity'
            includes--
                        ``(A) a State, Tribal, or local government or
                    hospital;
                        ``(B) a sexual assault examination program,
                    including--
                              ``(i) a SANE program;
                              ``(ii) a SAFE program;
                              ``(iii) a SART program;
                              ``(iv) medical personnel, including a doctor
                          or nurse, involved in treating victims of sexual
                          assault; and
                              ``(v) a victim service provider involved in
                          treating victims of sexual assault;
                        ``(C) a State sexual assault coalition;
                        ``(D) a health care facility, including a hospital
                    that provides sexual assault forensic examinations by a
                    qualified or certified SANE or SAFE;
                        ``(E) a sexual assault examination program that
                    provides SANE or SAFE training; and
                        ``(F) a community-based program that provides sexual
                    assault forensic examinations, including pediatric
                    forensic exams in a multidisciplinary setting, by a
                    qualified or

    [[Page 136 STAT. 941]]

                    certified SANE or SAFE outside of a traditional health
                    care setting.
                ``(2) Health care facility.--The term `health care facility'
            means any State, local, Tribal, community, free, nonprofit,
            academic, or private medical facility, including a hospital,
            that provides emergency medical care to patients.
                ``(3) Medical forensic examination; mfe.--The term `medical
            forensic examination' or `MFE' means an examination of a sexual
            assault patient by a health care provider, who has specialized
            education and clinical experience in the collection of forensic
            evidence and treatment of these patients, which includes--
                        ``(A) gathering information from the patient for the
                    medical forensic history;
                        ``(B) an examination;
                        ``(C) coordinating treatment of injuries,
                    documentation of biological and physical findings, and
                    collection of evidence from the patient;
                        ``(D) documentation of findings;
                        ``(E) providing information, treatment, and
                    referrals for sexually transmitted infections,
                    pregnancy, suicidal ideation, alcohol and substance
                    abuse, and other non-acute medical concerns; and
                        ``(F) providing follow-up as needed to provide
                    additional healing, treatment, or collection of
                    evidence.
                ``(4) Pediatric sane and safe.--The term `pediatric SANE and
            SAFE' means a SANE or SAFE who is trained to conduct sexual
            assault forensic examinations on children and youth between the
            ages of 0 and 18.
                ``(5) Qualified personnel.--The term `qualified personnel'
            includes a registered or advanced practice nurse, physician,
            doctor of osteopathy, or physician assistant who has specialized
            training conducting medical forensic examinations.
                ``(6) Qualified sane and safe training program.--The term
            `qualified SANE and SAFE training program' means a program
            that--
                        ``(A) is qualified to prepare current and future
                    sexual assault nurse examiners to be profession-ready
                    and meet the applicable State and National certification
                    and licensure requirements, through didactic, clinical,
                    preceptor, or capstone programs that include longer-term
                    training;
                        ``(B) provides that preparation under a health care
                    model that uses trauma-informed techniques; and
                        ``(C) is approved as meeting the most recent
                    National Training Standards for Sexual Assault Medical
                    Forensic Examiners.
                ``(7) Rural area.--The term `rural area' has the meaning
            given the term in section 40002 of the Violence Against Women
            Act of 1994 (34 U.S.C. 12291).
                ``(8) Secretary.--The term `Secretary' means the Secretary
            of Health and Human Services.
                ``(9) Sexual assault.--The term `sexual assault' means any
            nonconsensual sexual act or sexual contact proscribed by
            Federal, Tribal, or State law, including when the individual
            lacks capacity to consent.
                ``(10) Sexual assault forensic examiner; safe.--The term
            `sexual assault forensic examiner' or `SAFE' means an

    [[Page 136 STAT. 942]]

            individual who has specialized forensic training in treating
            sexual assault survivors and conducting medical forensic
            examinations.
                ``(11) Sexual assault forensic examination.--The term
            `sexual assault forensic examination' means an examination of a
            sexual assault patient by a health care provider, who has
            specialized education and clinical experience in the collection
            of forensic evidence and treatment of these patients, which
            includes--
                        ``(A) gathering information from the patient for the
                    medical forensic history;
                        ``(B) an examination;
                        ``(C) coordinating treatment of injuries,
                    documentation of biological and physical findings, and
                    collection of evidence from the patient;
                        ``(D) documentation of findings;
                        ``(E) providing information, treatment, and
                    referrals for sexually transmitted infections,
                    pregnancy, suicidal ideation, alcohol and substance
                    abuse, and other non-acute medical concerns; and
                        ``(F) providing follow-up as needed to provide
                    additional healing, treatment, or collection of
                    evidence.
                ``(12) Sexual assault nurse examiner; sane.--The term
            `sexual assault nurse examiner' or `SANE' means a registered or
            advanced practice nurse who has specialized training conducting
            medical forensic examinations.
                ``(13) Sexual assault response team; sart.--The term `sexual
            assault response team' or `SART' means a multidisciplinary team
            that--
                        ``(A) provides a specialized and immediate response
                    to survivors of sexual assault; and
                        ``(B) may include health care personnel, law
                    enforcement representatives, community-based survivor
                    advocates, prosecutors, and forensic scientists.
                ``(14) State.--The term `State' means any State of the
            United States, the District of Columbia, and any territory or
            possession of the United States.
                ``(15) Trauma-informed.--The term `trauma-informed' means,
            with respect to services or training, services or training
            that--
                        ``(A) use a patient-centered approach to providing
                    services or care;
                        ``(B) promote the dignity, strength, and empowerment
                    of patients who have experienced trauma; and
                        ``(C) incorporate evidence-based practices based on
                    knowledge about the impact of trauma on patients' lives.
                ``(16) Underserved populations.--The term `underserved
            populations' has the meaning given the term in section 40002 of
            the Violence Against Women Act of 1994 (34 U.S.C. 12291).''.

        (c) Sexual Assault Nurse Examiner Grants.--Section 304 of the DNA
    Sexual Assault Justice Act of 2004 (34 U.S.C. 40723) is amended by
    inserting after subsection (a), as amended by subsection (b) of this
    section, the following:
        ``(b) Sexual Assault Nurse Examiner Training Program Grants.--

    [[Page 136 STAT. 943]]

                ``(1) <<NOTE: Consultation.>>  Authorization for grants.--
            The Attorney General, in consultation with the Secretary, shall
            make grants to eligible entities for the following purposes:
                        ``(A) To establish qualified regional SANE training
                    programs--
                              ``(i) to provide clinical education for SANE
                          students;
                              ``(ii) to provide salaries for full and part-
                          time SANE instructors, including those
                          specializing in pediatrics and working in a
                          multidisciplinary team setting, to help with the
                          clinical training of SANEs; and
                              ``(iii) to provide access to simulation
                          laboratories and other resources necessary for
                          clinical education.
                        ``(B) To provide full and part time salaries for
                    SANEs and SAFEs, including pediatric SANEs and SAFEs.
                        ``(C) To increase access to SANEs and SAFEs by
                    otherwise providing training, education, or technical
                    assistance relating to the collection, preservation,
                    analysis, and use of DNA samples and DNA evidence by
                    SANEs, SAFEs, and other qualified personnel.
                ``(2) <<NOTE: Certification.>>  Preference for grants.--In
            reviewing applications for grants under this section, the
            Attorney General shall give preference to any eligible entity
            that certifies in the grant application that the entity will
            coordinate with a rape crisis center or the State sexual assault
            coalition to facilitate sexual assault advocacy to support
            sexual assault survivors and use the grant funds to--
                        ``(A) establish qualified SANE training programs in
                    localities with a high volume of forensic trauma cases,
                    including adult and child sexual assault, domestic
                    violence, elder abuse, sex trafficking, and
                    strangulation cases;
                        ``(B) increase the local and regional availability
                    of full and part time sexual assault nurse examiners in
                    a rural area, Tribal area, an area with a health
                    professional shortage, or for an underserved population,
                    including efforts to provide culturally competent
                    services; or
                        ``(C) establish or sustain sexual assault mobile
                    teams or units or otherwise enhance SANE and SAFE access
                    through telehealth.''.

        (d) Directive.--Section 304 of the DNA Sexual Assault Justice Act of
    2004 (34 U.S.C. 40723) is amended--
                (1) by redesignating subsection (d) as subsection (e); and
                (2) by inserting after subsection (b), as added by
            subsection (c) of this section, the following:

        ``(c) Directive to the Attorney General.--
                ``(1) <<NOTE: Deadline. Coordination.>>  In general.--Not
            later than the beginning of fiscal year 2022, the Attorney
            General shall coordinate with the Secretary to inform health
            care facilities, including Federally qualified health centers
            and hospitals, colleges and universities, and other appropriate
            health-related entities about--
                        ``(A) the availability of grant funding under this
                    section; and
                        ``(B) the role of sexual assault nurse examiners,
                    both adult and pediatric, and available resources of the
                    Department of Justice and the Department of Health and
                    Human Services to train or employ sexual assault nurses
                    examiners to address the needs of communities dealing
                    with sexual

    [[Page 136 STAT. 944]]

                    assault, domestic violence, sex trafficking, elder
                    abuse, strangulation, and, in particular, the need for
                    pediatric SANEs, including such nurse examiners working
                    in the multidisciplinary setting, in responding to abuse
                    of both children and adolescents.
                ``(2) Requirement.--In carrying out paragraph (1), the
            Attorney General shall collaborate with nongovernmental
            organizations representing SANEs.

        ``(d) Public Information on Access to Sexual Assault Forensic
    Examinations.--
                ``(1) <<NOTE: Deadline. Consultation. Updates. Website.>>
            In general.--Not later than 2 years after the date of enactment
            of the Supporting Access to Nurse Exams Act, the Attorney
            General, in consultation with the Secretary, shall establish,
            and update annually, a public website on the access to forensic
            nurse examiners.
                ``(2) Contents.--The website required under paragraph (1)
            shall with specificity describe, by State--
                        ``(A) funding opportunities for SANE training and
                    continuing education; and
                        ``(B) the availability of sexual assault advocates
                    at locations providing sexual assault forensic exams.
                ``(3) <<NOTE: Consultation.>>  Report to congress.--Not
            later than 4 years after the date of enactment of the Supporting
            Access to Nurse Exams Act, the Attorney General, in consultation
            with the Secretary, shall submit to the Committee on the
            Judiciary of the Senate, the Committee on Health, Education,
            Labor, and Pensions of the Senate, the Committee on the
            Judiciary of the House of Representatives, and the Committee on
            Energy and Commerce of the House of Representatives a report
            on--
                        ``(A) the availability of, and patient access to,
                    trained SANEs and other providers who perform MFEs or
                    sexual assault forensic examinations;
                        ``(B) the health care facilities, including
                    hospitals or clinics, that offer SANEs and sexual
                    assault forensic examinations and whether each health
                    care facility, including a hospital or clinic, has full-
                    time, part-time, or on-call coverage;
                        ``(C) regional, provider, or other barriers to
                    access for SANE care and services, including MFEs and
                    sexual assault forensic examinations;
                        ``(D) State requirements, minimum standards, and
                    protocols for training SANEs, including trauma-informed
                    and culturally competent training standards;
                        ``(E) State requirements, minimum standards, and
                    protocols for training emergency services personnel
                    involved in MFEs and sexual assault forensic
                    examinations;
                        ``(F) the availability of sexual assault nurse
                    examiner training, frequency of when training is
                    convened, the providers of such training, the State's
                    role in such training, and what process or procedures
                    are in place for continuing education of such examiners;
                        ``(G) the dedicated Federal and State funding to
                    support SANE training;
                        ``(H) funding opportunities for SANE training and
                    continuing education;

    [[Page 136 STAT. 945]]

                        ``(I) the availability of sexual assault advocates
                    at locations providing MFEs and sexual assault forensic
                    exams; and
                        ``(J) the total annual cost of conducting sexual
                    assault forensic exams described in section 2010(b) of
                    title I of the Omnibus Crime Control and Safe Streets
                    Act of 1968 (34 U.S.C. 10449(b)).''.

        (e) Authorization of Appropriations.--Subsection (e) of section 304
    of the DNA Sexual Assault Justice Act of 2004 (34 U.S.C. 40723), as
    redesignated by subsection (d) of this section, is amended to read as
    follows:
        ``(e) <<NOTE: Time period.>>  Authorization of Appropriations.--
    There are authorized to be appropriated $30,000,000 for each of fiscal
    years 2023 through 2027 to carry out this section.''.

                        TITLE XIV--CYBERCRIME ENFORCEMENT

    SEC. 1401. <<NOTE: 34 USC 30107.>>  LOCAL LAW ENFORCEMENT GRANTS
                              FOR ENFORCEMENT OF CYBERCRIMES.

        (a) Definitions.--In this section:
                (1) Computer.--The term ``computer'' includes a computer
            network and an interactive electronic device.
                (2) Cybercrime against individuals.--The term ``cybercrime
            against individuals''--
                        (A) means a criminal offense applicable in the area
                    under the jurisdiction of the relevant State, Indian
                    Tribe, or unit of local government that involves the use
                    of a computer to harass, threaten, stalk, extort,
                    coerce, cause fear to, or intimidate an individual, or
                    without consent distribute intimate images of an adult,
                    except that use of a computer need not be an element of
                    such an offense; and
                        (B) does not include the use of a computer to cause
                    harm to a commercial entity, government agency, or non-
                    natural person.
                (3) Indian tribe; state; tribal government; unit of local
            government.--The terms ``Indian Tribe'', ``State'', ``Tribal
            government'', and ``unit of local government'' have the meanings
            given such terms in section 40002(a) of the Violence Against
            Women Act of 1994 (34 U.S.C. 12291(a)), as amended by this Act.

        (b) Authorization of Grant Program.--Subject to the availability of
    appropriations, the Attorney General shall award grants under this
    section to States, Indian Tribes, and units of local government for the
    prevention, enforcement, and prosecution of cybercrimes against
    individuals.
        (c) Application.--
                (1) <<NOTE: Deadline.>>  In general.--To request a grant
            under this section, the chief executive officer of a State,
            Tribal government, or unit of local government shall submit an
            application to the Attorney General not later than 90 days after
            the date on which funds to carry out this section are
            appropriated for a fiscal year, in such form as the Attorney
            General may require.
                (2) Contents.--An application submitted under paragraph (1)
            shall include the following:

    [[Page 136 STAT. 946]]

                        (A) <<NOTE: Certification.>>  A certification that
                    Federal funds made available under this section will not
                    be used to supplant State, Tribal, or local funds, but
                    will be used to increase the amounts of such funds that
                    would, in the absence of Federal funds, be made
                    available for law enforcement activities.
                        (B) <<NOTE: Deadline.>>  An assurance that, not
                    later than 30 days before the application (or any
                    amendment to the application) was submitted to the
                    Attorney General, the application (or amendment) was
                    submitted for review to the governing body of the State,
                    Tribe, or unit of local government (or to an
                    organization designated by that governing body).
                        (C) An assurance that, before the application (or
                    any amendment to the application) was submitted to the
                    Attorney General--
                              (i) <<NOTE: Public information.>>  the
                          application (or amendment) was made public; and
                              (ii) <<NOTE: Public comment.>>  an opportunity
                          to comment on the application (or amendment) was
                          provided to citizens, to neighborhood or
                          community-based organizations, and to victim
                          service providers, to the extent applicable law or
                          established procedure makes such an opportunity
                          available;
                        (D) <<NOTE: Data. Records.>>  An assurance that, for
                    each fiscal year covered by an application, the
                    applicant shall maintain and report such data, records,
                    and information (programmatic and financial) as the
                    Attorney General may reasonably require.
                        (E) <<NOTE: Certification. Regulations.>>  A
                    certification, made in a form acceptable to the Attorney
                    General and executed by the chief executive officer of
                    the applicant (or by another officer of the applicant,
                    if qualified under regulations promulgated by the
                    Attorney General), that--
                              (i) the programs to be funded by the grant
                          meet all the requirements of this section;
                              (ii) all the information contained in the
                          application is correct;
                              (iii) there has been appropriate coordination
                          with affected agencies; and
                              (iv) <<NOTE: Compliance.>>  the applicant will
                          comply with all provisions of this section and all
                          other applicable Federal laws.
                        (F) <<NOTE: Certification.>>  A certification that
                    the State, Tribe, or in the case of a unit of local
                    government, the State in which the unit of local
                    government is located, has in effect criminal laws which
                    prohibit cybercrimes against individuals.
                        (G) <<NOTE: Certification.>>  A certification that
                    any equipment described in subsection (d)(8) purchased
                    using grant funds awarded under this section will be
                    used primarily for investigations and forensic analysis
                    of evidence in matters involving cybercrimes against
                    individuals.

        (d) Use of Funds.--Grants awarded under this section may be used
    only for programs that provide--
                (1) training for State, Tribal, or local law enforcement
            personnel relating to cybercrimes against individuals,
            including--
                        (A) training such personnel to identify and protect
                    victims of cybercrimes against individuals, provided
                    that the training is developed in collaboration with
                    victim service providers;

    [[Page 136 STAT. 947]]

                        (B) training such personnel to utilize Federal,
                    State, Tribal, local, and other resources to assist
                    victims of cybercrimes against individuals;
                        (C) training such personnel to identify and
                    investigate cybercrimes against individuals;
                        (D) training such personnel to enforce and utilize
                    the laws that prohibit cybercrimes against individuals;
                        (E) training such personnel to utilize technology to
                    assist in the investigation of cybercrimes against
                    individuals and enforcement of laws that prohibit such
                    crimes; and
                        (F) the payment of overtime incurred as a result of
                    such training;
                (2) training for State, Tribal, or local prosecutors,
            judges, and judicial personnel relating to cybercrimes against
            individuals, including--
                        (A) training such personnel to identify,
                    investigate, prosecute, or adjudicate cybercrimes
                    against individuals;
                        (B) training such personnel to utilize laws that
                    prohibit cybercrimes against individuals;
                        (C) training such personnel to utilize Federal,
                    State, Tribal, local, and other resources to assist
                    victims of cybercrimes against individuals; and
                        (D) training such personnel to utilize technology to
                    assist in the prosecution or adjudication of acts of
                    cybercrimes against individuals, including the use of
                    technology to protect victims of such crimes;
                (3) training for State, Tribal, or local emergency dispatch
            personnel relating to cybercrimes against individuals,
            including--
                        (A) training such personnel to identify and protect
                    victims of cybercrimes against individuals;
                        (B) training such personnel to utilize Federal,
                    State, Tribal, local, and other resources to assist
                    victims of cybercrimes against individuals;
                        (C) training such personnel to utilize technology to
                    assist in the identification of and response to
                    cybercrimes against individuals; and
                        (D) the payment of overtime incurred as a result of
                    such training;
                (4) assistance to State, Tribal, or local law enforcement
            agencies in enforcing laws that prohibit cybercrimes against
            individuals, including expenses incurred in performing
            enforcement operations, such as overtime payments;
                (5) assistance to State, Tribal, or local law enforcement
            agencies in educating the public in order to prevent, deter, and
            identify violations of laws that prohibit cybercrimes against
            individuals;
                (6) assistance to State, Tribal, or local law enforcement
            agencies to support the placement of victim assistants to serve
            as liaisons between victims of cybercrimes against individuals
            and personnel of law enforcement agencies;
                (7) assistance to State, Tribal, or local law enforcement
            agencies to establish task forces that operate solely to conduct
            investigations, forensic analyses of evidence, and prosecutions
            in matters involving cybercrimes against individuals;

    [[Page 136 STAT. 948]]

                (8) assistance to State, Tribal, or local law enforcement
            agencies and prosecutors in acquiring computers, computer
            equipment, and other equipment necessary to conduct
            investigations and forensic analysis of evidence in matters
            involving cybercrimes against individuals, including expenses
            incurred in the training, maintenance, or acquisition of
            technical updates necessary for the use of such equipment for
            the duration of a reasonable period of use of such equipment;
                (9) assistance in the facilitation and promotion of sharing,
            with State, Tribal, and local law enforcement agencies and
            prosecutors, of the expertise and information of Federal law
            enforcement agencies about the investigation, analysis, and
            prosecution of matters involving laws that prohibit cybercrimes
            against individuals, including the use of multijurisdictional
            task forces; or
                (10) assistance to State, Tribal, and local law enforcement
            and prosecutors in processing interstate extradition requests
            for violations of laws involving cybercrimes against
            individuals, including expenses incurred in the extradition of
            an offender from one State to another.

        (e) <<NOTE: Time period.>>  Reports to the Attorney General.--On the
    date that is 1 year after the date on which a State, Indian Tribe, or
    unit of local government receives a grant under this section, and
    annually thereafter, the chief executive officer of the State, Tribal
    government, or unit of local government shall submit to the Attorney
    General a report which contains--
                (1) <<NOTE: Summary.>>  a summary of the activities carried
            out during the previous year with any grant received under this
            section by such State, Indian Tribe, or unit of local
            government;
                (2) <<NOTE: Evaluation.>>  an evaluation of the results of
            such activities; and
                (3) such other information as the Attorney General may
            reasonably require.

        (f) <<NOTE: Time periods.>>  Reports to Congress.--Not later than
    November 1 of each even-numbered fiscal year, the Attorney General shall
    submit to the Committee on the Judiciary of the House of Representatives
    and the Committee on the Judiciary of the Senate a report that contains
    a compilation of the information contained in the reports submitted
    under subsection (e).

        (g) Authorization of Appropriations.--
                (1) <<NOTE: Time period.>>  In general.--There are
            authorized to be appropriated to carry out this section
            $10,000,000 for each of fiscal years 2023 through 2027.
                (2) Limitation.--Of the amount made available under
            paragraph (1) in any fiscal year, not more than 5 percent may be
            used for evaluation, monitoring, technical assistance, salaries,
            and administrative expenses.
    SEC. 1402. <<NOTE: 34 USC 30108.>>  NATIONAL RESOURCE CENTER
                              GRANT.

        (a) Definitions.--In this section:
                (1) Cybercrime against individuals.--The term ``cybercrime
            against individuals'' has the meaning given such term in section
            1401.
                (2) Eligible entity.--The term ``eligible entity'' means a
            nonprofit private organization that--
                        (A) focuses on cybercrimes against individuals;

    [[Page 136 STAT. 949]]

                        (B) provides documentation to the Attorney General
                    demonstrating experience working directly on issues of
                    cybercrimes against individuals; and
                        (C) includes on the organization's advisory board
                    representatives who--
                              (i) have a documented history of working
                          directly on issues of cybercrimes against
                          individuals;
                              (ii) have a history of working directly with
                          victims of cybercrimes against individuals; and
                              (iii) are geographically and culturally
                          diverse.

        (b) Authorization of Grant Program.--Subject to the availability of
    appropriations, the Attorney General shall award a grant under this
    section to an eligible entity for the purpose of the establishment and
    maintenance of a National Resource Center on Cybercrimes Against
    Individuals to provide resource information, training, and technical
    assistance to improve the capacity of individuals, organizations,
    governmental entities, and communities to prevent, enforce, and
    prosecute cybercrimes against individuals.
        (c) Application.--
                (1) <<NOTE: Deadline.>>  In general.--To request a grant
            under this section, an eligible entity shall submit an
            application to the Attorney General not later than 90 days after
            the date on which funds to carry out this section are
            appropriated for fiscal year 2022 in such form as the Attorney
            General may require.
                (2) Contents.--An application submitted under paragraph (1)
            shall include the following:
                        (A) An assurance that, for each fiscal year covered
                    by the application, the applicant will maintain and
                    report such data, records, and information (programmatic
                    and financial) as the Attorney General may reasonably
                    require.
                        (B) <<NOTE: Certification.>>  A certification, made
                    in a form acceptable to the Attorney General, that--
                              (i) the programs funded by the grant meet all
                          the requirements of this section;
                              (ii) all the information contained in the
                          application is correct; and
                              (iii) <<NOTE: Compliance.>>  the applicant
                          will comply with all provisions of this section
                          and all other applicable Federal laws.

        (d) <<NOTE: Establishment.>>  Use of Funds.--The eligible entity
    awarded a grant under this section shall use such amounts for the
    establishment and maintenance of a National Resource Center on
    Cybercrimes Against Individuals, which shall--
                (1) offer a comprehensive array of technical assistance and
            training resources to Federal, State, and local governmental
            agencies, community-based organizations, and other professionals
            and interested parties related to cybercrimes against
            individuals, including programs and research related to victims;
                (2) maintain a resource library which shall collect,
            prepare, analyze, and disseminate information and statistics
            related to--
                        (A) the incidence of cybercrimes against
                    individuals;
                        (B) the enforcement and prosecution of laws relating
                    to cybercrimes against individuals; and
                        (C) the provision of supportive services and
                    resources for victims, including victims from
                    underserved populations, of cybercrimes against
                    individuals; and
                (3) conduct research related to--
                        (A) the causes of cybercrimes against individuals;

    [[Page 136 STAT. 950]]

                        (B) the effect of cybercrimes against individuals on
                    victims of such crimes; and
                        (C) model solutions to prevent or deter cybercrimes
                    against individuals or to enforce the laws relating to
                    cybercrimes against individuals.

        (e) Duration of Grant.--
                (1) In general.--A grant awarded under this section shall be
            awarded for a period of 5 years.
                (2) Renewal.--A grant under this section may be renewed for
            additional 5-year periods if the Attorney General determines
            that the funds made available to the recipient were used in a
            manner described in subsection (d), and if the recipient
            resubmits an application described in subsection (c) in such
            form, and at such time, as the Attorney General may reasonably
            require.

        (f) Subgrants.--The eligible entity awarded a grant under this
    section may make subgrants to other nonprofit private organizations with
    relevant subject matter expertise in order to establish and maintain the
    National Resource Center on Cybercrimes Against Individuals in
    accordance with subsection (d).
        (g) <<NOTE: Time period.>>  Reports to the Attorney General.--On the
    date that is 1 year after the date on which an eligible entity receives
    a grant under this section, and annually thereafter for the duration of
    the grant period, the entity shall submit to the Attorney General a
    report which contains--
                (1) <<NOTE: Summary.>>  a summary of the activities carried
            out under the grant program during the previous year;
                (2) <<NOTE: Evaluation.>>  an evaluation of the results of
            such activities; and
                (3) such other information as the Attorney General may
            reasonably require.

        (h) <<NOTE: Time periods.>>  Reports to Congress.--Not later than
    November 1 of each even-numbered fiscal year, the Attorney General shall
    submit to the Committee on the Judiciary of the House of Representatives
    and the Committee on the Judiciary of the Senate a report that contains
    a compilation of the information contained in the reports submitted
    under subsection (g).

        (i) <<NOTE: Time period.>>  Authorization of Appropriations.--There
    are authorized to be appropriated to carry out this section $4,000,000
    for each of fiscal years 2023 through 2027.
    SEC. 1403. <<NOTE: 34 USC 30109.>>  NATIONAL STRATEGY,
                              CLASSIFICATION, AND REPORTING ON
                              CYBERCRIME.

        (a) Definitions.--In this section:
                (1) Computer.--The term ``computer'' includes a computer
            network and any interactive electronic device.
                (2) Cybercrime against individuals.--The term ``cybercrime
            against individuals'' has the meaning given the term in section
            1401.

        (b) National Strategy.--The Attorney General shall develop a
    national strategy to--
                (1) reduce the incidence of cybercrimes against individuals;
                (2) <<NOTE: Coordination.>>  coordinate investigations of
            cybercrimes against individuals by Federal law enforcement
            agencies;
                (3) increase the number of Federal prosecutions of
            cybercrimes against individuals; and

    [[Page 136 STAT. 951]]

                (4) <<NOTE: Evaluation.>>  develop an evaluation process
            that measures rates of cybercrime victimization and
            prosecutorial rates among Tribal and culturally specific
            communities.

        (c) Classification of Cybercrimes Against Individuals for Purposes
    of Crime Reports.--In accordance with the authority of the Attorney
    General under section 534 of title 28, United States Code, the Director
    of the Federal Bureau of Investigation shall--
                (1) design and create within the Uniform Crime Reports a
            category for offenses that constitute cybercrimes against
            individuals;
                (2) to the extent feasible, within the category established
            under paragraph (1), establish subcategories for each type of
            cybercrime against individuals that is an offense under Federal
            or State law;
                (3) classify the category established under paragraph (1) as
            a Part I crime in the Uniform Crime Reports; and
                (4) classify each type of cybercrime against individuals
            that is an offense under Federal or State law as a Group A
            offense for the purpose of the National Incident-Based Reporting
            System.

        (d) <<NOTE: Publication. Evaluation.>>  Annual Summary.--The
    Attorney General shall publish an annual summary of the information
    reported in the Uniform Crime Reports and the National Incident-Based
    Reporting System relating to cybercrimes against individuals, including
    an evaluation of the implementation process for the national strategy
    developed under subsection (b) and outcome measurements on its impact on
    Tribal and culturally specific communities.

      TITLE XV--KEEPING <<NOTE: Keeping Children Safe From Family Violence
    Act. Courts. 34 USC 10101 note.>>  CHILDREN SAFE FROM FAMILY VIOLENCE
    SEC. 1501. SHORT TITLE.

        This title may be cited as the ``Keeping Children Safe From Family
    Violence Act'' or ``Kayden's Law''.
    SEC. 1502. <<NOTE: 34 USC 10446 note.>>  FINDINGS.

        Congress finds the following:
                (1) Approximately 1 in 15 children is exposed to domestic
            violence each year.
                (2) Most child abuse is perpetrated in the family and by a
            parent. Intimate partner violence and child abuse overlap in the
            same families at rates between 30 and 60 percent. A child's risk
            of abuse increases after a perpetrator of intimate partner
            violence separates from a domestic partner, even when the
            perpetrator has not previously directly abused the child.
            Children who have witnessed intimate partner violence are
            approximately 4 times more likely to experience direct child
            maltreatment than children who have not witnessed intimate
            partner violence.
                (3) More than 75 percent of child sexual abuse is
            perpetrated by a family member or a person known to the child.
            Data of the Department of Justice shows that family members are
            49 percent, or almost half, of the perpetrators of crimes
            against child sex assault victims younger than 6 years of age.
                (4) Research suggests a child's exposure to a batterer is
            among the strongest indicators of risk of incest victimization.

    [[Page 136 STAT. 952]]

            One study found that female children with fathers who are
            batterers of their mothers were 6.5 times more likely to
            experience father-daughter incest than female children who do
            not have abusive fathers.
                (5) Child abuse is a major public health issue in the United
            States. Total lifetime financial costs associated with just 1
            year of confirmed cases of child maltreatment, including child
            physical abuse, sexual abuse, psychological abuse, and neglect,
            result in $124,000,000,000 in annual costs to the economy of the
            United States, or approximately 1 percent of the gross domestic
            product of the United States.
                (6) Empirical research indicates that courts regularly
            discount allegations of child physical and sexual abuse when
            those allegations are raised in child custody cases. Courts
            believed less than \1/4\ of claims that a father has committed
            child physical or sexual abuse. With respect to cases in which
            an allegedly abusive parent claimed the mother ``alienated'' the
            child, courts believed only 1 out of 51 claims of sexual
            molestation by a father. Independent research indicates that
            child sexual abuse allegations are credible between 50 and 70
            percent of the time.
                (7) Empirical research shows that alleged or known abusive
            parents are often granted custody or unprotected parenting time
            by courts. Approximately \1/3\ of parents alleged to have
            committed child abuse took primary custody from the protective
            parent reporting the abuse, placing children at ongoing risk.
                (8) Researchers have documented nearly 800 child murders in
            the United States since 2008 committed by a divorcing or
            separating parent. More than 100 of these child murders are
            known to have occurred after a court ordered the child to have
            contact with the dangerous parent over the objection of a safe
            parent or caregiver.
                (9) Scientifically unsound theories that treat abuse
            allegations of mothers as likely false attempts to undermine
            fathers are frequently applied in family court to minimize or
            deny reports of abuse of parents and children. Many experts who
            testify against abuse allegations lack expertise in the relevant
            type of alleged abuse, relying instead on unsound and unproven
            theories.
                (10) Judges presiding over custody cases involving
            allegations of child abuse, child sexual abuse, and domestic
            violence are rarely required to receive training on these
            subjects, and most States have not established standards for
            such training.
    SEC. 1503. <<NOTE: 34 USC 10446 note.>>  PURPOSES.

        The purposes of this title are to--
                (1) increase the priority given to child safety in any State
            court divorce, separation, visitation, paternity, child support,
            civil protection order, or family custody court proceeding
            affecting the custody and care of children, excluding child
            protective, abuse, or neglect proceedings and juvenile justice
            proceedings;
                (2) strengthen the abilities of courts to--
                        (A) recognize and adjudicate domestic violence and
                    child abuse allegations based on valid, admissible
                    evidence; and
                        (B) enter orders that protect and minimize the risk
                    of harm to children; and

    [[Page 136 STAT. 953]]

                (3) ensure that professional personnel involved in cases
            containing domestic violence or child abuse allegations receive
            trauma-informed and culturally appropriate training on the
            dynamics, signs, and impact of domestic violence and child
            abuse, including child sexual abuse.
    SEC. 1504. INCREASED FUNDING FOR STOP GRANTS.

        Section 2007 of title I of the Omnibus Crime Control and Safe
    Streets Act of 1968 (34 U.S.C. 10446) is amended by adding at the end
    the following:
        ``(k) Grant Increases for States With Certain Child Custody
    Proceeding Laws and Standards.--
                ``(1) Definitions.--In this subsection:
                        ``(A) Child custody proceeding.--The term `child
                    custody proceeding'--
                              ``(i) means a private family court proceeding
                          in State or local court that, with respect to a
                          child, involves the care or custody of the child
                          in a private divorce, separation, visitation,
                          paternity, child support, legal or physical
                          custody, or civil protection order proceeding
                          between the parents of the child; and
                              ``(ii) does not include--
                                        ``(I) any child protective, abuse,
                                    or neglect proceeding;
                                        ``(II) a juvenile justice
                                    proceeding; or
                                        ``(III) any child placement
                                    proceeding in which a State, local, or
                                    Tribal government, a designee of such a
                                    government, or any contracted child
                                    welfare agency or child protective
                                    services agency of such a government is
                                    a party to the proceeding.
                        ``(B) Eligible state.--The term `eligible State'
                    means a State that--
                              ``(i) receives a grant under subsection (a);
                          and
                              ``(ii) has in effect--
                                        ``(I) each law described in
                                    paragraph (3);
                                        ``(II) the standards described in
                                    paragraph (4); and
                                        ``(III) the training program
                                    described in paragraph (5).
                        ``(C) Reunification treatment.--The term
                    `reunification treatment' means a treatment or therapy
                    aimed at reuniting or reestablishing a relationship
                    between a child and an estranged or rejected parent or
                    other family member of the child.
                ``(2) Increase.--
                        ``(A) In general.--The Attorney General shall
                    increase the amount of a grant awarded under subsection
                    (a) to an eligible State that submits an application
                    under paragraph (6) by an amount that is not more than
                    10 percent of the average of the total amount of funding
                    provided to the State under subsection (a) under the 3
                    most recent awards to the State.
                        ``(B) Term of increase.--An increase of a grant
                    under subparagraph (A) shall be for 1 fiscal year.
                        ``(C) Renewal.--An eligible State that receives an
                    increase under subparagraph (A) may submit an
                    application for renewal of the increase at such time, in
                    such

    [[Page 136 STAT. 954]]

                    manner, and containing such information as the Attorney
                    General may reasonably require.
                        ``(D) <<NOTE: Time period.>>  Limit.--An eligible
                    State may not receive an increase under subparagraph (A)
                    for more than 4 fiscal years.
                ``(3) Laws.--The laws described in this paragraph are the
            following:
                        ``(A) A law that ensures that, with respect to a
                    child custody proceeding in which a parent has been
                    alleged to have committed domestic violence or child
                    abuse, including child sexual abuse--
                              ``(i) expert evidence from a court-appointed
                          or outside professional relating to the alleged
                          abuse may be admitted only if the professional
                          possesses demonstrated expertise and clinical
                          experience in working with victims of domestic
                          violence or child abuse, including child sexual
                          abuse, that is not solely of a forensic nature;
                          and
                              ``(ii) in making a finding regarding any
                          allegation of domestic violence or child abuse,
                          including child sexual abuse, in addition to any
                          other relevant admissible evidence, evidence of
                          past sexual or physical abuse committed by the
                          accused parent shall be considered, including--
                                        ``(I) any past or current protection
                                    or restraining orders against the
                                    accused parent;
                                        ``(II) sexual violence abuse
                                    protection orders against the accused
                                    parent;
                                        ``(III) arrests of the accused
                                    parent for domestic violence, sexual
                                    violence, or child abuse; or
                                        ``(IV) convictions of the accused
                                    parent for domestic violence, sexual
                                    violence, or child abuse.
                        ``(B) A law that ensures that, during a child
                    custody proceeding--
                              ``(i) a court may not, solely in order to
                          improve a deficient relationship with the other
                          parent of a child, remove the child from a parent
                          or litigating party--
                                        ``(I) who is competent, protective,
                                    and not physically or sexually abusive;
                                    and
                                        ``(II) with whom the child is bonded
                                    or to whom the child is attached;
                              ``(ii) a court may not, solely in order to
                          improve a deficient relationship with the other
                          parent of a child, restrict contact between the
                          child and a parent or litigating party--
                                        ``(I) who is competent, protective,
                                    and not physically or sexually abusive;
                                    and
                                        ``(II) with whom the child is bonded
                                    or to whom the child is attached;
                              ``(iii) a court may not order a reunification
                          treatment, unless there is generally accepted and
                          scientifically valid proof of the safety,
                          effectiveness, and therapeutic value of the
                          reunification treatment;
                              ``(iv) a court may not order a reunification
                          treatment that is predicated on cutting off a
                          child from

    [[Page 136 STAT. 955]]

                          a parent with whom the child is bonded or to whom
                          the child is attached; and
                              ``(v) any order to remediate the resistance of
                          a child to have contact with a violent or abusive
                          parent primarily addresses the behavior of that
                          parent or the contributions of that parent to the
                          resistance of the child before ordering the other
                          parent of the child to take steps to potentially
                          improve the relationship of the child with the
                          parent with whom the child resists contact.
                        ``(C) A law that requires judges and magistrates who
                    hear child custody proceedings and other relevant court
                    personnel involved in child custody proceedings,
                    including guardians ad litem, best interest attorneys,
                    counsel for children, custody evaluators, masters, and
                    mediators to complete, with respect to the training
                    program described in paragraph (5)--
                              ``(i) not less than 20 hours of initial
                          training; and
                              ``(ii) <<NOTE: Time period.>>  not less than
                          15 hours of ongoing training every 5 years.
                ``(4) Uniform required standards.--The standards described
            in this paragraph are uniform required standards that--
                        ``(A) <<NOTE: Applicability.>>  apply to any neutral
                    professional appointed by a court during a child custody
                    proceeding to express an opinion relating to abuse,
                    trauma, or the behaviors of victims and perpetrators of
                    abuse and trauma; and
                        ``(B) <<NOTE: Requirement.>>  require that a
                    professional described in subparagraph (A) possess
                    demonstrated expertise and clinical experience in
                    working with victims of domestic violence or child
                    abuse, including child sexual abuse, that is not solely
                    of a forensic nature.
                ``(5) Training and education program.--The training program
            described in this paragraph is an ongoing training and education
            program that--
                        ``(A) focuses solely on domestic and sexual violence
                    and child abuse, including--
                              ``(i) child sexual abuse;
                              ``(ii) physical abuse;
                              ``(iii) emotional abuse;
                              ``(iv) coercive control;
                              ``(v) implicit and explicit bias, including
                          biases relating to parents with disabilities;
                              ``(vi) trauma;
                              ``(vii) long- and short-term impacts of
                          domestic violence and child abuse on children; and
                              ``(viii) victim and perpetrator behavior
                          patterns and relationship dynamics within the
                          cycle of violence;
                        ``(B) is provided by--
                              ``(i) a professional with substantial
                          experience in assisting survivors of domestic
                          violence or child abuse, including a victim
                          service provider (as defined in section 40002 of
                          the Violence Against Women Act of 1994 (34 U.S.C.
                          12291)); and
                              ``(ii) if possible, a survivor of domestic
                          violence or child physical or sexual abuse;

    [[Page 136 STAT. 956]]

                        ``(C) relies on evidence-based and peer-reviewed
                    research by recognized experts in the types of abuse
                    described in subparagraph (A);
                        ``(D) does not include theories, concepts, or belief
                    systems unsupported by the research described in
                    subparagraph (C); and
                        ``(E) is designed to improve the ability of courts
                    to--
                              ``(i) recognize and respond to child physical
                          abuse, child sexual abuse, domestic violence, and
                          trauma in all family victims, particularly
                          children; and
                              ``(ii) make appropriate custody decisions
                          that--
                                        ``(I) prioritize child safety and
                                    well-being; and
                                        ``(II) are culturally sensitive and
                                    appropriate for diverse communities.
                ``(6) Application.--
                        ``(A) In general.--An eligible State desiring a
                    grant increase under this subsection shall submit an
                    application to the Attorney General at such time, in
                    such manner, and containing such information as the
                    Attorney General may reasonably require.
                        ``(B) Contents.--An application submitted by an
                    eligible State under subparagraph (A) shall include
                    information relating to--
                              ``(i) the laws described paragraph (3);
                              ``(ii) the standards described in paragraph
                          (4); and
                              ``(iii) the training program described in
                          paragraph (5).
                ``(7) Use of funds.--An eligible State that receives a grant
            increase under paragraph (2)(A) shall use the total amount of
            the increase for the purposes described in subparagraph (C) or
            (D) of subsection (c)(4).
                ``(8) Rule of construction.--Nothing in this subsection
            shall be interpreted as discouraging States from adopting
            additional provisions to increase safe outcomes for children.
            Additional protective provisions are encouraged.
                ``(9) <<NOTE: Time period.>>  Authorization of
            appropriations.--There are authorized to be appropriated to
            carry out this subsection $5,000,000 for each of fiscal years
            2023 through 2027.''.
    SEC. 1505. SEXUAL ASSAULT SURVIVORS' RIGHTS.

        Section 3772(a)(2) of title 18, United States Code, is amended--
                (1) in subparagraph (B), by striking ``; and'' and inserting
            a semicolon;
                (2) in subparagraph (C), by striking the period at the end
            and inserting ``; and''; and
                (3) by adding at the end the following new subparagraph:
                        ``(D) be informed of the status and location of a
                    sexual assault evidence collection kit.''.
    SEC. 1506. GRANTS TO STATE AND TRIBAL COURTS TO IMPLEMENT
                              PROTECTION ORDER PILOT PROGRAMS.

        Part U of title I of the Omnibus Crime Control and Safe Streets Act
    of 1968 (34 U.S.C. 10461 et seq.) is amended--
                (1) by redesignating sections 2103, 2104, and
            2105 <<NOTE: 34 USC 10463-10465.>>  as sections 2104, 2105, and
            2106, respectively; and
                (2) by inserting after section 2102 the following:

    [[Page 136 STAT. 957]]

    ``SEC. 2103. <<NOTE: 34 USC 10462a.>>  GRANTS TO STATE AND TRIBAL
                              COURTS TO IMPLEMENT PROTECTION ORDER
                              PILOT PROGRAMS.

        ``(a) Definition of Eligible Entity.--In this section, the term
    `eligible entity' means a State or Tribal court that is part of a
    multidisciplinary partnership that includes, to the extent practicable--
                ``(1) a State, Tribal, or local law enforcement agency;
                ``(2) a State, Tribal, or local prosecutor's office;
                ``(3) a victim service provider or State or Tribal domestic
            violence coalition;
                ``(4) a provider of culturally specific services;
                ``(5) a nonprofit program or government agency with
            demonstrated experience in providing legal assistance or legal
            advice to victims of domestic violence and sexual assault;
                ``(6) the bar association of the applicable State or Indian
            Tribe;
                ``(7) the State or Tribal association of court clerks;
                ``(8) a State, Tribal, or local association of criminal
            defense attorneys;
                ``(9) not fewer than 2 individuals with expertise in the
            design and management of court case management systems and
            systems of integration;
                ``(10) not fewer than 2 State or Tribal court judges with
            experience in--
                        ``(A) the field of domestic violence; and
                        ``(B) issuing protective orders; and
                ``(11) a judge assigned to the criminal docket of the State
            or Tribal court.

        ``(b) Grants Authorized.--
                ``(1) In general.--The Attorney General shall make grants to
            eligible entities to carry out the activities described in
            subsection (c) of this section.
                ``(2) Number.--The Attorney General may award not more than
            10 grants under paragraph (1).
                ``(3) Amount.--The amount of a grant awarded under paragraph
            (1) may be not more than $1,500,000.

        ``(c) Mandatory Activities.--
                ``(1) In general.--An eligible entity that receives a grant
            under this section shall use the grant funds, in consultation
            with the partners of the eligible entity described in subsection
            (a), to--
                        ``(A) develop and implement a program for properly
                    and legally serving protection orders through electronic
                    communication methods to--
                              ``(i) modernize the service process and make
                          the process more effective and efficient;
                              ``(ii) provide for improved safety of victims;
                          and
                              ``(iii) make protection orders enforceable as
                          quickly as possible;
                        ``(B) develop best practices relating to the service
                    of protection orders through electronic communication
                    methods;
                        ``(C) ensure that the program developed under
                    subparagraph (A) complies with due process requirements
                    and any other procedures required by law or by a court;
                    and
                        ``(D) implement any technology necessary to carry
                    out the program developed under subparagraph (A), such
                    as

    [[Page 136 STAT. 958]]

                    technology to verify and track the receipt of a
                    protection order by the intended party.
                ``(2) Timeline.--An eligible entity that receives a grant
            under this section shall--
                        ``(A) <<NOTE: Deadline.>>  implement the program
                    required under paragraph (1)(A) not later than 2 years
                    after the date on which the eligible entity receives the
                    grant; and
                        ``(B) <<NOTE: Time period.>>  carry out the program
                    required under paragraph (1)(A) for not fewer than 3
                    years.

        ``(d) Diversity of Recipients.--The Attorney General shall award
    grants under this section to eligible entities in a variety of areas and
    situations, including, to the extent practicable--
                ``(1) a State court that serves a population of not fewer
            than 1,000,000 individuals;
                ``(2) a State court that--
                        ``(A) serves a State that is among the 7 States with
                    the lowest population density in the United States; and
                        ``(B) has a relatively low rate of successful
                    service with respect to protection orders, as determined
                    by the Attorney General;
                ``(3) a State court that--
                        ``(A) serves a State that is among the 7 States with
                    the highest population density in the United States; and
                        ``(B) has a relatively low rate of successful
                    service with respect to protection orders, as determined
                    by the Attorney General;
                ``(4) a court that uses an integrated, statewide case
            management system;
                ``(5) a court that uses a standalone case management system;
                ``(6) a Tribal court; and
                ``(7) a court that primarily serves a culturally specific
            and underserved population.

        ``(e) Application.--
                ``(1) In general.--An eligible entity desiring a grant under
            this section shall submit to the Attorney General an application
            that includes--
                        ``(A) a description of the process that the eligible
                    entity uses for service of protection orders at the time
                    of submission of the application;
                        ``(B) <<NOTE: Time period.>>  to the extent
                    practicable, statistics relating to protection orders
                    during the 3 calendar years preceding the date of
                    submission of the application, including rates of--
                              ``(i) successful service; and
                              ``(ii) enforcement;
                        ``(C) <<NOTE: List.>>  an initial list of the
                    entities serving as the partners of the eligible entity
                    described in subsection (a); and
                        ``(D) any other information the Attorney General may
                    reasonably require.
                ``(2) No other application required.--An eligible entity
            shall not be required to submit an application under section
            2102 to receive a grant under this section.

        ``(f) Report to Attorney General.--
                ``(1) Initial report.--Not later than 2 years after the date
            on which an eligible entity receives a grant under this section,
            the eligible entity shall submit to the Attorney General

    [[Page 136 STAT. 959]]

            a report that details the plan of the eligible entity for
            implementation of the program under subsection (c).
                ``(2) Subsequent reports.--
                        ``(A) In general.--Not later than 1 year after the
                    date on which an eligible entity implements a program
                    under subsection (c), and not later than 2 years
                    thereafter, the eligible entity shall submit to the
                    Attorney General a report that describes the program,
                    including, with respect to the program--
                              ``(i) the viability;
                              ``(ii) <<NOTE: Costs.>>  the cost;
                              ``(iii) service statistics;
                              ``(iv) the challenges;
                              ``(v) <<NOTE: Analysis.>>  an analysis of the
                          technology used to fulfill the goals of the
                          program;
                              ``(vi) <<NOTE: Analysis.>>  an analysis of any
                          legal or due process issues resulting from the
                          electronic service method described in subsection
                          (c)(1)(A); and
                              ``(vii) best practices for implementing such a
                          program in other similarly situated locations.
                        ``(B) <<NOTE: Recommenda- tions.>>  Contents of
                    final report.--An eligible entity shall include in the
                    second report submitted under subparagraph (A)
                    recommendations for--
                              ``(i) future nationwide implementation of the
                          program implemented by the eligible entity; and
                              ``(ii) usage of electronic service, similar to
                          the service used by the eligible entity, for other
                          commonly used court orders, including with respect
                          to viability and cost.

        ``(g) No Regulations or Guidelines Required.--Notwithstanding
    section 2105, the Attorney General shall not be required to publish
    regulations or guidelines implementing this section.
        ``(h) <<NOTE: Time period.>>  Authorization of Appropriations.--
    There is authorized to be appropriated to carry out this section
    $10,000,000 for fiscal years 2023 through 2027.''.
    SEC. 1507. <<NOTE: 20 USC 11611-6.>>  ONLINE SURVEY TOOL FOR
                              CAMPUS SAFETY.

        (a) <<NOTE: Consultation.>>  In General.--The Secretary of
    Education, in consultation with the Attorney General, the Director of
    the Centers for Disease Control and Prevention, the Secretary of Health
    and Human Services, and experts in domestic violence, dating violence,
    sexual assault, sexual harassment, and stalking, shall develop, design,
    and make available through a secure and accessible online portal, a
    standardized online survey tool regarding postsecondary student
    experiences with domestic violence, dating violence, sexual assault,
    sexual harassment, and stalking.

        (b) Development of Survey Tool.--In developing the survey tool
    required under subsection (a), the Secretary of Education shall--
                (1) use best practices from peer-reviewed research measuring
            domestic violence, dating violence, sexual assault, sexual
            harassment, and stalking;
                (2) <<NOTE: Consultation.>>  consult with the higher
            education community, experts in survey research related to
            domestic violence, dating violence, sexual assault, sexual
            harassment, and stalking, and organizations engaged in the
            prevention of and response to, and advocacy on behalf of victims
            of, domestic violence, dating

    [[Page 136 STAT. 960]]

            violence, sexual assault, sexual harassment, and stalking,
            including victims from culturally specific populations and
            victims with disabilities, regarding the development and design
            of such survey tool and the methodology for administration of
            such survey tool; and
                (3) ensure that the survey tool is readily accessible to and
            usable by individuals with disabilities.

        (c) Elements.--
                (1) <<NOTE: Notification.>>  In general.--The survey tool
            developed pursuant to this section shall be fair and unbiased,
            be scientifically valid and reliable, meet the highest standards
            of survey research, and notify the participant that anonymized
            results of the survey may be published.
                (2) Survey questions.--Survey questions included in the
            survey tool developed pursuant to this section shall--
                        (A) be designed to gather information on student
                    experiences with domestic violence, dating violence,
                    sexual assault, sexual harassment, and stalking,
                    including the experiences of victims of such incidents;
                        (B) use trauma-informed language to prevent re-
                    traumatization; and
                        (C) include--
                              (i) questions that give students the option to
                          report their demographic information;
                              (ii) questions designed to determine the
                          incidence and prevalence of domestic violence,
                          dating violence, sexual assault, sexual
                          harassment, and stalking;
                              (iii) questions regarding whether students
                          know about institutional policies and procedures
                          related to domestic violence, dating violence,
                          sexual assault, sexual harassment, and stalking;
                              (iv) questions designed to determine, if
                          victims reported domestic violence, dating
                          violence, sexual assault, sexual harassment, or
                          stalking--
                                        (I) to whom the incident was
                                    reported and what response the victim
                                    may have received;
                                        (II) whether the victim was informed
                                    of, or referred to, national, State,
                                    local, Tribal, or on-campus resources;
                                    and
                                        (III) whether the entity to whom the
                                    victim reported the incident conducted
                                    an investigation and the duration and
                                    final resolution of such an
                                    investigation;
                              (v) questions regarding contextual factors,
                          such as whether force, incapacitation, or coercion
                          was involved;
                              (vi) questions to determine whether an accused
                          individual was a student at the institution;
                              (vii) questions to determine whether a victim
                          reported an incident to Federal, State, local,
                          Tribal, or campus law enforcement;
                              (viii) questions to determine why the victim
                          chose to report or not report an incident to the
                          institution or State, local, or campus law
                          enforcement;
                              (ix) questions to determine the impact of
                          domestic violence, dating violence, sexual
                          assault, sexual harassment, and stalking on the
                          victim's education, including

    [[Page 136 STAT. 961]]

                          diminished grades, dropped classes, leaves of
                          absence, and negative financial consequences (such
                          as costs associated with loss in paid tuition due
                          to leaves of absence, loss in scholarship awards
                          due to diminished grades, loss of foreign-student
                          visas, and costs associated with counseling,
                          medical services, or housing changes);
                              (x) questions to determine the impact and
                          effectiveness of prevention and awareness programs
                          and complaints processes;
                              (xi) questions to determine attitudes toward
                          sexual violence and harassment, including the
                          willingness of individuals to intervene as a
                          bystander to sex-based (including against lesbian,
                          gay, bisexual, or transgender (commonly referred
                          to as ``LGBT'') individuals), race-based, national
                          origin-based, and disability-based discrimination,
                          harassment, assault, domestic violence, dating
                          violence, sexual assault, sexual harassment, and
                          stalking; and
                              (xii) other questions, as determined by the
                          Secretary of Education.
                (3) <<NOTE: Review. Approval.>>  Additional elements.--In
            addition to the standardized questions developed by the
            Secretary of Education under paragraph (2), subject to the
            review and approval of the Secretary of Education, an
            institution of higher education may request additional
            information from students that would increase the understanding
            of the institution of school climate factors unique to the
            campuses affiliated with the institution.
                (4) Responses.--The responses to the survey questions
            described in paragraph (2) shall--
                        (A) <<NOTE: Confidentiality.>>  be submitted
                    confidentially;
                        (B) not be included in crime statistics; and
                        (C) in the case of such responses being included in
                    a report, not include personally identifiable
                    information.

        (d) Administration of Survey.--
                (1) <<NOTE: Consultation.>>  Federal administration.--The
            Secretary of Education, in consultation with the Attorney
            General, the Director of the Centers for Disease Control and
            Prevention, and the Secretary of Health and Human Services,
            shall develop a mechanism by which institutions of higher
            education may, with respect to the survey tool developed
            pursuant to this section--
                        (A) administer such survey tool; and
                        (B) <<NOTE: Review. Approval.>>  modify such survey
                    tool to include additional elements or requirements, as
                    determined by the institution, subject to the review and
                    approval of the Secretary of Education.
                (2) Costs.--The Secretary of Education may not require an
            institution of higher education to pay to modify the survey tool
            in accordance with paragraph (1)(B).
                (3) Accessibility.--The Secretary of Education shall ensure
            that the survey tool is administered in such a way as to be
            readily accessible to and usable by individuals with
            disabilities.
                (4) <<NOTE: Deadline. Time period.>>  Institutional
            administration.--Beginning not later than 1 year after the date
            on which the Secretary of Education makes available to
            institutions the mechanism described in paragraph (1), and every
            2 years thereafter, each institution

    [[Page 136 STAT. 962]]

            of higher education that receives Federal educational assistance
            shall administer the survey tool developed pursuant to this
            section.

        (e) <<NOTE: Requirement.>>  Completed Surveys.--The Secretary of
    Education shall require each institution of higher education that
    administers the survey tool developed pursuant to this section to
    ensure, to the maximum extent practicable, that an adequate, random, and
    representative sample size of students (as determined by the Secretary)
    enrolled at the institution complete the survey tool developed pursuant
    to this section.

        (f) Report.--
                (1) In general.--Beginning not later than 2 years after the
            date of enactment of this Act, the Secretary of Education
            shall--
                        (A) <<NOTE: Web posting.>>  prepare a biennial
                    report on the information gained from the standardized
                    elements of the survey under this section and publish
                    such report in an accessible format on the website of
                    the Department of Education, including as part of any
                    online consumer tool offered or supported by the
                    Department of Education that provides information to
                    students regarding specific postsecondary educational
                    institutions, such as the College Scorecard or any
                    successor or similar tool; and
                        (B) submit such report to Congress.
                (2) Inclusions and exclusions.--The report required to be
            prepared under paragraph (1)--
                        (A) <<NOTE: Data.>>  shall include campus-level data
                    for each institution and attributed by name of each
                    campus in a manner that permits comparisons across
                    institutions and campuses; and
                        (B) shall not publish any individual survey
                    responses.

        (g) <<NOTE: Web posting.>>  Publication.--Each institution of higher
    education shall publish, in a manner that is readily accessible and
    usable by individuals, including individuals with disabilities--
                (1) the campus-level results of the standardized elements of
            the survey under this section on the website of the institution
            and in the biennial report required under subsection (f) for the
            campuses affiliated with the institution; and
                (2) the campus-level results of the additional elements
            modifying the survey by the institution, if any, on the website
            of the institution.
    SEC. 1508. STUDY ON CHILD CUSTODY IN DOMESTIC VIOLENCE CASES.

        The <<NOTE: Consultation.>>  Attorney General, in consultation with
    the Secretary of Health and Human Services, shall conduct a study that
    shall--
                (1) <<NOTE: Review.>>  provide a review of State laws,
            regulations, and practices on how child neglect and custody
            situations are handled in domestic violence situations; and
                (2) <<NOTE: Recommenda- tions.>>  include a list of
            recommendations on how to restructure State laws, regulations,
            and practices to better protect victims of domestic violence and
            their children.

    [[Page 136 STAT. 963]]

      DIVISION X--INTELLIGENCE <<NOTE: Intelligence Authorization Act for
    Fiscal Year 2022.>>  AUTHORIZATION FOR FISCAL YEAR 2022
    SEC. 1. SHORT TITLE.

        This division may be cited as the ``Intelligence Authorization Act
    for Fiscal Year 2022''.
    SEC. 2. <<NOTE: 50 USC 3003 note.>>  DEFINITIONS.

        In this division:
                (1) Congressional intelligence committees.--The term
            ``congressional intelligence committees'' means--
                        (A) the Permanent Select Committee on Intelligence
                    and the Subcommittee on Defense of the Committee on
                    Appropriations of the House of Representatives; and
                        (B) the Select Committee on Intelligence and the
                    Subcommittee on Defense of the Committee on
                    Appropriations of the Senate.
                (2) Intelligence community.--The term ``intelligence
            community'' has the meaning given such term in section 3 of the
            National Security Act of 1947 (50 U.S.C. 3003).
    SEC. 3. EXPLANATORY STATEMENT.

        The explanatory statement regarding this division, printed in the
    House section of the Congressional Record by the Chairman of the
    Permanent Select Committee on Intelligence of the House of
    Representatives and in the Senate section of the Congressional Record by
    the Chairman of the Select Committee on Intelligence of the Senate,
    shall have the same effect with respect to the implementation of this
    division as if it were a joint explanatory statement of a committee of
    conference.

                        TITLE I--INTELLIGENCE ACTIVITIES

    SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

        Funds are hereby authorized to be appropriated for fiscal year 2022
    for the conduct of the intelligence and intelligence-related activities
    of the following elements of the United States Government:
                (1) The Office of the Director of National Intelligence.
                (2) The Central Intelligence Agency.
                (3) The Department of Defense.
                (4) The Defense Intelligence Agency.
                (5) The National Security Agency.
                (6) The Department of the Army, the Department of the Navy,
            and the Department of the Air Force.
                (7) The Coast Guard.
                (8) The Department of State.
                (9) The Department of the Treasury.
                (10) The Department of Energy.
                (11) The Department of Justice.
                (12) The Federal Bureau of Investigation.
                (13) The Drug Enforcement Administration.
                (14) The National Reconnaissance Office.
                (15) The National Geospatial-Intelligence Agency.
                (16) The Department of Homeland Security.

    [[Page 136 STAT. 964]]

                (17) The Space Force.
    SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS.

        (a) Specifications of Amounts.--The amounts authorized to be
    appropriated under section 101 for the conduct of the intelligence
    activities of the elements listed in paragraphs (1) through (17) of
    section 101, are those specified in the classified Schedule of
    Authorizations prepared to accompany this division.
        (b) Availability of Classified Schedule of Authorizations.--
                (1) Availability.--The classified Schedule of Authorizations
            referred to in subsection (a) shall be made available to the
            Committee on Appropriations of the Senate, the Committee on
            Appropriations of the House of Representatives, and to the
            President.
                (2) Distribution by the president.--Subject to paragraph
            (3), the President shall provide for suitable distribution of
            the classified Schedule of Authorizations referred to in
            subsection (a), or of appropriate portions of such Schedule,
            within the executive branch.
                (3) Limits on disclosure.--The President shall not publicly
            disclose the classified Schedule of Authorizations or any
            portion of such Schedule except--
                        (A) as provided in section 601(a) of the
                    Implementing Recommendations of the 9/11 Commission Act
                    of 2007 (50 U.S.C. 3306(a));
                        (B) to the extent necessary to implement the budget;
                    or
                        (C) as otherwise required by law.
    SEC. 103. INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT.

        (a) Authorization of Appropriations.--There is authorized to be
    appropriated for the Intelligence Community Management Account of the
    Director of National Intelligence for fiscal year 2022 the sum of
    $587,100,000.
        (b) Classified Authorization of Appropriations.--In addition to
    amounts authorized to be appropriated for the Intelligence Community
    Management Account by subsection (a), there are authorized to be
    appropriated for the Intelligence Community Management Account for
    fiscal year 2022 such additional amounts as are specified in the
    classified Schedule of Authorizations referred to in section 102(a).

     TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM

    SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

        There is authorized to be appropriated for the Central Intelligence
    Agency Retirement and Disability Fund $514,000,000 for fiscal year 2022.

    [[Page 136 STAT. 965]]

                TITLE III--GENERAL INTELLIGENCE COMMUNITY MATTERS

    SEC. 301. RESTRICTION ON CONDUCT OF INTELLIGENCE ACTIVITIES.

        The authorization of appropriations by this division shall not be
    deemed to constitute authority for the conduct of any intelligence
    activity which is not otherwise authorized by the Constitution or the
    laws of the United States.
    SEC. 302. INCREASE IN EMPLOYEE COMPENSATION AND BENEFITS
                            AUTHORIZED BY LAW.

        Appropriations authorized by this division for salary, pay,
    retirement, and other benefits for Federal employees may be increased by
    such additional or supplemental amounts as may be necessary for
    increases in such compensation or benefits authorized by law.
    SEC. 303. PROHIBITION ON COLLECTION AND MAINTENANCE OF INFORMATION
                            OF UNITED STATES PERSONS BY INTELLIGENCE
                            COMMUNITY BASED ON FIRST AMENDMENT-
                            PROTECTED ACTIVITIES.

        Title I of the National Security Act of 1947 (50 U.S.C. 3021 et
    seq.) is amended by inserting after section 105B the following new
    section (and conforming the table of contents at the beginning of such
    Act accordingly):
    ``SEC. 105C. <<NOTE: 50 USC 3040a.>>  PROHIBITION ON COLLECTION
                              AND MAINTENANCE OF INFORMATION OF UNITED
                              STATES PERSONS BASED ON FIRST AMENDMENT-
                              PROTECTED ACTIVITIES.

        ``No element of the intelligence community may collect or maintain
    information concerning a United States person (as defined in section
    105A) solely for the purpose of monitoring an activity protected by the
    first amendment to the Constitution of the United States.''.
    SEC. 304. AUTHORIZATION OF SUPPORT BY DIRECTOR OF NATIONAL
                            INTELLIGENCE FOR CERTAIN ACTIVITIES
                            RELATING TO INTELLIGENCE COMMUNITY
                            WORKFORCE.

        Title X of the National Security Act of 1947 (50 U.S.C. 3191 et
    seq.) is amended by inserting after section 1024 the following new
    section (and conforming the table of contents at the beginning of such
    Act accordingly):
    ``SEC. 1025. <<NOTE: 50 USC 3224a.>>  AUTHORIZATION OF SUPPORT BY
                              DIRECTOR OF NATIONAL INTELLIGENCE FOR
                              CERTAIN WORKFORCE ACTIVITIES.

        ``(a) Authorization.--The Director may, with or without
    reimbursement, obligate or expend amounts authorized to be appropriated
    or otherwise made available for the Office of the Director of National
    Intelligence for covered workforce activities for the purpose of
    supporting a covered workforce activity of an element of the
    intelligence community.
        ``(b) <<NOTE: Deadline.>>  Notification.--Not later than 30 days
    after the date on which the Director exercises the authority in
    subsection (a), the Director shall submit to the congressional
    intelligence committees and the Committees on Appropriations of the
    House of Representatives and the Senate written notification of such
    exercise.

    [[Page 136 STAT. 966]]

        ``(c) Covered Workforce Activity Defined.--In this section, the term
    `covered workforce activity' means an activity relating to--
                ``(1) recruitment or retention of the intelligence community
            workforce; or
                ``(2) diversity, equality, inclusion, or accessibility, with
            respect to such workforce.''.
    SEC. 305. REQUIREMENTS RELATING TO CONSTRUCTION OF FACILITIES TO
                            BE USED PRIMARILY BY INTELLIGENCE
                            COMMUNITY.

        Section 602(a) of the Intelligence Authorization Act for Fiscal Year
    1995 (50 U.S.C. 3304(a)) is amended--
                (1) in paragraph (1), by striking ``$5,000,000'' and
            inserting ``$6,000,000''; and
                (2) in paragraph (2), by striking ``$5,000,000'' and
            inserting ``$6,000,000''.
    SEC. 306. AUTHORITY FOR TRANSPORTATION OF FEDERALLY OWNED CANINES
                            ASSOCIATED WITH FORCE PROTECTION DUTIES OF
                            INTELLIGENCE COMMUNITY.

        Section 1344(a)(2)(B) of title 31, United States Code, is amended by
    inserting ``, or transportation of federally owned canines associated
    with force protection duties of any part of the intelligence community
    (as defined in section 3 of the National Security Act of 1947 (50 U.S.C.
    3003))'' after ``duties''.
    SEC. 307. PUBLICATION OF UNCLASSIFIED APPENDICES FROM REPORTS ON
                            INTELLIGENCE COMMUNITY PARTICIPATION IN
                            VULNERABILITIES EQUITIES PROCESS.

        Section 6720(c) of the Damon Paul Nelson and Matthew Young Pollard
    Intelligence Authorization Act for Fiscal Years 2018, 2019, and 2020 (50
    U.S.C. 3316a(c)) is amended by adding at the end the following:
                ``(4) <<NOTE: Public information.>>  Publication.--The
            Director of National Intelligence shall make available to the
            public each unclassified appendix submitted with a report under
            paragraph (1) pursuant to paragraph (2).''.
    SEC. 308. REQUIREMENTS FOR CERTAIN EMPLOYMENT ACTIVITIES BY FORMER
                            INTELLIGENCE OFFICERS AND EMPLOYEES.

        (a) Modifications to Requirement.--
                (1) In general.--Section 304 of the National Security Act of
            1947 (50 U.S.C. 3073a) is amended to read as follows:
    ``SEC. 304. REQUIREMENTS FOR CERTAIN EMPLOYMENT ACTIVITIES BY
                            FORMER INTELLIGENCE OFFICERS AND
                            EMPLOYEES.

        ``(a) Temporary Restriction.--
                ``(1) <<NOTE: Time period.>>  Covered post-service
            position.--Except as provided by paragraph (2), an employee of
            an element of the intelligence community who occupies a covered
            intelligence position may not occupy a covered post-service
            position during the 30-month period following the date on which
            the employee ceases to occupy a covered intelligence position.
                ``(2) Waiver.--

    [[Page 136 STAT. 967]]

                        ``(A) Authority.--On a case-by-case basis, the
                    Director of National Intelligence may temporarily waive
                    the restriction in paragraph (1) with respect to an
                    employee or former employee who is subject to that
                    restriction if--
                              ``(i) <<NOTE: Application.>>  the employee or
                          former employee submits to the Director a written
                          application for such waiver in such form and
                          manner as the Director determines appropriate; and
                              ``(ii) <<NOTE: Determination.>>  the Director
                          determines that such waiver is necessary to
                          advance the national security interests of the
                          United States.
                        ``(B) <<NOTE: Applicability.>>  Period of waiver.--A
                    waiver issued under subparagraph (A) shall apply for a
                    period not exceeding 5 years. The Director may renew
                    such a waiver.
                        ``(C) <<NOTE: Effective date. Notification.>>
                    Revocation.--The Director may revoke a waiver issued
                    under subparagraph (A) to an employee or former
                    employee, effective on the date that is 60 days after
                    the date on which the Director provides the employee or
                    former employee written notice of such revocation.
                        ``(D) <<NOTE: Time periods.>>  Tolling.--The 30-
                    month restriction in paragraph (1) shall be tolled for
                    an employee or former employee during the period
                    beginning on the date on which a waiver is issued under
                    subparagraph (A) and ending on the date on which the
                    waiver expires or on the effective date of a revocation
                    under subparagraph (C), as the case may be.
                        ``(E) <<NOTE: Deadline.>>  Notification.--Not later
                    than 30 days after the date on which the Director issues
                    a waiver under subparagraph (A) or a revocation of a
                    waiver under subparagraph (C), the Director shall submit
                    to the congressional intelligence committees written
                    notification of the waiver or revocation, as the case
                    may be. Such notification shall include the following:
                              ``(i) With respect to a waiver issued to an
                          employee or former employee--
                                        ``(I) the details of the
                                    application, including the covered
                                    intelligence position held or formerly
                                    held by the employee or former employee;
                                        ``(II) the nature of the activities
                                    of the employee or former employee after
                                    ceasing to occupy a covered intelligence
                                    position;
                                        ``(III) a description of the
                                    national security interests that will be
                                    advanced by reason of issuing such
                                    waiver; and
                                        ``(IV) the specific reasons why the
                                    Director determines that issuing such
                                    waiver will advance such interests.
                              ``(ii) With respect to a revocation of a
                          waiver issued to an employee or former employee--
                                        ``(I) the details of the waiver,
                                    including any renewals of such waiver,
                                    and the dates of such waiver and
                                    renewals; and
                                        ``(II) the specific reasons why the
                                    Director determined that such revocation
                                    is warranted.

        ``(b) Covered Post-service Employment Reporting.--

    [[Page 136 STAT. 968]]

                ``(1) Requirement.--During the period described in paragraph
            (2), an employee who ceases to occupy a covered intelligence
            position shall--
                        ``(A) report covered post-service employment to the
                    head of the element of the intelligence community that
                    employed such employee in such covered intelligence
                    position upon accepting such covered post-service
                    employment; and
                        ``(B) annually (or more frequently if the head of
                    such element considers it appropriate) report covered
                    post-service employment to the head of such element.
                ``(2) Period described.--The period described in this
            paragraph is the period beginning on the date on which an
            employee ceases to occupy a covered intelligence position and
            ending on the date that is--
                        ``(A) 5 years after the employee ceases to occupy
                    such position, plus
                        ``(B) the number of months for which the employee is
                    issued a waiver under subsection (a)(2).
                ``(3) Regulations.--The head of each element of the
            intelligence community shall issue regulations requiring, as a
            condition of employment, each employee of such element occupying
            a covered intelligence position to sign a written agreement
            requiring the regular reporting of covered post-service
            employment to the head of such element pursuant to paragraph
            (1).

        ``(c) Penalties.--
                ``(1) <<NOTE: Time period.>>  Criminal penalties.--A former
            employee who knowingly and willfully violates subsection (a) or
            who knowingly and willfully fails to make a required report
            under subsection (b) shall be fined under title 18, United
            States Code, or imprisoned for not more than 5 years, or both.
            Each report under subsection (b) shall be subject to section
            1001 of title 18, United States Code.
                ``(2) Security clearances.--The head of an element of the
            intelligence community shall revoke the security clearance of a
            former employee if the former employee knowingly and willfully
            fails to make a required report under subsection (b) or
            knowingly and willfully makes a false report under such
            subsection.

        ``(d) Provision of Information.--
                ``(1) Training.--The head of each element of the
            intelligence community shall regularly provide training on the
            reporting requirements under subsection (b) to employees of that
            element who occupy a covered intelligence position.
                ``(2) Written notice.--The head of each element of the
            intelligence community shall provide written notice of the
            reporting requirements under subsection (b) to an employee when
            the employee ceases to occupy a covered intelligence position.

        ``(e) Annual Reports.--
                ``(1) Requirement.--Not later than March 31 of each year,
            the Director of National Intelligence shall submit to the
            congressional intelligence committees a report on covered post-
            service employment occurring during the year covered by the
            report.
                ``(2) Elements.--Each report under paragraph (1) shall
            include the following:

    [[Page 136 STAT. 969]]

                        ``(A) The number of former employees who occupy a
                    covered post-service position, broken down by--
                              ``(i) the name of the employer;
                              ``(ii) the foreign government, including by
                          the specific foreign individual, agency, or
                          entity, for whom the covered post-service
                          employment is being performed; and
                              ``(iii) the nature of the services provided as
                          part of the covered post-service employment.
                        ``(B) <<NOTE: Certification.>>  A certification by
                    the Director that--
                              ``(i) each element of the intelligence
                          community maintains adequate systems and processes
                          for ensuring that former employees are submitting
                          reports required under subsection (b);
                              ``(ii) to the knowledge of the heads of the
                          elements of the intelligence community, all former
                          employees who occupy a covered post-service
                          position are in compliance with this section;
                              ``(iii) the services provided by former
                          employees who occupy a covered post-service
                          position do not--
                                        ``(I) pose a current or future
                                    threat to the national security of the
                                    United States; or
                                        ``(II) pose a counterintelligence
                                    risk; and
                              ``(iv) the Director and the heads of such
                          elements are not aware of any credible information
                          or reporting that any former employee who occupies
                          a covered post-service position has engaged in
                          activities that violate Federal law, infringe upon
                          the privacy rights of United States persons, or
                          constitute abuses of human rights.
                ``(3) Form.--Each report under paragraph (1) shall be
            submitted in unclassified form, but may include a classified
            annex.

        ``(f) <<NOTE: Determination. Deadline.>>  Notification.--In addition
    to the annual reports under subsection (e), if a head of an element of
    the intelligence community determines that the services provided by a
    former employee who occupies a covered post-service position pose a
    threat or risk described in clause (iii) of paragraph (2)(B) of such
    subsection, or include activities described in clause (iv) of such
    paragraph, the head shall notify the congressional intelligence
    committees of such determination by not later than 7 days after making
    such determination. The notification shall include the following:
                ``(1) The name of the former employee.
                ``(2) The name of the employer.
                ``(3) The foreign government, including the specific foreign
            individual, agency, or entity, for whom the covered post-service
            employment is being performed.
                ``(4) As applicable, a description of--
                        ``(A) the risk to national security, the
                    counterintelligence risk, or both; and
                        ``(B) the activities that may violate Federal law,
                    infringe upon the privacy rights of United States
                    persons, or constitute abuses of human rights.

        ``(g) Definitions.--In this section:
                ``(1) Covered intelligence position.--The term `covered
            intelligence position' means a position within an element of the
            intelligence community that, based on the level of access of a
            person occupying such position to information regarding
            sensitive intelligence sources or methods or other exceptionally

    [[Page 136 STAT. 970]]

            sensitive matters, the head of such element determines should be
            subject to the requirements of this section.
                ``(2) Covered post-service employment.--The term `covered
            post-service employment' means direct or indirect employment by,
            representation of, or any provision of advice or services
            relating to national security, intelligence, the military, or
            internal security to, the government of a foreign country or any
            company, entity, or other person whose activities are directly
            or indirectly supervised, directed, controlled, financed, or
            subsidized, in whole or in major part, by any government of a
            foreign country.
                ``(3) Covered post-service position.--The term `covered
            post-service position' means a position of employment described
            in paragraph (2).
                ``(4) Employee.--The term `employee', with respect to an
            employee occupying a covered intelligence position, includes an
            officer or official of an element of the intelligence community,
            a contractor of such an element, a detailee to such an element,
            or a member of the Armed Forces assigned to such an element.
                ``(5) Former employee.--The term `former employee' means an
            individual--
                        ``(A) who was an employee occupying a covered
                    intelligence position; and
                        ``(B) who is subject to the requirements under
                    subsection (a) or (b).
                ``(6) Government of a foreign country.--The term `government
            of a foreign country' has the meaning given the term in section
            1(e) of the Foreign Agents Registration Act of 1938 (22 U.S.C.
            611(e)).''.
                (2) <<NOTE: 50 USC 3073a note.>>  Application.--Such section
            304, as amended by paragraph (1), shall apply with respect to
            employees who occupy covered intelligence positions (as defined
            in such section) on or after the date of the enactment of this
            Act.
                (3) <<NOTE: Deadlines. 50 USC 3073a note.>>  Revised
            regulations.--
                        (A) Submission.--Not later than 90 days after the
                    date of the enactment of this Act, the head of each
                    element of the intelligence community shall submit to
                    the congressional intelligence committees new or updated
                    regulations issued under such section 304, as amended by
                    paragraph (1).
                        (B) Certification.--Not later than 180 days after
                    the date of the enactment of this Act, the Director of
                    National Intelligence shall submit to the congressional
                    intelligence committees--
                              (i) a written certification for each head of
                          an element of the intelligence community who has
                          issued the updated regulations under such section
                          304, as amended by paragraph (1); and
                              (ii) for each head of an element of the
                          intelligence community who has not issued such
                          updated regulations, an explanation for the
                          failure to issue such updated regulations.
                (4) <<NOTE: Assessment. Recommenda- tions. 50 USC 3073a
            note.>>  Initial report.--In the first report submitted by the
            Director of National Intelligence under subsection (e) of such
            section 304, as amended by paragraph (1), the Director shall
            include an assessment of the licensing requirements under the
            Arms Export Control Act (22 U.S.C. 2751 et seq.) and

    [[Page 136 STAT. 971]]

            recommendations with respect to strengthening the activities
            regulated under such section 304.

        (b) Clerical Amendment.--The table of sections at the beginning of
    such Act is amended by striking the item relating to section 304 and
    inserting the following new item:

    ``Sec. 304. Requirements for certain employment activities by former
               intelligence officers and employees.''.

    SEC. 309. <<NOTE: 50 USC 3316c.>>  DEVELOPMENT OF DEFINITIONS FOR
                            CERTAIN TERMS RELATING TO INTELLIGENCE.

        (a) <<NOTE: Deadline. Consultation. Publication.>>  Development.--
    Not later than September 30, 2023, the Director of National Intelligence
    and the Under Secretary of Defense for Intelligence and Security, in
    consultation with the heads of the elements of the intelligence
    community, shall jointly develop and publish definitions for the
    following terms:
                (1) Acoustic intelligence.
                (2) All-source intelligence.
                (3) Communications intelligence.
                (4) Critical intelligence.
                (5) Cyber-threat intelligence.
                (6) Electronic intelligence.
                (7) Explosive ordnance intelligence.
                (8) General military intelligence.
                (9) Imagery intelligence.
                (10) Geospatial intelligence.
                (11) Instrumentation signals intelligence.
                (12) Intelligence-related activity.
                (13) Joint intelligence.
                (14) Measurement and signature intelligence.
                (15) Medical intelligence.
                (16) Open-source intelligence.
                (17) Operational intelligence.
                (18) Scientific and technical intelligence.
                (19) Signals intelligence.
                (20) Strategic intelligence.
                (21) Tactical intelligence.
                (22) Target intelligence.
                (23) Technical intelligence.
                (24) Such others terms as may be jointly determined
            necessary by the Director of National Intelligence and the Under
            Secretary of Defense for Intelligence and Security.

        (b) Application to Activities of Intelligence Community.--The
    Director of National Intelligence shall ensure that the definitions
    developed under subsection (a) are used uniformly across activities of
    the intelligence community with respect to the corresponding terms
    specified in such subsection.
        (c) Notice of Modifications.--The Director of National Intelligence
    and the Under Secretary of Defense for Intelligence shall submit to the
    appropriate congressional committees notification of any modification by
    the Director and Under Secretary to a definition of a term specified in
    subsection (a) following the initial publication of the definition under
    such subsection.
        (d) Appropriate Congressional Committees Defined.--In this section,
    the term ``appropriate congressional committees'' means--
                (1) the congressional intelligence committees; and

    [[Page 136 STAT. 972]]

                (2) the Committees on Armed Services of the House of
            Representatives and the Senate.
    SEC. 310. <<NOTE: 50 USC 3161 note.>>  DIRECTOR OF NATIONAL
                            INTELLIGENCE DECLASSIFICATION REVIEW OF
                            INFORMATION RELATING TO TERRORIST ATTACKS
                            OF SEPTEMBER 11, 2001.

        (a) <<NOTE: Deadlines. Coordination. Determination.>>
    Declassification Review Required.--Not later than 30 days after the date
    of the enactment of this Act, the Director of National Intelligence
    shall, in coordination with the Director of the Federal Bureau of
    Investigation, the Director of the Central Intelligence Agency, and the
    heads of such other elements of the intelligence community as the
    Director of National Intelligence considers appropriate, commence a
    declassification review (which the Director of National Intelligence
    shall complete by not later than 120 days after the date of the
    enactment of this Act) to determine what, if any, additional information
    relating to the terrorist attacks of September 11, 2001, can be
    appropriately declassified and shared with the public.

        (b) Information Covered.--The information reviewed under subsection
    (a) shall include the following:
                (1) Information relating to the direction, facilitation, and
            other support provided to the individuals who carried out the
            terrorist attacks of September 11, 2001.
                (2) Information from Operation Encore and the PENTTBOM
            investigation of the Federal Bureau of Investigation.

        (c) Report.--Not later than 120 days after the date of the enactment
    of this Act, the Director of National Intelligence shall submit to the
    congressional intelligence committees a report on the findings of the
    Director with respect to the declassification review conducted under
    subsection (a).
    SEC. 311. <<NOTE: 50 USC 3341 note.>>  PERFORMANCE MEASURES
                            REGARDING TIMELINESS FOR PERSONNEL
                            MOBILITY.

        (a) <<NOTE: Deadline.>>  Policy Required.--Not later than 180 days
    after the date of the enactment of this Act, the Director of National
    Intelligence shall issue a policy for measuring the total time it takes
    to transfer personnel with security clearances and eligibility for
    access to information commonly referred to as ``sensitive compartmented
    information'' from one element of the intelligence community to another,
    or from one contract to another in the case of a contractor.

        (b) Requirements.--The policy issued under subsection (a) shall--
                (1) to the degree practicable, cover all personnel who are
            moving to positions that require a security clearance and access
            to sensitive compartmented information;
                (2) cover the period from the first time an element of the
            intelligence community or company submits a request to an
            element of the intelligence community for the transfer of the
            employment of an individual with a clearance access or
            eligibility determination to another element of the intelligence
            community, to the time the individual is authorized by that
            receiving element to start to work in the new position; and
                (3) <<NOTE: Analysis.>>  include analysis of all appropriate
            phases of the process, including polygraph, suitability
            determination, fitness determination, human resources review,
            transfer of the sensitive compartmented information access, and
            contract actions.

        (c) <<NOTE: Deadlines.>>  Updated Policies.--

    [[Page 136 STAT. 973]]

                (1) <<NOTE: Determination.>>  Modifications.--Not later than
            1 year after the date on which the Director issues the policy
            under subsection (a), the Director shall issue modifications to
            such policies as the Director determines were issued before the
            issuance of the policy under such subsection and are relevant to
            such updated policy, as the Director considers appropriate.
                (2) Recommendations.--Not later than 1 year after the date
            on which the Director issues the policy under subsection (a),
            the Director shall submit to the appropriate congressional
            committees recommendations for legislative action to update
            metrics specified elsewhere in statute to measure parts of the
            process that support transfers described in subsection (a).

        (d) <<NOTE: Time period.>>  Annual Reports.--Not later than 180 days
    after issuing the policy required by subsection (a) and not less
    frequently than once each year thereafter until the date that is 3 years
    after the date of such issuance, the Director shall submit to the
    appropriate congressional committees a report on the implementation of
    such policy. Such report shall address performance by department or
    agency and by clearance type in meeting such policy.

        (e) Appropriate Congressional Committees Defined.--In this section,
    the term ``appropriate congressional committees'' means--
                (1) the congressional intelligence committees; and
                (2) the Subcommittees on Commerce, Justice, Science, and
            Related Agencies of the Committees on Appropriations of the
            House of Representatives and the Senate.

      TITLE IV--MATTERS RELATING TO ELEMENTS OF THE INTELLIGENCE COMMUNITY

           Subtitle A--Office of the Director of National Intelligence

    SEC. 401. NATIONAL COUNTERPROLIFERATION AND BIOSECURITY CENTER.

        (a) Redesignation of Center.--Section 119A of the National Security
    Act of 1947 (50 U.S.C. 3057) is amended by striking ``National Counter
    Proliferation Center'' each place it appears and inserting ``National
    Counterproliferation and Biosecurity Center''.
        (b) Establishment and Head.--Subsection (a) of such section is
    amended--
                (1) in paragraph (1)--
                        (A) by striking ``government tools to prevent'' and
                    inserting ``government tools to--
                ``(A) prevent'';
                        (B) by striking the period at the end and inserting
                    ``; and''; and
                        (C) by adding at the end the following new
                    subparagraph:
                ``(B) lead integration and mission management of all
            intelligence activities pertaining to biosecurity and foreign
            biological threats.''; and
                (2) by adding at the end the following new paragraph:

    [[Page 136 STAT. 974]]

        ``(4) The Director of the National Counterproliferation and
    Biosecurity Center shall serve as the principal coordinator for the
    intelligence community, and as the principal advisor to the Director of
    National Intelligence, with respect to biosecurity and foreign
    biological threats.''.
        (c) Missions and Objectives.--Subsection (b) of such section is
    amended--
                (1) by redesignating paragraphs (1) through (7) as
            subparagraphs (A) through (G), respectively, and moving such
            subparagraphs, as so redesignated, 2 ems to the right;
                (2) in the matter preceding subparagraph (A), as so
            redesignated, by striking ``In establishing'' and inserting the
            following:
                ``(1) Counterproliferation.--In establishing''; and
                (3) by adding at the end the following new paragraph:
                ``(2) <<NOTE: President. Coordination.>>  Biosecurity.--In
            establishing the National Counterproliferation and Biosecurity
            Center, the President shall address the following missions and
            objectives to ensure that the Center serves as the lead for the
            intelligence community for the integration, mission management,
            and coordination of intelligence activities pertaining to
            biosecurity and foreign biological threats, regardless of
            origin:
                        ``(A) Ensuring that the elements of the intelligence
                    community provide timely and effective warnings to the
                    President and the Director of National Intelligence
                    regarding emerging foreign biological threats, including
                    diseases with pandemic potential.
                        ``(B) <<NOTE: Analysis.>>  Overseeing and
                    coordinating the collection and analysis of intelligence
                    on biosecurity and foreign biological threats in support
                    of the intelligence needs of the Federal departments and
                    agencies responsible for public health, including by
                    conveying collection priorities to elements of the
                    intelligence community.
                        ``(C) Coordinating intelligence support to the
                    Federal departments and agencies responsible for public
                    health, including by ensuring that intelligence
                    pertaining to biosecurity and foreign biological threats
                    is disseminated among appropriately cleared personnel of
                    such departments and agencies.
                        ``(D) Coordinating with the Federal departments and
                    agencies responsible for public health to encourage
                    information sharing with the intelligence community.
                        ``(E) <<NOTE: Recommenda- tions.>>  Identifying gaps
                    in the capabilities of the intelligence community
                    regarding biosecurity and countering foreign biological
                    threats and providing to the Director of National
                    Intelligence recommended solutions for such gaps,
                    including by encouraging research and development of new
                    capabilities to counter foreign biological threats.''.

        (d) Conforming Amendments.--Such section is further amended--
                (1) by striking ``counter proliferation'' each place it
            appears and inserting ``counterproliferation''; and
                (2) in the section heading, by striking ``counter
            proliferation'' and inserting ``counterproliferation and
            biosecurity'' (and conforming the table of sections at the
            beginning of such Act accordingly).

    [[Page 136 STAT. 975]]

        (e) <<NOTE: 50 USC 3057 note.>>  References.--Any reference in any
    law, regulation, guidance, instruction, or other document of the United
    States Government to the National Counter Proliferation Center shall be
    deemed to refer to the National Counterproliferation and Biosecurity
    Center.
    SEC. 402. CLARIFICATION OF CERTAIN RESPONSIBILITIES OF DIRECTOR OF
                            NATIONAL INTELLIGENCE.

        Section 102A(f)(8) of the National Security Act of 1947 (50 U.S.C.
    3024(f)(8)) is amended by striking ``such other functions'' and
    inserting ``such other intelligence-related functions''.
    SEC. 403. RESPONSIBILITY OF DIRECTOR OF NATIONAL INTELLIGENCE
                            REGARDING NATIONAL INTELLIGENCE PROGRAM
                            BUDGET CONCERNING FEDERAL BUREAU OF
                            INVESTIGATION.

        Section 102A of the National Security Act of 1947 (50 U.S.C. 3024)
    is amended--
                (1) in subsection (c)(5), by adding at the end the following
            new subparagraph:

        ``(D) Consistent with subparagraph (C), the Director of National
    Intelligence shall ensure that the programs and activities that are part
    of the National Intelligence Program, including those of the Federal
    Bureau of Investigation, are structured and executed in a manner than
    enables budget traceability.''; and
                (2) in subsection (p)--
                        (A) by striking the heading and inserting ``Certain
                    Responsibilities of Director of National Intelligence
                    Relating to National Intelligence Program'';
                        (B) by striking ``Subject to'' and inserting ``(1)
                    Subject to''; and
                        (C) by adding at the end the following new
                    paragraph:

        ``(2) <<NOTE: Consultation.>>  Consistent with subsection (c)(5)(C),
    the Director of National Intelligence shall, after consultation with the
    Director of the Federal Bureau of Investigation, ensure that the
    programs and activities of the Federal Bureau of Investigation that are
    part of the National Intelligence Program are executed in a manner that
    conforms with the requirements of the national intelligence strategy
    under section 108A of this Act and the National Intelligence Priorities
    Framework of the Office of the Director of National Intelligence (or any
    successor mechanism established for the prioritization of such programs
    and activities).''.
    SEC. 404. CLIMATE SECURITY ADVISORY COUNCIL.

        (a) Reports.--Subsection (d) of section 120 of the National Security
    Act of 1947 (50 U.S.C. 3060) is amended--
                (1) by striking ``Not later'' and inserting the following:
                ``(1) Requirement.--Not later''; and
                (2) by adding at the end the following new paragraph:
                ``(2) Matters included.--Each report under paragraph (1)
            shall include a description of any obstacles or gaps relating
            to--
                        ``(A) the Council fulfilling its duties and
                    responsibilities under subsection (c); or
                        ``(B) the responsiveness of the intelligence
                    community to the climate security needs and priorities
                    of the policymaking elements of the Federal
                    Government.''.

        (b) Extension of Sunset; Technical Amendments.--Such section 120 is
    amended--

    [[Page 136 STAT. 976]]

                (1) in subsection (b)(1)(B)(v), by inserting ``and
            Security'' after ``for Intelligence'';
                (2) by redesignating the second subsection (e) as subsection
            (f); and
                (3) in subsection (e), by striking ``the date that is 4
            years after the date of the enactment of this section'' and
            inserting ``December 31, 2025''.
    SEC. 405. REMOVAL OF CHIEF INFORMATION OFFICER OF THE INTELLIGENCE
                            COMMUNITY FROM LEVEL IV OF THE EXECUTIVE
                            SCHEDULE.

        Section 5315 of title 5, United States Code, is amended by striking
    ``Chief Information Officer of the Intelligence Community.''.

                           Subtitle B--Other Elements

    SEC. 411. ESTABLISHMENT OF CHAPLAIN CORPS OF THE CENTRAL
                            INTELLIGENCE AGENCY.

        The Central Intelligence Agency Act of 1949 (50 U.S.C. 3501 et seq.)
    is amended by adding at the end the following:
    ``SEC. 26. <<NOTE: 50 USC 3527.>>  CHAPLAIN CORPS AND CHIEF OF
                          CHAPLAINS.

        ``(a) Establishment of Chaplain Corps.--There is in the Agency a
    Chaplain Corps for the provision of spiritual or religious pastoral
    services.
        ``(b) <<NOTE: Appointment.>>  Chief of Chaplains.--The head of the
    Chaplain Corps shall be the Chief of Chaplains, who shall be appointed
    by the Director.

        ``(c) <<NOTE: Appointments.>>  Staff and Administration.--
                ``(1) Staff.--The Director may appoint and fix the
            compensation of such staff of the Chaplain Corps as the Director
            considers appropriate, except that the Director may not--
                        ``(A) appoint more than 10 full-time equivalent
                    positions; or
                        ``(B) provide basic pay to any member of the staff
                    of the Chaplain Corps at an annual rate of basic pay in
                    excess of the maximum rate of basic pay for grade GS-15
                    as provided in section 5332 of title 5, United States
                    Code.
                ``(2) Administration.--The Director may--
                        ``(A) <<NOTE: Reimbursement.>>  reimburse members of
                    the staff of the Chaplain Corps for work-related travel
                    expenses;
                        ``(B) provide security clearances to such members;
                        ``(C) furnish such physical workspace at the
                    headquarters building of the Agency as the Director
                    considers appropriate; and
                        ``(D) <<NOTE: Certification.>>  certify that all
                    Chaplains meet common standards for professional
                    chaplaincy and board certification by a national
                    chaplaincy and pastoral care organization or
                    equivalent.''.
    SEC. 412. MODIFICATION OF NATIONAL GEOSPATIAL-INTELLIGENCE AGENCY
                            PERSONNEL MANAGEMENT AUTHORITY TO ATTRACT
                            EXPERTS IN SCIENCE AND ENGINEERING.

        Section 4092(b)(2) of title 10, United States Code, is amended--
                (1) by redesignating subparagraph (B) as subparagraph (C);
            and

    [[Page 136 STAT. 977]]

                (2) by inserting after subparagraph (A) the following new
            subparagraph (B):
                        ``(B) in the case of employees appointed pursuant to
                    paragraph (1)(G), to any of 2 positions of
                    administration or management designated by the Director
                    of the National Geospatial-Intelligence Agency for
                    purposes of this subparagraph; and''.
    SEC. 413. <<NOTE: 50 USC 3373a.>>  SUPPORT FOR AND OVERSIGHT OF
                            UNIDENTIFIED AERIAL PHENOMENA TASK FORCE.

        (a) Availability of Data on Unidentified Aerial Phenomena.--The
    Director <<NOTE: Requirement.>>  of National Intelligence and the
    Secretary of Defense shall jointly require that each element of the
    intelligence community and component of the Department of Defense with
    data relating to unidentified aerial phenomena makes such data available
    immediately to the Unidentified Aerial Phenomena Task Force, or
    successor entity, and to the National Air and Space Intelligence Center.

        (b) Quarterly Reports.--
                (1) In general.--Not later than 90 days after the date of
            the enactment of this Act, and not less frequently than
            quarterly thereafter, the Unidentified Aerial Phenomena Task
            Force, or successor entity, consistent with the protection of
            intelligence sources and methods, shall submit to the
            appropriate congressional committees a report on the findings of
            the Unidentified Aerial Phenomena Task Force, or successor
            entity.
                (2) Contents.--Each report submitted under paragraph (1)
            shall include, at a minimum, the following:
                        (A) All reported unidentified aerial phenomena-
                    related events that occurred during the period covered
                    by the report.
                        (B) All reported unidentified aerial phenomena-
                    related events that occurred during a period other than
                    the period covered by the report but were not included
                    in an earlier report.
                (3) <<NOTE: Classified information.>>  Form.--Each report
            submitted under paragraph (1) shall be submitted in classified
            form.

        (c) Definitions.--In this section:
                (1) Appropriate congressional committees.--The term
            ``appropriate congressional committees'' means the following:
                        (A) The congressional intelligence committees.
                        (B) The Committees on Armed Services of the House of
                    Representatives and the Senate.
                (2) Unidentified aerial phenomena task force.--The term
            ``Unidentified Aerial Phenomena Task Force'' means the task
            force established by the Department of Defense on August 4,
            2020, to be led by the Department of the Navy, under the Office
            of the Under Secretary of Defense for Intelligence and Security.
    SEC. 414. <<NOTE: 28 USC 532 note.>>  LIMITATION ON PROCUREMENT BY
                            FEDERAL BUREAU OF INVESTIGATION OF
                            PEOPLE'S REPUBLIC OF CHINA PRODUCTS AND
                            SERVICES.

        (a) Security Assessment.--The Director of the Federal Bureau of
    Investigation may not procure a People's Republic of China product or
    service unless, before such procurement--

    [[Page 136 STAT. 978]]

                (1) <<NOTE: Assessment.>>  the Federal Bureau of
            Investigation conducts a security assessment of such product or
            service, including with respect to any physical,
            counterintelligence, or cyber vulnerabilities;
                (2) there is included in the process of conducting such
            security assessment a formal mechanism through which input shall
            be submitted by the Counterintelligence Division and Cyber
            Division of the Federal Bureau of Investigation regarding such
            security assessment, including with respect to any such
            vulnerabilities; and
                (3) <<NOTE: Recommenda- tions.>>  the Director (or a
            designee of the Director) approves a recommendation, based on
            the results of such security assessment, to procure such product
            or service.

        (b) <<NOTE: Recommenda- tions. Records.>>  Submission.--Not later
    than 30 days after the date on which the Director (or a designee of the
    Director, as applicable) approves a recommendation pursuant to
    subsection (a)(3), the Director shall submit to the appropriate
    congressional committees the recommendation and a copy of the security
    assessment upon which the recommendation was based.

        (c) Definitions.--In this section:
                (1) Appropriate congressional committees.--The term
            ``appropriate congressional committees'' means--
                        (A) the congressional intelligence committees; and
                        (B) the Subcommittees on Commerce, Justice, Science,
                    and Related Agencies of the Committees on Appropriations
                    of the House of Representatives and the Senate.
                (2) People's republic of china product or service.--The term
            ``People's Republic of China product or service'' means an
            information or communication technology product manufactured in
            China, Hong Kong, or Macau, or a product or service provided by
            an entity that is fully or partially owned or controlled by, or
            otherwise connected to, the government of China.
    SEC. 415. <<NOTE: 28 USC 532 note.>>  COUNTERINTELLIGENCE UNITS AT
                            NON-INTELLIGENCE COMMUNITY FEDERAL
                            DEPARTMENTS AND AGENCIES.

        (a) Establishment.--The Director of the Federal Bureau of
    Investigation shall establish counterintelligence units in the
    departments and agencies described in subsection (b). Such units shall
    be composed of officers of the Counterintelligence Division of the
    Federal Bureau of Investigation.
        (b) Departments and Agencies Described.--The departments and
    agencies described in this subsection are the following departments and
    agencies of the United States Government:
                (1) The Department of Agriculture.
                (2) <<NOTE: Coordination. Determination.>>  Any other
            department or agency that the Director, in coordination with the
            Director of National Intelligence, determines appropriate.

        (c) Duties.--The Director of the Federal Bureau of Investigation
    shall ensure that each counterintelligence unit established under
    subsection (a) in a department or agency described in subsection (b)
    carries out the following duties:
                (1) Conducts assessments, in coordination with the
            leadership of the department or agency, to determine the
            counterintelligence posture of the department or agency,
            including any components thereof.
                (2) Informs and consults with the leadership of the
            department or agency, including any components thereof, and
            provides

    [[Page 136 STAT. 979]]

            recommendations with respect to any counterintelligence threats
            identified by the intelligence community.
                (3) Provides such administrative and technical support as is
            necessary to develop, in coordination with the leadership of the
            department or agency, a plan to eliminate or reduce the threats
            described in paragraph (2).
                (4) Serves as the primary point of contact for the
            department or agency with respect to counterintelligence for the
            intelligence community.

        (d) Intelligence Community Support.--The heads of the elements of
    the intelligence community shall ensure that relevant
    counterintelligence information is provided to counterintelligence units
    established under subsection (a) in a manner that is consistent with the
    need to protect sources and methods.
        (e) <<NOTE: Consultation. Determination.>>  Report.--Not later than
    120 days after the date of the enactment of this Act, the Director of
    National Intelligence, in consultation with the heads of such other
    departments and agencies of the Federal Government as the Director
    determines appropriate, shall submit to the appropriate congressional
    committees a report detailing options for the intelligence community to
    improve intelligence support to the Department of Agriculture and the
    Department of Commerce. The report shall be submitted in unclassified
    form, but may include a classified annex.

        (f) Appropriate Congressional Committees Defined.--In this section,
    the term ``appropriate congressional committees'' means--
                (1) the congressional intelligence committees; and
                (2) the Subcommittees on Commerce, Justice, Science, and
            Related Agencies of the Committees on Appropriations of the
            House of Representatives and the Senate.
    SEC. 416. <<NOTE: 31 USC 311 note.>>  PILOT PROGRAM ON RECRUITMENT
                            AND RETENTION IN OFFICE OF INTELLIGENCE
                            AND ANALYSIS OF THE DEPARTMENT OF THE
                            TREASURY.

        (a) <<NOTE: Assessment.>>  Pilot Program Required.--The Assistant
    Secretary for Intelligence and Analysis of the Department of the
    Treasury shall carry out a pilot program to assess the feasibility and
    advisability of using adjustments of rates of pay to recruit and retain
    staff for high-demand positions in the Office of Intelligence and
    Analysis of the Department of the Treasury.

        (b) <<NOTE: Effective date.>>  Duration.--The Assistant Secretary
    shall carry out the pilot program required by subsection (a) during the
    4-year period beginning on the date of the enactment of this Act.

        (c) Additional Pay.--Under the pilot program required by subsection
    (a), the Assistant Secretary shall, notwithstanding any provision of
    title 5, United States Code, governing the rates of pay or
    classification of employees in the executive branch, prescribe the rate
    of basic pay for financial and cyber intelligence analyst positions
    designated under subsection (d) at rates--
                (1) not greater than 130 percent of the maximum basic rate
            of pay and locality pay for which such positions would otherwise
            be eligible; and
                (2) not greater than the rate of basic pay payable for level
            II of the Executive Schedule under section 5313 of title 5,
            United States Code.

        (d) Designated Positions.--

    [[Page 136 STAT. 980]]

                (1) In general.--Subject to paragraph (2), under the pilot
            program required by subsection (a), the Assistant Secretary
            shall designate not fewer than 5 percent of the total number of
            positions in the Office, including positions to be filled by new
            hires, as financial or cyber intelligence analyst positions
            eligible for the additional pay under subsection (c).
                (2) <<NOTE: Time period.>>  Current employees.--The
            Assistant Secretary may designate under paragraph (1) a position
            filled by an employee who was employed in that position on the
            day before the date of the enactment of this Act only if the
            employee was in the top one-third of performance rankings for
            the position within the Office for the duration of the 2-year
            period ending on the date of the enactment of this Act.

        (e) <<NOTE: Deadline. Time period.>>  Briefing on the Pilot
    Program.--Not later than 180 days after the date of the enactment of
    this Act and not less frequently than once each year thereafter for the
    duration of the period specified in subsection (b), the Assistant
    Secretary shall provide to the appropriate congressional committees and
    the Director of National Intelligence a briefing on the pilot program
    required by subsection (a).

        (f) <<NOTE: Recommenda- tions.>>  Report on the Pilot Program.--Not
    later than 180 days before the last day of the period specified in
    subsection (b), the Assistant Secretary shall submit to the appropriate
    congressional committees, the Committee on Homeland Security and
    Governmental Affairs of the Senate, the Committee on Oversight and
    Reform of the House of Representatives, and the Director of National
    Intelligence a report on the effectiveness of the pilot program required
    by subsection (a) and recommendations as to whether such pilot program
    should be extended, modified, or ended.

        (g) Recommendations of Director of National Intelligence.--Not later
    than 3 years <<NOTE: Deadline.>>  after the date of the enactment of
    this Act, the Director of National Intelligence shall submit to the
    appropriate congressional committees recommendations as to--
                (1) which, if any, other elements of the intelligence
            community would benefit from a program similar to the pilot
            program required by subsection (a); and
                (2) what, if any, modifications the Director would recommend
            for such elements.

        (h) Retention of Prescribed Rates of Pay After Termination of Pilot
    Program.--After the conclusion of the period specified in subsection
    (b), the Assistant Secretary may continue to pay a person, who received
    pay during such period pursuant to a rate of basic pay prescribed under
    subsection (c), at a rate of basic pay not to exceed the rate of basic
    pay that was in effect for the person pursuant to such subsection on the
    day before the last day of such period, until such time as the
    applicable rate of basic pay for the person under the General Schedule
    exceeds the rate of basic pay that was so in effect under subsection
    (c).
        (i) Appropriate Congressional Committees Defined.--In this section,
    the term ``appropriate congressional committees'' means--
                (1) the congressional intelligence committees; and
                (2) the Subcommittees on Financial Services and General
            Government of the Committees on Appropriations of the House of
            Representatives and the Senate.

    [[Page 136 STAT. 981]]

    SEC. 417. <<NOTE: Missouri.>>  DESIGNATION OF SENATOR ROY BLUNT
                            GEOSPATIAL LEARNING CENTER.

        (a) Designation.--The Geospatial Learning Center in the Next NGA
    West facility in St. Louis, Missouri, shall after the date of the
    enactment of this Act be known and designated as the ``Senator Roy Blunt
    Geospatial Learning Center''.
        (b) References.--Any reference in any law, regulation, map,
    document, paper, or other record of the United States to the Geospatial
    Learning Center in the Next NGA West facility referred to in subsection
    (a) shall be deemed to be a reference to the ``Senator Roy Blunt
    Geospatial Learning Center''.

                     TITLE V--MATTERS RELATING TO OVERSIGHT

    SEC. 501. HARMONIZATION OF WHISTLEBLOWER PROTECTIONS.

        (a) Prohibited Personnel Practices in the Intelligence Community.--
                (1) Threats relating to personnel actions.--
                        (A) Agency employees.--Section 1104(b) of the
                    National Security Act of 1947 (50 U.S.C. 3234(b)) is
                    amended, in the matter preceding paragraph (1)--
                              (i) by striking ``Any employee of an agency''
                          and inserting ``Any employee of a covered
                          intelligence community element or an agency''; and
                              (ii) by inserting ``, or threaten to take or
                          fail to take,'' after ``take or fail to take''.
                        (B) Contractor employees.--Section 1104(c)(1) of
                    such Act (50 U.S.C. 3234(c)(1)) is amended, in the
                    matter preceding subparagraph (A), by inserting ``, or
                    threaten to take or fail to take,'' after ``take or fail
                    to take''.
                (2) Protection for contractor employees against reprisal
            from agency employees.--Section 1104(c)(1) of such Act (50
            U.S.C. 3234(c)(1)), as amended by paragraph (1)(B) of this
            subsection, is further amended, in the matter preceding
            subparagraph (A), by inserting ``of an agency or'' after ``Any
            employee''.
                (3) Enforcement.--Subsection (d) of section 1104 of such Act
            (50 U.S.C. 3234) is amended to read as follows:

        ``(d) <<NOTE: President.>>  Enforcement.--The President shall
    provide for the enforcement of this section consistent, to the fullest
    extent possible, with the policies and procedures used to adjudicate
    alleged violations of section 2302(b)(8) of title 5, United States
    Code.''.

        (b) Retaliatory Revocation of Security Clearances and Access
    Determinations.--
                (1) Enforcement.--Section 3001(j) of the Intelligence Reform
            and Terrorism Prevention Act of 2004 (50 U.S.C. 3341(j)) is
            amended--
                        (A) by redesignating paragraph (8) as paragraph (9);
                    and
                        (B) by inserting after paragraph (7) the following:
                ``(8) <<NOTE: President.>>  Enforcement.--Except as
            otherwise provided in this subsection, the President shall
            provide for the enforcement of this section consistent, to the
            fullest extent possible, with

    [[Page 136 STAT. 982]]

            the policies and procedures used to adjudicate alleged
            violations of section 2302(b)(8) of title 5, United States
            Code.''.
                (2) Tolling of deadline for appeal of prohibited reprisal.--
            Section 3001(j)(4) of such Act (50 U.S.C. 3341(j)(4)) is
            amended--
                        (A) in subparagraph (A), by inserting ``(except as
                    provided by subparagraph (D))'' after ``within 90
                    days''; and
                        (B) by adding at the end the following new
                    subparagraph:
                        ``(D) Tolling.--The time requirement established by
                    subparagraph (A) for an employee or former employee to
                    appeal the decision of an agency may be tolled if the
                    employee or former employee presents substantial
                    credible evidence showing why the employee or former
                    employee did not timely initiate the appeal and why the
                    enforcement of the time requirement would be unfair,
                    such as evidence showing that the employee or former
                    employee--
                              ``(i) did not receive notice of the decision;
                          or
                              ``(ii) could not timely initiate the appeal
                          because of factors beyond the control of the
                          employee or former employee.''.

        (c) Correction of Definition of Agency.--Section 3001(a)(1)(B) of
    the Intelligence Reform and Terrorism Prevention Act of 2004 (50 U.S.C.
    3341(a)(1)(B)) is amended by striking ``and'' and inserting ``or''.
        (d) Establishing Consistency With Respect to Protections for
    Disclosures of Mismanagement.--
                (1) Security clearance and access determinations.--Section
            3001(j)(1) of the Intelligence Reform and Terrorism Prevention
            Act of 2004 (50 U.S.C. 3341(j)(1)) is amended--
                        (A) in subparagraph (A)(ii), by striking ``gross
                    mismanagement'' and inserting ``mismanagement''; and
                        (B) in subparagraph (B)(ii), by striking ``gross
                    mismanagement'' and inserting ``mismanagement''.
                (2) Personnel actions against contractor employees.--Section
            1104(c)(1)(B) of the National Security Act of 1947 (50 U.S.C.
            3234(c)(1)(B)) is amended by striking ``gross mismanagement''
            and inserting ``mismanagement''.

        (e) Protected Disclosures to Supervisors.--
                (1) Personnel actions.--
                        (A) Disclosures by agency employees to
                    supervisors.--Section 1104(b) of the National Security
                    Act of 1947 (50 U.S.C. 3234(b)), as amended by
                    subsection (a)(1)(A), is further amended, in the matter
                    preceding paragraph (1), by inserting ``a supervisor in
                    the employee's direct chain of command, or a supervisor
                    of the employing agency with responsibility for the
                    subject matter of the disclosure, up to and including''
                    before ``the head of the employing agency''.
                        (B) Disclosures by contractor employees to
                    supervisors.--Section 1104(c)(1) of such Act (50 U.S.C.
                    3234(c)(1)), as amended by subsection (a), is further
                    amended, in the matter preceding subparagraph (A), by
                    inserting ``a supervisor in the contractor employee's
                    direct chain of command, or a supervisor of the
                    contracting agency with responsibility for the subject
                    matter of the disclosure,

    [[Page 136 STAT. 983]]

                    up to and including'' before ``the head of the
                    contracting agency''.
                (2) Security clearance and access determinations.--Section
            3001(j)(1)(A) of the Intelligence Reform and Terrorism
            Prevention Act of 2004 (50 U.S.C. 3341(j)(1)(A)) is amended, in
            the matter preceding clause (i), by inserting ``a supervisor in
            the employee's direct chain of command, or a supervisor of the
            employing agency with responsibility for the subject matter of
            the disclosure, up to and including'' before ``the head of the
            employing agency''.

        (f) Establishing Parity for Protected Disclosures.--Section 1104 of
    the National Security Act of 1947 (50 U.S.C. 3234) is further amended--
                (1) in subsection (b), as amended by subsections (a)(1)(A)
            and (e)(1)(A)--
                        (A) by redesignating paragraphs (1) and (2) as
                    subparagraphs (A) and (B), respectively, and moving such
                    subparagraphs, as so redesignated, 2 ems to the right;
                        (B) in the matter preceding subparagraph (A), as
                    redesignated and moved by subparagraph (A) of this
                    paragraph, by striking ``for a lawful disclosure'' and
                    inserting the following: ``for--
                ``(1) any lawful disclosure''; and
                        (C) by adding at the end the following:
                ``(2) any lawful disclosure that complies with--
                        ``(A) subsections (a)(1), (d), and (g) of section 8H
                    of the Inspector General Act of 1978 (5 U.S.C. App.);
                        ``(B) subparagraphs (A), (D), and (H) of section
                    17(d)(5) of the Central Intelligence Agency Act of 1949
                    (50 U.S.C. 3517(d)(5)); or
                        ``(C) subparagraphs (A), (D), and (I) of section
                    103H(k)(5); or
                ``(3) if the actions do not result in the employee
            unlawfully disclosing information specifically required by
            Executive order to be kept classified in the interest of
            national defense or the conduct of foreign affairs, any lawful
            disclosure in conjunction with--
                        ``(A) the exercise of any appeal, complaint, or
                    grievance right granted by any law, rule, or regulation;
                        ``(B) testimony for or otherwise lawfully assisting
                    any individual in the exercise of any right referred to
                    in subparagraph (A); or
                        ``(C) cooperation with or disclosing information to
                    the Inspector General of an agency, in accordance with
                    applicable provisions of law in connection with an
                    audit, inspection, or investigation conducted by the
                    Inspector General.''; and
                (2) in subsection (c)(1), as amended by subsections (a),
            (d)(2), and (e)(1)(B)--
                        (A) by redesignating subparagraphs (A) and (B) as
                    clauses (i) and (ii), respectively, and moving such
                    clauses, as so redesignated, 2 ems to the right;
                        (B) in the matter preceding clause (i), as
                    redesignated and moved by subparagraph (A) of this
                    paragraph, by striking ``for a lawful disclosure'' and
                    inserting the following: ``for--
                ``(A) any lawful disclosure''; and

    [[Page 136 STAT. 984]]

                        (C) by adding at the end the following:
                ``(B) any lawful disclosure that complies with--
                        ``(i) subsections (a)(1), (d), and (g) of section 8H
                    of the Inspector General Act of 1978 (5 U.S.C. App.);
                        ``(ii) subparagraphs (A), (D), and (H) of section
                    17(d)(5) of the Central Intelligence Agency Act of 1949
                    (50 U.S.C. 3517(d)(5)); or
                        ``(iii) subparagraphs (A), (D), and (I) of section
                    103H(k)(5); or
                ``(C) if the actions do not result in the contractor
            employee unlawfully disclosing information specifically required
            by Executive order to be kept classified in the interest of
            national defense or the conduct of foreign affairs, any lawful
            disclosure in conjunction with--
                        ``(i) the exercise of any appeal, complaint, or
                    grievance right granted by any law, rule, or regulation;
                        ``(ii) testimony for or otherwise lawfully assisting
                    any individual in the exercise of any right referred to
                    in clause (i); or
                        ``(iii) cooperation with or disclosing information
                    to the Inspector General of an agency, in accordance
                    with applicable provisions of law in connection with an
                    audit, inspection, or investigation conducted by the
                    Inspector General.''.

        (g) Clarification Relating to Protected Disclosures.--Section 1104
    of the National Security Act of 1947 (50 U.S.C. 3234) is further
    amended--
                (1) by redesignating subsections (d) and (e) as subsections
            (f) and (g), respectively; and
                (2) by inserting after subsection (c) the following:

        ``(d) Rule of Construction.--Consistent with the protection of
    intelligence sources and methods, nothing in subsection (b) or (c) shall
    be construed to authorize--
                ``(1) the withholding of information from Congress; or
                ``(2) the taking of any personnel action against an employee
            who lawfully discloses information to Congress.

        ``(e) Disclosures.--A disclosure shall not be excluded from this
    section because--
                ``(1) the disclosure was made to an individual, including a
            supervisor, who participated in an activity that the employee
            reasonably believed to be covered under subsection (b)(1)(B) or
            the contractor employee reasonably believed to be covered under
            subsection (c)(1)(A)(ii);
                ``(2) the disclosure revealed information that had been
            previously disclosed;
                ``(3) the disclosure was not made in writing;
                ``(4) the disclosure was made while the employee was off
            duty;
                ``(5) of the amount of time which has passed since the
            occurrence of the events described in the disclosure; or
                ``(6) the disclosure was made during the normal course of
            duties of an employee or contractor employee.''.

        (h) Correction Relating to Normal Course Disclosures.--Section
    3001(j)(3) of the Intelligence Reform and Terrorism Prevention Act of
    2004 (50 U.S.C. 3341(j)(3)) is amended--

    [[Page 136 STAT. 985]]

                (1) by striking ``Disclosures.--'' and all that follows
            through ``because--'' and inserting ``Disclosures.--A disclosure
            shall not be excluded from paragraph (1) because--'';
                (2) by striking subparagraph (B);
                (3) by redesignating clauses (i) through (v) as
            subparagraphs (A) through (E), respectively, and moving such
            subparagraphs, as so redesignated, 2 ems to the left;
                (4) in subparagraph (D), as so redesignated, by striking
            ``or'' at the end;
                (5) in subparagraph (E), as redesignated by paragraph (3),
            by striking the period at the end and inserting ``; or''; and
                (6) by adding at the end the following:
                        ``(F) the disclosure was made during the normal
                    course of duties of an employee.''.

        (i) Clarification Relating to Rule of Construction.--Section
    3001(j)(2) of the Intelligence Reform and Terrorism Prevention Act of
    2004 (50 U.S.C. 3341(j)(2)) is amended by inserting ``or clearance
    action'' after ``personnel action''.
        (j) Clarification Relating to Prohibited Practices.--Section
    3001(j)(1) of the Intelligence Reform and Terrorism Prevention Act of
    2004 (50 U.S.C. 3341(j)(1)), as amended by this section, is further
    amended by striking ``over'' and inserting ``to take, direct others to
    take, recommend, or approve''.
        (k) Technical Correction.--Section 3001(j)(1)(C)(i) of the
    Intelligence Reform and Terrorism Prevention Act of 2004 (50 U.S.C.
    3341(j)(1)(C)(i)) is amended by striking ``(h)'' and inserting ``(g)''.
        (l) <<NOTE: Assessment.>>  Report Required.--Not later than 180 days
    after the date of the enactment of this Act, the Inspector General of
    the Intelligence Community shall submit to the congressional
    intelligence committees a report assessing the extent to which
    protections provided under Presidential Policy Directive 19 (relating to
    protecting whistleblowers with access to classified information) have
    been codified in statutes.
    SEC. 502. AUTHORITIES REGARDING WHISTLEBLOWER COMPLAINTS AND
                            INFORMATION OF URGENT CONCERN RECEIVED BY
                            INSPECTORS GENERAL OF THE INTELLIGENCE
                            COMMUNITY.

        (a) Authority of Inspector General of the Intelligence Community to
    Determine Matters of Urgent Concern.--Section 103H(k)(5)(G) of the
    National Security Act of 1947 (50 U.S.C. 3033(k)(5)(G)) is amended--
                (1) by redesignating clauses (i), (ii), and (iii) as
            subclauses (I), (II), and (III), respectively;
                (2) in the matter preceding subclause (I), as redesignated
            by paragraph (1), by inserting ``(i)'' before ``In this''; and
                (3) by adding at the end the following new clause:

        ``(ii) Within the executive branch, the Inspector General shall have
    sole authority to determine whether any complaint or information
    reported to the Inspector General is a matter of urgent concern under
    this paragraph.''.
        (b) Authority of Inspectors General to Determine Matters of Urgent
    Concern.--Subsection (h) of section 8H of the Inspector General Act of
    1978 (5 U.S.C. App.) is amended--

    [[Page 136 STAT. 986]]

                (1) in paragraph (1), by redesignating paragraphs (A), (B),
            and (C) as clauses (i), (ii), and (iii), respectively (and
            indenting such clauses accordingly);
                (2) by redesignating paragraphs (1) and (2) as subparagraphs
            (A) and (B), respectively (and indenting such subparagraphs
            accordingly);
                (3) in the matter preceding subparagraph (A), as
            redesignated by paragraph (2), by inserting ``(1)'' before ``In
            this''; and
                (4) by adding at the end the following new paragraph:

        ``(2) Within the executive branch, an Inspector General to whom any
    complaint or information is reported under this section shall have sole
    authority to determine whether the complaint or information is a matter
    of urgent concern under this section.''.
        (c) Authority of Inspector General of Central Intelligence Agency to
    Determine Matters of Urgent Concern.--Section 17(d)(5)(G) of the Central
    Intelligence Agency Act of 1949 (50 U.S.C. 3517(d)(5)(G)) is amended--
                (1) in clause (i), by redesignating subclauses (I), (II),
            and (III) as items (aa), (bb), and (cc), respectively (and
            indenting such items accordingly);
                (2) by redesignating clauses (i) and (ii) as subclauses (I)
            and (II), respectively (and indenting such subclauses
            accordingly);
                (3) in the matter preceding clause (I), as redesignated by
            subparagraph (B), by inserting ``(i)'' before ``In this''; and
                (4) by adding at the end the following new clause:

        ``(ii) Within the executive branch, the Inspector General shall have
    sole authority to determine whether any complaint or information
    reported to the Inspector General is a matter of urgent concern under
    this paragraph.''.
    SEC. 503. CLARIFICATION OF REQUIREMENT FOR AUTHORIZATION OF
                            FUNDING FOR INTELLIGENCE ACTIVITIES.

        Paragraph (1) of section 504(a) of the National Security Act of 1947
    (50 U.S.C. 3094(a)) is amended to read as follows:
                ``(1) those funds were specifically authorized by Congress
            for use for such intelligence or intelligence-related
            activities; or''.
    SEC. 504. CONGRESSIONAL OVERSIGHT OF CONTROLLED ACCESS PROGRAMS.

        (a) In General.--Title V of the National Security Act of 1947 (50
    U.S.C. 3091 et seq.) is amended by inserting after section 501 the
    following new section (and conforming the table of contents at the
    beginning of such Act accordingly):
    ``SEC. 501A. <<NOTE: 50 USC 3091a.>>  CONGRESSIONAL OVERSIGHT OF
                              CONTROLLED ACCESS PROGRAMS.

        ``(a) Periodic Briefings.--
                ``(1) Requirement.--Not less frequently than semiannually or
            upon request by one of the appropriate congressional committees
            or a member of congressional leadership, the Director of
            National Intelligence shall provide to such committees and
            congressional leadership a briefing on each controlled access
            program in effect.
                ``(2) Contents.--Each briefing provided under paragraph (1)
            shall include, at a minimum, the following:

    [[Page 136 STAT. 987]]

                        ``(A) A description of the activity of the
                    controlled access programs during the period covered by
                    the briefing.
                        ``(B) <<NOTE: Records.>>  Documentation with respect
                    to how the controlled access programs have achieved
                    outcomes consistent with requirements documented by the
                    Director and, as applicable, the Secretary of Defense.

        ``(b) <<NOTE: Notification.>>  Limitation on Establishment.--A head
    of an element of the intelligence community may not establish a
    controlled access program, or a compartment or subcompartment therein,
    until the head notifies the appropriate congressional committees and
    congressional leadership of such controlled access program, compartment,
    or subcompartment, as the case may be.

        ``(c) Annual Reports.--
                ``(1) Requirement.--On an annual basis, the head of each
            element of the intelligence community shall submit to the
            appropriate congressional committees and congressional
            leadership a report on controlled access programs administered
            by the head.
                ``(2) <<NOTE: Lists.>>  Matters included.--Each report
            submitted under paragraph (1) shall include, with respect to the
            period covered by the report, the following:
                        ``(A) A list of all compartments and subcompartments
                    of controlled access programs active as of the date of
                    the report.
                        ``(B) A list of all compartments and subcompartments
                    of controlled access programs terminated during the
                    period covered by the report.
                        ``(C) <<NOTE: Certification.>>  With respect to the
                    report submitted by the Director of National
                    Intelligence, in addition to the matters specified in
                    clauses (A) and (B)--
                              ``(i) a certification regarding whether the
                          creation, validation, or substantial modification,
                          including termination, for all existing and
                          proposed controlled access programs, and the
                          compartments and subcompartments within each, are
                          substantiated and justified based on the
                          information required by clause (ii); and
                              ``(ii) for each certification--
                                        ``(I) the rationale for the
                                    revalidation, validation, or substantial
                                    modification, including termination, of
                                    each controlled access program,
                                    compartment, and subcompartment;
                                        ``(II) the identification of a
                                    control officer for each controlled
                                    access program; and
                                        ``(III) a statement of protection
                                    requirements for each controlled access
                                    program.

        ``(d) Definitions.--In this section:
                ``(1) Appropriate congressional committees.--The term
            `appropriate congressional committees' means--
                        ``(A) the congressional intelligence committees;
                        ``(B) the Committee on Appropriations of the Senate;
                    and
                        ``(C) the Committee on Appropriations of the House
                    of Representatives.
                ``(2) Congressional leadership.--The term `congressional
            leadership' means--
                        ``(A) the majority leader of the Senate;
                        ``(B) the minority leader of the Senate;

    [[Page 136 STAT. 988]]

                        ``(C) the Speaker of the House of Representatives;
                    and
                        ``(D) the minority leader of the House of
                    Representatives.
                ``(3) Controlled access program.--The term `controlled
            access program' means a program created or managed pursuant to
            Intelligence Community Directive 906, or successor directive.''.

        (b) First Reports.--
                (1) Requirement.--Not later than 180 days after the date of
            the enactment of this Act, the head of each element of the
            intelligence community shall submit to the appropriate
            congressional committees and congressional leadership a report
            on all controlled access programs of the element in effect.
                (2) Matters addressed.--Each report under paragraph (1)
            shall address, for each controlled access program covered by the
            report, the following:
                        (A) Date of initial operational capability.
                        (B) Rationale.
                        (C) Annual level of funding.
                        (D) Current operational use.

        (c) Briefing.--
                (1) <<NOTE: Deadline. Time period.>>  Requirement.--Not
            later than 90 days after the date of the enactment of this Act,
            the Director of National Intelligence shall provide to the
            appropriate congressional committees and congressional
            leadership a briefing on all controlled access programs
            established during the 3-year period preceding such date of
            enactment that have not been previously briefed to such
            committees and leadership.
                (2) Limitation.--If the Director does not carry out
            paragraph (1) by the date specified in that paragraph, no funds
            may be obligated or expended by an element of the intelligence
            community to carry out a controlled access program described in
            that paragraph, or a compartment or subcompartment therein,
            until the head of that element has provided to the appropriate
            congressional committees and congressional leadership a briefing
            on the controlled access program.

        (d) Definitions.--In this section, the terms ``appropriate
    congressional committees'', ``congressional leadership'', and
    ``controlled access programs'' have the meanings given those terms in
    section 501A of the National Security Act of 1947, as added by
    subsection (a).
        (e) Conforming Repeal.--Section 608 of the Intelligence
    Authorization Act for Fiscal Year 2017 (division N of Public Law 115-31;
    131 Stat. 833; 50 U.S.C. 3315) is amended by striking subsection (b).
    SEC. 505. ANNUAL REPORTS ON DOMESTIC ACTIVITIES OF INTELLIGENCE
                            COMMUNITY.

        (a) Sense of Congress.--It is the sense of Congress that--
                (1) the Federal Bureau of Investigation and the Department
            of Homeland Security conduct vital work in enforcing the rule of
            law and safeguarding the people of the United States from harm;
                (2) the Intelligence Reform and Terrorism Prevention Act of
            2004 (Public Law 108-458; 118 Stat. 3638) sought to facilitate

    [[Page 136 STAT. 989]]

            greater information sharing between law enforcement and
            intelligence communities for the purpose of thwarting attacks on
            the homeland from international terrorist organizations;
                (3) National Intelligence Program funds should be expended
            only in support of intelligence activities with a foreign nexus,
            consistent with the definition of ``intelligence'' provided by
            Congress in section 3 of the National Security Act of 1947 (50
            U.S.C. 3003); and
                (4) the intelligence community should not engage in the
            collection, assessment, or analysis of information that pertains
            exclusively to United States persons absent a foreign nexus.

        (b) Requirement.--Title V of the National Security Act of 1947 (50
    U.S.C. 3231 et seq.), is amended by adding at the end the following new
    section (and conforming the table of contents at the beginning of such
    Act accordingly):
    ``SEC. 513. <<NOTE: 50 USC 3112.>>  ANNUAL REPORTS ON THE DOMESTIC
                            ACTIVITIES OF THE INTELLIGENCE COMMUNITY.

        ``(a) Reports.--Not later than January 31 of each year, the Director
    of National Intelligence shall submit to the congressional intelligence
    committees a report--
                ``(1) identifying all domestic activities undertaken by each
            element of the intelligence community during the prior fiscal
            year; and
                ``(2) for each activity identified under paragraph (1), a
            statement of the legal authority authorizing such activity to be
            undertaken.

        ``(b) Form.--Each report under subsection (a) shall be submitted in
    unclassified form, but may include a classified annex.''.
        (c) <<NOTE: 50 USC 3112 note.>>  First Report.--Not later than 90
    days after the date of the enactment of this Act, the Director of
    National Intelligence shall submit to the appropriate congressional
    committees the first report required under section 513 of the National
    Security Act of 1947, as added by subsection (a).

        (d) Appropriate Congressional Committees Defined.--In this section,
    the term ``appropriate congressional committees'' means--
                (1) the congressional intelligence committees; and
                (2) the Subcommittees on Commerce, Justice, Science, and
            Related Agencies and the Subcommittees on Homeland Security of
            the Committees on Appropriations of the House of Representatives
            and the Senate.
    SEC. 506. REPORTS RELATING TO INSPECTOR GENERAL OF DEFENSE
                            INTELLIGENCE AGENCY.

        (a) Report on Responses by Inspector General to Substantiated
    Allegations.--
                (1) <<NOTE: Time period.>>  Report.--Not later than 180 days
            after the date of the enactment of this Act, the Director of the
            Defense Intelligence Agency shall submit to the appropriate
            congressional committees a report on allegations of reprisal or
            abuse of authority determined to be substantiated by the
            Inspector General of the Defense Intelligence Agency during the
            5-year period preceding the date of the enactment of this Act.
                (2) Matters included.--The report under paragraph (1) shall
            include, with respect to each allegation determined to be
            substantiated during the 5-year period specified in such
            paragraph, a description of the following:

    [[Page 136 STAT. 990]]

                        (A) Details of each substantiated allegation.
                        (B) The rank or grade of the individuals involved in
                    the allegation.
                        (C) <<NOTE: Recommenda- tions.>>  Any disciplinary
                    action recommended by the Inspector General in response
                    to the allegation, or, if the Inspector General
                    recommended no disciplinary action be taken in response,
                    any justification for such recommendation.
                        (D) Any disciplinary action taken by the relevant
                    manager of the Defense Intelligence Agency in response
                    to the allegation.
                        (E) Whether the relevant manager reduced, or
                    declined to take, a disciplinary action recommended by
                    the Inspector General in response to the allegation.
                        (F) Any justification from the relevant manager
                    regarding the decision to take, reduce, or decline to
                    take, a disciplinary action recommended by the Inspector
                    General in response to the allegation.
                        (G) The process by which Defense Intelligence Agency
                    management reviews and makes decisions regarding
                    disciplinary actions in response to substantiated
                    allegations, including--
                              (i) <<NOTE: Criteria.>>  the criteria applied
                          by management in making the decision to take,
                          reduce, or decline to take, a disciplinary action;
                              (ii) a description of which managers have the
                          authority to make such decisions, including the
                          rank or grade of the managers; and
                              (iii) a description of any formal or informal
                          appeals processes available with respect to such
                          decisions.
                (3) Form.--The report under paragraph (1) shall be submitted
            in unclassified form, but may include a classified annex.

        (b) Report on Processes for Ensuring Independence of Inspector
    General.--
                (1) Report.--Not later than 30 days after the date of the
            enactment of this Act, the Director of the Defense Intelligence
            Agency shall submit to the appropriate congressional committees
            and the Council of the Inspectors General on Integrity and
            Efficiency established under section 11 of the Inspector General
            Act of 1978 (5 U.S.C. App.) a report on the processes of the
            Defense Intelligence Agency for ensuring the independence of the
            position of the Inspector General of the Defense Intelligence
            Agency.
                (2) Matters included.--The report under paragraph (1) shall
            include a description of the following:
                        (A) The selection criteria used by the Director in
                    the appointment of the Inspector General.
                        (B) The methods used by the Director to ensure the
                    independence of the position of the Inspector General,
                    including--
                              (i) the process for vetting candidates for
                          such position for independence from leadership of
                          the Defense Intelligence Agency and from officials
                          occupying positions in the Defense Intelligence
                          Senior Executive Service; and
                              (ii) the process for evaluating such
                          candidates for conflicts of interest.

    [[Page 136 STAT. 991]]

                (3) Form.--The report under paragraph (1) shall be submitted
            in unclassified form, but may include a classified annex.

        (c) Assessment by Council of Inspectors General on Integrity and
    Efficiency.--
                (1) Assessment.--Not later than 120 days after the date of
            the enactment of this Act, the Council of the Inspectors General
            on Integrity and Efficiency shall--
                        (A) conduct an assessment of the effectiveness of
                    the selection criteria and methods specified in
                    subsection (b)(2) with respect to the position of the
                    Inspector General of the Defense Intelligence Agency;
                    and
                        (B) submit to the appropriate congressional
                    committees a report containing the results of such
                    assessment.
                (2) Form.--The report under paragraph (1)(B) shall be
            submitted in unclassified form, but may include a classified
            annex.

        (d) Appropriate Congressional Committees Defined.--In this section,
    the term ``appropriate congressional committees'' means--
                (1) the congressional intelligence committees; and
                (2) the Committees on Armed Services of the House of
            Representatives and the Senate.

       TITLE VI--ANOMALOUS HEALTH INCIDENTS AND OTHER HEALTH CARE MATTERS

    SEC. 601. COMPENSATION AND PROFESSIONAL STANDARDS FOR CERTAIN
                            MEDICAL OFFICERS OF CENTRAL INTELLIGENCE
                            AGENCY.

        The Central Intelligence Agency Act of 1949 (50 U.S.C. 3501 et
    seq.), as amended by section 411, is further amended by adding at the
    end the following new section:
    ``SEC. 27. <<NOTE: 50 USC 3528.>>  COMPENSATION AND PROFESSIONAL
                          STANDARDS FOR CERTAIN MEDICAL OFFICERS.

        ``(a) Office of Medical Services.--There is in the Agency an Office
    of Medical Services.
        ``(b) <<NOTE: Deadline.>>  Compensation.--Beginning not later than 1
    year after the date of the enactment of the Intelligence Authorization
    Act for Fiscal Year 2022, each medical officer of the Office of Medical
    Services who meets the qualifications under subsection (c) shall be
    compensated during a pay period pursuant to a pay range that is equal to
    the pay range published in the Federal Register pursuant to section
    7431(e)(1)(C) of title 38, United States Code (for the corresponding pay
    period), for a physician in the Veterans Health Administration in the
    District of Columbia region with a medical subspecialty that is the
    equivalent of the medical subspecialty of the officer.

        ``(c) Clinical Practice Qualifications.--A medical officer meets the
    qualifications under this subsection if the officer provides direct care
    services to patients in connection with the official duties of the
    officer and--
                ``(1) maintains current, active, full, and unrestricted
            licensure or registration as a physician from a State, the
            District

    [[Page 136 STAT. 992]]

            of Columbia, or a commonwealth or territory of the United
            States;
                ``(2) holds active board certification and maintains
            accreditation in an American Board of Medical Specialties direct
            care clinical specialty; and
                ``(3) except as provided in subsection (d), maintains a
            minimum of 96 hours per year of clinical practice in an
            accredited clinic or hospital facility that is not affiliated
            with the Central Intelligence Agency.

        ``(d) <<NOTE: Time period.>>  Exception for Overseas Service.--If a
    medical officer is a medical officer located in a duty station outside
    of the United States pursuant to a permanent change of station and
    greater than 50 percent of the official duties of the officer in such
    duty station involve direct patient care, the officer, in lieu of
    performing the minimum hours under subsection (c)(3) on an annual basis,
    may count up to 480 hours of clinical practice performed as specified in
    such subsection prior to such change of station, to fulfill in advance
    the requirement under such subsection for up to 3 years.

        ``(e) Clinical Practice Hours.--The head of the Office of Medical
    Services shall make available to medical officers excused absence time
    to allow for the maintenance of clinical practice hours in accordance
    with subsection (c)(3).''.
    SEC. 602. MEDICAL ADVISORY BOARD OF CENTRAL INTELLIGENCE AGENCY.

        (a) Establishment.--The Central Intelligence Agency Act of 1949 (50
    U.S.C. 3501 et seq.), as amended by section 601, is further amended by
    adding at the end the following new section:
    ``SEC. 28. <<NOTE: 50 USC 3529.>>  MEDICAL ADVISORY BOARD.

        ``(a) Establishment.--The Director shall establish within the Agency
    a medical advisory board (in this section referred to as the `Board').
        ``(b) Duties.--The Board shall--
                ``(1) conduct a study on the Office of Medical Services of
            the Agency, and submit reports regarding such study, in
            accordance with subsection (c); and
                ``(2) upon request, provide advice and guidance in
            connection with any independent review of the Office conducted
            by an inspector general.

        ``(c) Study.--
                ``(1) Objectives.--In conducting the study under subsection
            (b)(1), the Board shall seek to--
                        ``(A) contribute to the modernization and reform of
                    the Office of Medical Services;
                        ``(B) ensure that the activities of the Office are
                    of the highest professional quality; and
                        ``(C) ensure that all medical care provided by the
                    Office is provided in accordance with the highest
                    professional medical standards.
                ``(2) Reports.--The Board shall submit to the congressional
            intelligence committees, in writing--
                        ``(A) interim reports on the study; and
                        ``(B) a final report on the study, which shall--
                              ``(i) <<NOTE: Recommenda- tions.>>  set forth
                          in detail the findings of the study and the
                          recommendations of the Board, based on such
                          findings and taking into consideration the
                          objectives

    [[Page 136 STAT. 993]]

                          under paragraph (1), regarding any changes to the
                          activities of the Office of Medical Services; and
                              ``(ii) include, as applicable, any additional
                          or dissenting views submitted by a member of the
                          Board.

        ``(d) Membership.--
                ``(1) Number and appointment.--The Board shall be composed
            of 9 members, appointed as follows:
                        ``(A) 1 member appointed by the Speaker of the House
                    of Representatives.
                        ``(B) 1 member appointed by the minority leader of
                    the House of Representatives.
                        ``(C) 1 member appointed by the majority leader of
                    the Senate.
                        ``(D) 1 member appointed by the minority leader of
                    the Senate.
                        ``(E) 1 member appointed by the Chairman of the
                    Permanent Select Committee on Intelligence of the House
                    of Representatives.
                        ``(F) 1 member appointed by the ranking minority
                    member of the Permanent Select Committee on Intelligence
                    of the House of Representatives.
                        ``(G) 1 member appointed by the Chairman of the
                    Select Committee on Intelligence of the Senate.
                        ``(H) 1 member appointed by the Vice Chairman of the
                    Select Committee on Intelligence of the Senate.
                        ``(I) 1 member appointed by the Director of National
                    Intelligence.
                ``(2) Chairperson.--During the first meeting under
            subsection (e)(1), the members of the Board shall elect a
            Chairperson of the Board. In addition to meeting the criteria
            under paragraph (3), the Chairperson may not be an employee, or
            former employee, of the Agency.
                ``(3) Criteria.--The members appointed under paragraph (1)
            shall meet the following criteria:
                        ``(A) Each member shall be a recognized expert in at
                    least 1 medical field, as demonstrated by appropriate
                    credentials.
                        ``(B) Each member shall possess significant and
                    diverse medical experience, including clinical
                    experience.
                        ``(C) Each member shall be eligible to hold an
                    appropriate security clearance.
                ``(4) Terms.--
                        ``(A) In general.--Each member, including the
                    Chairperson, shall be appointed or elected, as
                    applicable, for the life of the Board.
                        ``(B) Vacancies.--Any vacancy in the Board occurring
                    prior to the expiration of the term under subparagraph
                    (A) shall be filled in the manner in which the original
                    appointment or election was made.
                ``(5) Compensation and travel expenses.--
                        ``(A) Compensation.--Except as provided in
                    subparagraph (B), each member of the Board, including
                    the Chairperson, may be compensated at not to exceed the
                    daily equivalent of the annual rate of basic pay in
                    effect for a position at level IV of the Executive
                    Schedule under section 5315 of title 5, United States
                    Code, for each day

    [[Page 136 STAT. 994]]

                    during which that member is engaged in the actual
                    performance of the duties under subsection (b).
                        ``(B) Exception for federal employees.--Members of
                    the Board, including the Chairperson, who are officers
                    or employees of the United States shall receive no
                    additional pay by reason of the service of the member on
                    the Board.
                        ``(C) Travel expenses.--Each member of the Board,
                    including the Chairperson, while away from the home or
                    regular places of business of the member in the
                    performance of services for the Board, may be allowed
                    travel expenses, including per diem in lieu of
                    subsistence, in the same manner as persons employed
                    intermittently in the Government service are allowed
                    expenses under section 5703 of title 5, United States
                    Code.
                ``(6) Detailees.--
                        ``(A) In general.--Upon request of the Board, the
                    Director of National Intelligence may detail to the
                    Board, without reimbursement from the Board, any of the
                    personnel of the Office of the Director of National
                    Intelligence to assist in carrying out the duties under
                    subsection (b). Any such detailed personnel shall retain
                    the rights, status, and privileges of the regular
                    employment of the personnel without interruption.
                        ``(B) Clearance.--Any personnel detailed to the
                    Board under subparagraph (A) shall possess a security
                    clearance in accordance with applicable laws and
                    regulations concerning the handling of classified
                    information.

        ``(e) <<NOTE: Time periods.>>  Meetings.--
                ``(1) Board meetings.--The Board shall meet not less
            frequently than on a quarterly basis.
                ``(2) Meetings with congress.--The Board shall meet with the
            congressional intelligence committees on a biannual basis.

        ``(f) Information Access.--
                ``(1) In general.--Except as provided in paragraph (2), the
            Board may secure directly from any department or agency of the
            United States Government information necessary to enable it to
            carry out the duties under subsection (b) and, upon request of
            the Chairperson of the Board, the head of that department or
            agency shall furnish such information to the Board.
                ``(2) Exception.--The Director (without delegation) may deny
            a request for information made by the Board pursuant to
            paragraph (1), regardless of the agency from which such
            information is requested.
                ``(3) <<NOTE: Deadline.>>  Notification requirement.--If the
            Director denies a request under paragraph (2), not later than 15
            days after the date of such denial, the Director shall submit to
            the congressional intelligence committees a written notification
            of such denial.
                ``(4) Briefings.--The Director shall ensure that the Board
            receives comprehensive briefings on all activities of the Office
            of Medical Services, including by promptly scheduling such
            briefings at the request of the Board.

        ``(g) Termination.--The Board shall terminate on the date that is 5
    years after the date of the first meeting of the Board.

    [[Page 136 STAT. 995]]

        ``(h) Definitions.--In this section, the terms `congressional
    intelligence committees' and `intelligence community' have the meanings
    given such terms in section 3 of the National Security Act of 1947 (50
    U.S.C. 3003).''.
        (b) <<NOTE: 50 USC 3529 note.>>  Deadline for Appointments; First
    Meetings.--
                (1) Deadline for appointments.--Each member of the medical
            advisory board established under section 28 of the Central
            Intelligence Agency Act of 1949 (as added by subsection (a)),
            including the Chairperson, shall be appointed or elected, as
            applicable, in accordance with subsection (d) of such section by
            not later than 45 days after the date of the enactment of this
            Act.
                (2) First board meeting.--Not later than 30 days after the
            first date on which at least 5 members of the Board described in
            paragraph (1) hold the security clearance and are able to access
            information in accordance with subsection (d)(3)(C) of such
            section 28, the Board shall meet. During such meeting, the
            Director of the Central Intelligence Agency shall provide to the
            Board a comprehensive briefing on all aspects of the Office of
            Medical Services of the Central Intelligence Agency.
                (3) First meeting with congress.--Not later than 30 days
            after the date of the briefing under paragraph (2), the Board
            described in such paragraph shall meet with the staff members of
            the congressional intelligence committees to discuss topics for
            the Board to examine in carrying out the duties under subsection
            (b) of such section 28.
    SEC. 603. CLARIFICATION OF EFFECT OF CERTAIN BENEFITS RELATING TO
                            INJURIES TO THE BRAIN.

        (a) Personnel of Central Intelligence Agency.--Section 19A(d) of the
    Central Intelligence Agency Act of 1949 (50 U.S.C. 3519b(d)) is amended
    by adding at the end the following new paragraph:
                ``(5) No effect on other benefits.--Payments made under
            paragraph (2) are supplemental to any other benefit furnished by
            the United States Government for which a covered dependent,
            covered employee, or covered individual is entitled, and the
            receipt of such payments may not affect the eligibility of such
            a person to any other benefit furnished by the United States
            Government.''.

        (b) Personnel of Department of State.--Section 901(i) of title IX of
    division J of the Further Consolidated Appropriations Act, 2020 (22
    U.S.C. 2680b(i)) is amended by adding at the end the following new
    paragraph:
                ``(5) No effect on other benefits.--Payments made under
            paragraph (2) are supplemental to any other benefit furnished by
            the United States Government for which a covered dependent,
            dependent of a former employee, covered employee, former
            employee, or covered individual is entitled, and the receipt of
            such payments may not affect the eligibility of such a person to
            any other benefit furnished by the United States Government.''.

    [[Page 136 STAT. 996]]

    SEC. 604. <<NOTE: 50 USC 3334j.>>  ACCESS TO CERTAIN FACILITIES OF
                            UNITED STATES GOVERNMENT FOR ASSESSMENT OF
                            ANOMALOUS HEALTH CONDITIONS.

        (a) Assessment.--The Director of National Intelligence shall ensure
    that the elements of the intelligence community provide to individuals
    described in subsection (c) who are experiencing symptoms of anomalous
    health conditions timely access for medical assessment to facilities of
    the United States Government with expertise in traumatic brain injury.
        (b) <<NOTE: Coordination. Deadline.>>  Process for Assessment and
    Treatment.--In carrying out subsection (a), the Director of National
    Intelligence shall coordinate with the Secretary of Defense and the
    heads of such Federal agencies as the Director considers appropriate to
    ensure that, by not later than 60 days after the date of the enactment
    of this Act, there is a process to provide the individuals described in
    subsection (c) with timely access to the National Intrepid Center of
    Excellence, an Intrepid Spirit Center, or an appropriate medical
    treatment facility for assessment as described in subsection (a) and, if
    necessary, treatment.

        (c) Individuals Described.--The individuals described in this
    subsection are employees of elements of the intelligence community and
    the dependents or other immediate family members of such employees.
    SEC. 605. <<NOTE: 50 USC 3334k.>>  REPORT ON PROTOCOLS FOR CERTAIN
                            INTELLIGENCE COMMUNITY EMPLOYEES AND
                            DEPENDENTS.

        (a) <<NOTE: President.>>  In General.--Beginning not later than 180
    days after the date of enactment of this Act, the President shall
    develop, for uniform implementation across the elements of the
    intelligence community, each of the protocols described in subsections
    (c) through (f). <<NOTE: Review.>>  Such protocols shall be subject to
    review and revision on a periodic basis, and any implementation of such
    protocols shall be conducted in accordance with applicable laws and
    current clinical and professional practices of the interagency medical
    community.

        (b) Privacy.--No data collected pursuant to any protocol under this
    section may be used for research or analytical purposes without the
    written consent of the individual from whom such data was collected with
    respect to such use.
        (c) Protocol on Baseline Medical Testing.--The protocol described in
    this subsection is a protocol for conducting voluntary baseline medical
    testing of covered employees, covered individuals, and the dependents of
    covered employees who are included on the overseas travel orders of the
    covered employee. Such protocol shall set forth the required elements of
    such baseline medical testing, such as--
                (1) standard lab collection and testing of relevant
            biofluids;
                (2) <<NOTE: Examinations.>>  the conduct of relevant visual
            and auditory examinations;
                (3) <<NOTE: Assessments.>>  the conduct of Acquired Brain
            Injury Tool assessments, or other relevant assessments for
            balance, eye motion, and cognition;
                (4) <<NOTE: Assessment.>>  the assessment of relevant
            medical histories; and
                (5) the conduct of any other standard relevant medical or
            neurological examinations, testing, or assessments.

        (d) <<NOTE: Coordination.>>  Protocols on Post-incident Medical
    Testing.--The protocols described in this subsection are protocols to
    enable voluntary medical testing and the coordination of treatment for
    covered

    [[Page 136 STAT. 997]]

    employees, covered individuals, and the dependents of covered employees,
    following a reported anomalous health incident, such as--
                (1) a protocol that sets forth elements, similar to the
            elements described in subsection (c), of such testing;
                (2) a protocol pertaining to the voluntary testing and
            treatment for victims of anomalous health incidents who are
            children;
                (3) a protocol for ensuring that all victims of anomalous
            health incidents receive access to prompt and consistent medical
            treatment, including from medical professionals holding
            appropriate security clearances and medical professionals with
            expertise in child care;
                (4) a protocol for ensuring that all victims of anomalous
            health incidents are offered options for psychological treatment
            for the effects of such incidents; and
                (5) a protocol for ensuring that any testing, evaluation, or
            collection of biofluids or other samples following a reported
            anomalous health incident may be compared against the baseline
            for the victim of the anomalous health incident, to the extent
            the individual participated in the baseline medical testing,
            consistent with subsections (b) and (c).

        (e) Protocol on Information Collection, Storage, and Safeguarding.--
    The protocol described in this subsection is a protocol for the
    collection, storage, and safeguarding of information acquired as a
    result of the protocols described in subsections (c) and (d).
        (f) Protocol on Reporting Mechanisms.--The protocol described in
    this subsection is a protocol for the reporting of matters relating to
    anomalous health incidents by covered employees, covered individuals,
    and the dependents of covered employees, including the development of a
    system for the adjudication of complaints regarding medical treatment
    received by such covered employees, covered individuals, and dependents
    of covered employees.
        (g) Report and Briefings.--
                (1) Report.--Not later than 180 days after the date of the
            enactment of this Act, the Director of National Intelligence
            shall submit to the appropriate congressional committees a
            report on the protocols described in subsections (c) through
            (f).
                (2) Elements.--Such report shall include the following
            elements:
                        (A) <<NOTE: Records.>>  A copy of each protocol
                    under this section.
                        (B) A description of the following:
                              (i) Any interagency agreements, authorities,
                          or policies required to effectively implement the
                          protocols under this section.
                              (ii) Any new facilities, medical equipment,
                          tools, training, or other resources required to
                          effectively implement such protocols.
                        (C) <<NOTE: Timeline. Proposal.>>  A timeline for
                    the implementation of the protocols under this section,
                    including a proposal for the prioritization of
                    implementation with respect to various categories of
                    covered employees and the dependents of covered
                    employees.

    [[Page 136 STAT. 998]]

                (3) <<NOTE: Deadline. Time period.>>  Briefing.--Not later
            than 60 days following the date of submission of the report
            under paragraph (1), and biannually thereafter, the Director
            shall provide to the appropriate congressional committees a
            briefing regarding the implementation of the protocols under
            this section.

        (h) Definitions.--In this section:
                (1) Appropriate congressional committees.--The term
            ``appropriate congressional committees'' means--
                        (A) the congressional intelligence committees; and
                        (B) the Committees on Armed Services of the House of
                    Representatives and the Senate.
                (2) Covered employee.--The term ``covered employee'' means
            an individual who is an employee, assignee, or detailee of an
            element of the intelligence community.
                (3) Covered individual.--The term ``covered individual''
            means a contractor to an element of the intelligence community.
                (4) Dependent of a covered employee.--The term ``dependent
            of a covered employee'' means, with respect to a covered
            employee, a family member (including a child), as defined by the
            Director of National Intelligence.
                (5) Victim of an anomalous health incident.--The term
            ``victim of an anomalous health incident'' means a covered
            employee, covered individual, or dependent of a covered
            employee, who is, or is suspected to have been, affected by an
            anomalous health incident.
    SEC. 606. INSPECTOR GENERAL OF CENTRAL INTELLIGENCE AGENCY
                            INSPECTION OF OFFICE OF MEDICAL SERVICES.

        (a) <<NOTE: Deadline. Coordination.>>  Inspection.--Not later than
    one year after the date of the enactment of this Act, the Inspector
    General of the Central Intelligence Agency, in coordination with, and
    with the support of, the Inspector General of the Intelligence
    Community, shall submit to the congressional intelligence committees a
    report containing an inspection of the responsibilities, authorities,
    resources, and performance of the Office of Medical Services of the
    Central Intelligence Agency (in this section referred to as the
    ``Office'').

        (b) Matters Included.--The inspection under subsection (a) shall
    include the following:
                (1) A detailed description of the responsibilities and
            authorities of the Office, as set forth in Federal law and any
            applicable regulation, policy, or other document of the Central
            Intelligence Agency.
                (2) A detailed description of the budgetary, human, and
            other resources available to the Office, including with respect
            to employees and any other personnel.
                (3) <<NOTE: Assessment.>>  An assessment of the ability of
            the Office to consistently discharge the responsibilities of the
            Office, with an emphasis on the provision of medical treatment
            and care by personnel of the Office, including with respect to--
                        (A) the roles of personnel of the Office, and of
                    senior officials of the Agency outside of the Office, in
                    determining what medical evaluation, treatment, and care
                    should be provided in a particular case, including the
                    provision of specialty care by medical personnel outside
                    of the Office;
                        (B) whether personnel of the Office consistently
                    provide appropriate and high-quality medical treatment
                    and care

    [[Page 136 STAT. 999]]

                    in accordance with standards set independently by the
                    professional medical community;
                        (C) whether the Office has sufficient human and
                    other resources, including personnel with specialized
                    background, qualifications, or expertise, to
                    consistently provide high-quality medical treatment and
                    care in accordance with standards set independently by
                    the professional medical community;
                        (D) <<NOTE: Verification.>>  whether personnel of
                    the Office, including personnel claiming specialized
                    medical backgrounds and expertise, are required by the
                    Agency to maintain current board certifications or other
                    certifications and licenses, and the extent to which the
                    Office verifies such certifications and licenses;
                        (E) the extent to which the Office makes consistent
                    and effective use of the specialized medical background,
                    qualifications, and expertise of the personnel of the
                    Office in providing medical treatment and care;
                        (F) <<NOTE: Assessment.>>  an assessment of whether
                    personnel of the Office who provide medical treatment
                    and care, or who make decisions with respect to such
                    treatment or care, are required to have extensive
                    clinical or other experience in directly treating
                    patients, including in areas requiring specialized
                    background, qualifications, or expertise;
                        (G) any factors that have frustrated or delayed the
                    provision of medical treatment and care by personnel of
                    the Office in significant cases; and
                        (H) any factors that have frustrated or could
                    frustrate prompt detection, effective oversight, and
                    swift remediation of problems within the Office,
                    including such factors that frustrate or delay the
                    provision of medical treatment and care in significant
                    cases.

        (c) Independent Advice.--In conducting the inspection under
    subsection (a), the Inspector General may obtain the advice of the
    medical advisory board established under section 28 of the Central
    Intelligence Agency Act of 1949 (as added by section 602).
        (d) Form.--The report under subsection (a) shall be submitted in an
    unclassified form to the extent practicable, consistent with the
    protection of intelligence sources and methods, but may include a
    classified annex.

                TITLE VII--MATTERS RELATING TO FOREIGN COUNTRIES

                      Subtitle A--Matters Relating to China

    SEC. 701. UPDATES TO ANNUAL REPORTS ON INFLUENCE OPERATIONS AND
                            CAMPAIGNS IN THE UNITED STATES BY THE
                            CHINESE COMMUNIST PARTY.

        Section 1107(b) of the National Security Act of 1947 (50 U.S.C.
    3237(b)) is amended--
                (1) by redesignating paragraph (9) as paragraph (10); and
                (2) by inserting after paragraph (8) the following new
            paragraph:

    [[Page 136 STAT. 1000]]

                ``(9) <<NOTE: List.>>  A listing of all known Chinese talent
            recruitment programs operating in the United States as of the
            date of the report.''.
    SEC.
                            702. <<NOTE: Deadline. Consultation. Determination. Analysis.>>
                            ASSESSMENT OF GENOMIC COLLECTION BY CHINA.

        (a) Assessment Submitted to Congressional Intelligence Committees.--
                (1) Requirement.--Not later than 180 days after the date of
            the enactment of this Act, the Director of National
            Intelligence, in consultation with the heads of other entities
            of the United States Government the Director determines
            appropriate, shall submit to the congressional intelligence
            committees an assessment of the plans, intentions, capabilities,
            and resources of China devoted to biotechnology, and the
            objectives underlying those plans, intentions, capabilities, and
            resources.
                (2) Elements.--The assessment under paragraph (1) shall
            include--
                        (A) a detailed analysis of efforts undertaken by
                    China to acquire foreign-origin biotechnology, research
                    and development, and genetic information, including
                    technology owned by United States companies, research by
                    United States institutions, and the genetic information
                    of United States citizens;
                        (B) identification of China-based organizations
                    conducting or directing efforts described in
                    subparagraph (A), including information about the ties
                    between those organizations and the Chinese government,
                    the Chinese Communist Party, or the People's Liberation
                    Army; and
                        (C) a detailed analysis of the resources of the
                    intelligence community devoted to biotechnology,
                    including synthetic biology and genomic-related issues,
                    and a plan to improve understanding of these issues and
                    ensure the intelligence community has the requisite
                    expertise.
                (3) Form.--The assessment under paragraph (1) shall be
            submitted in unclassified form, but may include a classified
            annex.

        (b) Assessment Submitted to Certain Other Committees.--
                (1) Requirement.--Not later than 180 days after the date of
            the enactment of this Act, the Director of National
            Intelligence, in consultation with the heads of other entities
            of the United States Government the Director determines
            appropriate, shall submit to the appropriate congressional
            committees an assessment of the plans, intentions, capabilities,
            and resources of China devoted to biotechnology, and the
            objectives underlying those plans, intentions, capabilities, and
            resources.
                (2) Elements.--The assessment required by paragraph (1)
            shall include the elements described in subparagraphs (A) and
            (B) of subsection (a)(2).
                (3) Form.--The assessment under paragraph (1) shall be
            submitted in unclassified form.
                (4) Appropriate congressional committees defined.--In this
            subsection, the term ``appropriate congressional committees''
            means--
                        (A) the Committee on Armed Services, the Committee
                    on Health, Education, Labor, and Pensions, and the
                    Committee on Foreign Relations of the Senate; and

    [[Page 136 STAT. 1001]]

                        (B) the Committee on Armed Services, the Committee
                    on Energy and Commerce, and the Committee on Foreign
                    Affairs of the House of Representatives.
    SEC. 703. REPORT ON THREAT POSED BY EMERGING CHINESE TECHNOLOGY
                            COMPANIES.

        (a) <<NOTE: Consultation.>>  Report.--Not later than 180 days after
    the date of the enactment of this Act, the Director of National
    Intelligence, in consultation with the Assistant Secretary of the
    Treasury for Intelligence and Analysis and the Director of the Federal
    Bureau of Investigation, and consistent with the protection of
    intelligence sources and methods, shall submit to the appropriate
    congressional committees a report on the threat to the economic and
    security interests of the United States posed by emerging Chinese
    technology companies.

        (b) <<NOTE: Assessments.>>  Matters Included.--The report under
    subsection (a) shall include the following:
                (1) An assessment of the threat to the economic and security
            interests of the United States posed by emerging Chinese
            technology companies, including with respect to--
                        (A) the practices of such companies and the
                    relationships of such companies to the government of
                    China and the Chinese Communist Party;
                        (B) the extent to which such companies benefit from
                    government financing or contracting vehicles outside of
                    China;
                        (C) the extent to which such companies facilitate
                    the targeting of dissidents and other vulnerable
                    populations;
                        (D) the market penetration of such companies among
                    allies and strategic partners of the United States;
                        (E) the security of the communications, data, and
                    commercial interests of consumer and commercial end-
                    users of the products of such companies; and
                        (F) the privacy interests of such consumers and
                    commercial end-users.
                (2) An assessment of the ability of the United States to
            counter any such threat, including with respect to different
            tools that could counter such a threat.

        (c) <<NOTE: Summary.>>  Form.--The report under subsection (a) may
    be submitted in classified form, but if so submitted shall include an
    unclassified executive summary.

        (d) Definitions.--In this section:
                (1) Appropriate congressional committees.--The term
            ``appropriate congressional committees'' means--
                        (A) the congressional intelligence committees;
                        (B) the Committees on Armed Services of the House of
                    Representatives and the Senate;
                        (C) the Subcommittees on Commerce, Justice, Science,
                    and Related Agencies and the Subcommittees on Financial
                    Services and General Government of the Committees on
                    Appropriations of the House of Representatives and the
                    Senate; and
                        (D) the Committee on Energy and Commerce of the
                    House of Representatives and the Committee on Commerce,
                    Science, and Transportation of the Senate.
                (2) Emerging chinese technology companies.--The term
            ``emerging Chinese technology companies'' means a Chinese

    [[Page 136 STAT. 1002]]

            technology company, including a company listed on the Science
            and Technology Innovation Board of the Shanghai Stock Exchange,
            that the Assistant Secretary of the Treasury for Intelligence
            and Analysis determines poses a significant threat to the
            national security of the United States.
    SEC. 704. REPORT AND BRIEFING ON COOPERATION BETWEEN CHINA AND
                            UNITED ARAB EMIRATES.

        (a) <<NOTE: Consultation. Determination.>>  Requirement.--Not later
    than 60 days after the date of the enactment of this Act, the Director
    of National Intelligence, in consultation with the heads of elements of
    the intelligence community that the Director determines appropriate, and
    consistent with the protection of intelligence sources and methods,
    shall provide to the appropriate congressional committees a briefing,
    and submit to the appropriate congressional committees a report,
    containing the following:
                (1) Details on the cooperation between China and the United
            Arab Emirates regarding defense, security, technology, and other
            strategically sensitive matters that implicate the national
            security interests of the United States.
                (2) <<NOTE: Time period. Assessment.>>  The most recent (as
            of the date of the report or briefing, as the case may be)
            quarterly assessment by the intelligence community of measures
            that the United Arab Emirates has implemented to safeguard
            technology of the United States and the reliability of any
            assurances by the United Arab Emirates (with respect to both
            current assurances and assurances being considered as of such
            date).
                (3) <<NOTE: Certification.>>  A certification by the
            Director regarding whether such assurances described in
            paragraph (2) are viable and sufficient to protect technology of
            the United States from being transferred to China or other third
            parties.

        (b) <<NOTE: Summary.>>  Form.--The report under subsection (a) may
    be submitted in classified form, but if so submitted shall include an
    unclassified executive summary.

        (c) Appropriate Congressional Committees Defined.--In this section,
    the term ``appropriate congressional committees'' means--
                (1) the congressional intelligence committees;
                (2) the Committee on Armed Services and the Committee on
            Foreign Affairs of the House of Representatives; and
                (3) the Committee on Armed Services and the Committee on
            Foreign Relations of the Senate.
    SEC. 705. REPORT ON CREATION OF OFFICIAL DIGITAL CURRENCY BY
                            CHINA.

        (a) <<NOTE: President.>>  Report.--Not later than 1 year after the
    date of the enactment of this Act, the President, consistent with the
    protection of intelligence sources and methods, shall transmit to the
    appropriate congressional committees a report on the short-, medium-,
    and long-term national security risks associated with the creation and
    use of the official digital renminbi of China, including--
                (1) risks arising from potential surveillance of
            transactions;
                (2) risks relating to security and illicit finance; and
                (3) risks relating to economic coercion and social control
            by China.

        (b) Form.--The report under subsection (a) shall be submitted in
    unclassified form, but may include a classified annex.

    [[Page 136 STAT. 1003]]

        (c) Appropriate Congressional Committees Defined.--In this section,
    the term ``appropriate congressional committees'' means--
                (1) the congressional intelligence committees;
                (2) the Committee on Banking, Housing, and Urban Affairs,
            the Committee on Foreign Relations, and the Committee on
            Appropriations of the Senate; and
                (3) the Committee on Financial Services, the Committee on
            Foreign Affairs, and the Committee on Appropriations of the
            House of Representatives.
    SEC. 706. REPORT ON INFLUENCE OF CHINA THROUGH BELT AND ROAD
                            INITIATIVE PROJECTS WITH OTHER COUNTRIES.

        (a) Report.--Not later than 180 days after the date of the enactment
    of this Act, the Director of National Intelligence, consistent with the
    protection of intelligence sources and methods, shall submit to the
    appropriate congressional committees a report on recent projects
    negotiated by China with other countries as part of the Belt and Road
    Initiative of China. The Director shall include in the report
    information about the types of such projects, costs of such projects,
    and the potential national security implications of such projects.
        (b) Form.--The report under subsection (a) shall be submitted in
    unclassified form, but may include a classified annex.
        (c) Appropriate Congressional Committees Defined.--In this section,
    the term ``appropriate congressional committees'' means--
                (1) the congressional intelligence committees;
                (2) the Committee on Foreign Relations of the Senate; and
                (3) the Committee on Foreign Affairs of the House of
            Representatives.
    SEC. 707. REPORT ON EFFORTS OF CHINESE COMMUNIST PARTY TO ERODE
                            FREEDOM AND AUTONOMY IN HONG KONG.

        (a) Report.--Not later than 180 days after the date of the enactment
    of this Act, the Director of National Intelligence, consistent with the
    protection of intelligence sources and methods, shall submit to the
    appropriate congressional committees a report on efforts of the Chinese
    Communist Party to stifle political freedoms in Hong Kong, influence or
    manipulate the judiciary of Hong Kong, destroy freedom of the press and
    speech in Hong Kong, and take actions to otherwise undermine the
    democratic processes of Hong Kong.
        (b) <<NOTE: Assessment.>>  Contents.--The report submitted under
    subsection (a) shall include an assessment of the implications of the
    efforts of the Chinese Communist Party described in such subsection for
    international business, investors, academic institutions, and other
    individuals operating in Hong Kong.

        (c) Form.--The report under subsection (a) shall be submitted in
    unclassified form, but may include a classified annex.
        (d) Appropriate Congressional Committees.--In this section, the term
    ``appropriate congressional committees'' means--
                (1) the congressional intelligence committees;
                (2) the Committee on Foreign Relations and the Committee on
            Banking, Housing, and Urban Affairs of the Senate; and
                (3) the Committee on Foreign Affairs and the Committee on
            Financial Services of the House of Representatives.

    [[Page 136 STAT. 1004]]

    SEC. 708. <<NOTE: Assessments.>>  REPORT ON TARGETING OF RENEWABLE
                            SECTORS BY CHINA.

        (a) Report.--Not later than 180 days after the date of the enactment
    of this Act, the Director of National Intelligence, consistent with the
    protection of intelligence sources and methods, shall submit to the
    appropriate congressional committees a report assessing the efforts and
    advancements of China in the wind power, solar power, and electric
    vehicle battery production sectors (or key components of such sectors).
        (b) Contents.--The report under subsection (b) shall include the
    following:
                (1) An assessment of how China is targeting rare earth
            minerals and the effect of such targeting on the sectors
            described in subsection (a).
                (2) Details of the use by the Chinese Communist Party of
            state-sanctioned forced labor schemes, including forced labor
            and the transfer of Uyghurs and other ethnic groups, and other
            human rights abuses in such sectors.

        (c) Form.--The report under subsection (a) shall be submitted in
    unclassified form, but may include a classified annex.
        (d) Appropriate Congressional Committees Defined.--In this section,
    the term ``appropriate congressional committees'' means--
                (1) the congressional intelligence committees;
                (2) the Committee on Foreign Relations of the Senate; and
                (3) the Committee on Foreign Affairs of the House of
            Representatives.

                 Subtitle B--Matters Relating to Other Countries

    SEC. 711. NATIONAL INTELLIGENCE ESTIMATE ON SECURITY SITUATION IN
                            AFGHANISTAN AND RELATED REGION.

        (a) Requirement.--The Director of National Intelligence, acting
    through the National Intelligence Council, shall produce a National
    Intelligence Estimate on the situation in Afghanistan and the covered
    region.
        (b) <<NOTE: Time period. Effective date.>>  Matters.--The National
    Intelligence Estimate produced under subsection (a) shall include, with
    respect to the 2-year period beginning on the date on which the Estimate
    is produced, an assessment of the following:
                (1) The presence in Afghanistan (including financial
            contributions to the Taliban, political relations with the
            Taliban, military presence in the covered region, economic
            presence in the covered region, and diplomatic presence in the
            covered region) of China, Iran, Pakistan, Russia, and any other
            foreign country determined relevant by the Director,
            respectively, and an assessment of the potential risks, or
            benefits, of any such presence, contributions, or relations.
                (2) Any change in the threat to the United States homeland
            or United States entities abroad as a result of the withdrawal
            of the Armed Forces from Afghanistan on August 31, 2021,
            including an assessment of the risk of al-Qaeda or any
            affiliates thereof, the Islamic State of Iraq and ash Sham-
            Khorasan or any affiliates thereof, or any other similar
            international

    [[Page 136 STAT. 1005]]

            terrorist group, using Afghanistan as a safe haven for launching
            attacks on the United States and its interests abroad.
                (3) <<NOTE: Assessment.>>  The political composition and
            sustainability of the governing body of Afghanistan, including
            an assessment of the ability of the United States Government to
            influence the policies of such governing body on the following:
                        (A) Counterterrorism.
                        (B) Counternarcotics.
                        (C) Human rights (particularly regarding women and
                    girls and traditionally targeted ethnic groups).
                        (D) The treatment and safe transit of Afghans
                    holding special immigrant visa status under section 602
                    of the Afghan Allies Protection Act of 2009 (8 U.S.C.
                    1101 note) and other Afghans who, during the period
                    beginning in 2001, assisted efforts of the United States
                    in Afghanistan or the covered region.
                (4) The effect on the covered region, and Europe, of
            refugees leaving Afghanistan.
                (5) <<NOTE: Assessment.>>  The commitments of the Taliban
            relating to counterterrorism, including an assessment of--
                        (A) whether such commitments required under the
                    agreement entered into between the United States
                    Government and the Taliban in February 2020, have been
                    tested, or will be tested during the 2-year period
                    covered by the Estimate, and what such commitments
                    entail;
                        (B) whether any additional commitments relating to
                    counterterrorism agreed to by the Taliban pursuant to
                    subsequent negotiations with the United States
                    Government following February 2020, have been tested, or
                    will be tested during the 2-year period covered by the
                    Estimate, and, if applicable, what such commitments
                    entail;
                        (C) any benchmarks against which the Taliban are to
                    be evaluated with respect to commitments relating to
                    counterterrorism; and
                        (D) the intentions and capabilities of the Taliban
                    with respect to counterterrorism (as such term is
                    understood by the United States and by the Taliban,
                    respectively), including the relations of the Taliban
                    with al-Qaeda or any affiliates thereof, the Islamic
                    State of Iraq and ash Sham-Khorasan or any affiliates
                    thereof, or any other similar international terrorist
                    group.

        (c) Submission to Congress.--
                (1) Submission.--Not later than one year after the date of
            the enactment of this Act, the Director shall submit to the
            appropriate congressional committees the National Intelligence
            Estimate produced under subsection (a). In so submitting the
            Estimate to the congressional intelligence committees, the
            Director shall include all intelligence reporting underlying the
            Estimate.
                (2) <<NOTE: Classified information.>>  Form.--The National
            Intelligence Estimate shall be submitted under paragraph (1) in
            classified form.

        (d) <<NOTE: Web posting.>>  Public Version.--Consistent with the
    protection of intelligence sources and methods, at the same time as the
    Director submits to the appropriate congressional committees the
    National Intelligence Estimate under subsection (c), the Director shall
    make publicly available on the internet website of the Director an

    [[Page 136 STAT. 1006]]

    unclassified version of the key findings of the National Intelligence
    Estimate.

        (e) Definitions.--In this section:
                (1) Appropriate congressional committees.--The term
            ``appropriate congressional committees'' means--
                        (A) the congressional intelligence committees; and
                        (B) the Committees on Armed Services of the House of
                    Representatives and the Senate.
                (2) Covered region.--The term ``covered region'' includes
            the following countries:
                        (A) China.
                        (B) The Gulf Cooperation Council countries,
                    including Qatar, Saudi Arabia, the United Arab Emirates.
                        (C) India.
                        (D) Iran.
                        (E) Pakistan.
                        (F) Tajikistan.
                        (G) Turkey.
                        (H) Turkmenistan.
                        (I) Uzbekistan.
                (3) United states entity.--The term ``United States entity''
            means a citizen of the United States, an embassy or consulate of
            the United States, or an installation, facility, or personnel of
            the United States Government.
    SEC. 712. REPORT ON INTELLIGENCE COLLECTION POSTURE AND OTHER
                            MATTERS RELATING TO AFGHANISTAN AND
                            RELATED REGION.

        (a) <<NOTE: Consultation.>>  Report.--Not later than 90 days after
    the date of the enactment of this Act, the Director of National
    Intelligence, in consultation with the heads of elements of the
    intelligence community determined relevant by the Director, shall submit
    to the congressional intelligence committees a report on the collection
    posture of the intelligence community and other matters relating to
    Afghanistan and the covered region.

        (b) <<NOTE: Assessments.>>  Matters.--The report under subsection
    (a) shall include the following:
                (1) A detailed description of the collection posture of the
            intelligence community with respect to Afghanistan, including
            with respect to the following:
                        (A) The countering of terrorism threats that are
                    directed at the United States homeland or United States
                    entities abroad.
                        (B) The finances of the Taliban, including financial
                    and nonfinancial contributions to the Taliban from
                    foreign countries (particularly from China, Iran,
                    Russia, and any other foreign country in the Arab Gulf
                    region (or elsewhere) determined relevant by the
                    Director, respectively).
                        (C) The detection, and prevention of, any increased
                    threat to the United States homeland or United States
                    entities abroad as a result of the withdrawal of the
                    United States Armed Forces from Afghanistan on August
                    31, 2021, including any such increased threat resulting
                    from al-Qaeda or any affiliates thereof, the Islamic
                    State of Iraq and ash Sham-Khorasan or any affiliates
                    thereof, or any other similar international terrorist
                    group, using Afghanistan as a safe harbor.

    [[Page 136 STAT. 1007]]

                (2) A detailed description of any plans, strategies, or
            efforts to improve the collection posture described in paragraph
            (1)(A), including by filling any gaps identified pursuant to
            such paragraph.
                (3) An assessment of the effect of publicly documenting
            abuses engaged in by the Taliban, and a description of the
            efforts of the intelligence community to support other
            departments and agencies in the Federal Government with respect
            to the collection and documentation of such abuses.
                (4) An assessment of the relationship between the
            intelligence community and countries in the covered region,
            including an assessment of the following:
                        (A) Intelligence and information sharing with such
                    countries.
                        (B) Any change in the collection posture of the
                    intelligence community with respect to the nuclear
                    activities of such countries as a result of the
                    withdrawal of the United States Armed Forces from
                    Afghanistan on August 31, 2021.
                        (C) The collection posture of the intelligence
                    community with respect to the presence of such countries
                    in Afghanistan (including financial contributions to the
                    Taliban, political relations with the Taliban, military
                    presence in Afghanistan, economic presence in
                    Afghanistan, and diplomatic presence in Afghanistan) and
                    the understanding of the intelligence community
                    regarding the potential risks, or benefits, of any such
                    presence, contributions, or relations.
                        (D) The ability of the intelligence community to use
                    the airspace of any such countries.
                (5) An assessment of any financial contributions to the
            Taliban from foreign countries (particularly from China, Iran,
            Russia, and any other foreign country in the Arab Gulf region
            (or elsewhere) determined relevant by the Director,
            respectively) made during the year preceding the withdrawal of
            the United States Armed Forces from Afghanistan on August 31,
            2021.

        (c) Form.--The report under subsection (a) may be submitted in
    classified form, but shall include an unclassified summary.
        (d) <<NOTE: Time period. Consultation.>>  Biannual Updates.--On a
    biannual basis during the 5-year period following the date of the
    submission of the report under subsection (a), the Director of National
    Intelligence, in consultation with the heads of the elements of the
    intelligence community determined relevant by the Director, shall submit
    to the congressional intelligence committees an update to such report.

        (e) Definitions.--In this section:
                (1) Covered region.--The term ``covered region'' includes
            the following countries:
                        (A) China.
                        (B) The Gulf Cooperation Council countries,
                    including Qatar, Saudi Arabia, the United Arab Emirates.
                        (C) India.
                        (D) Iran.
                        (E) Pakistan.
                        (F) Tajikistan.
                        (G) Turkey.
                        (H) Turkmenistan.
                        (I) Uzbekistan.

    [[Page 136 STAT. 1008]]

                (2) United states entity.--The term ``United States entity''
            means a citizen of the United States, an embassy or consulate of
            the United States, or an installation, facility, or personnel of
            the United States Government.
    SEC. 713. REPORT ON PROPAGATION OF EXTREMIST IDEOLOGIES FROM SAUDI
                            ARABIA.

        (a) <<NOTE: Consultation.>>  Report.--Not later than May 30, 2022,
    the Director of National Intelligence, in consultation with other
    relevant Federal departments and agencies, and consistent with the
    protection of intelligence sources and methods, shall submit to the
    appropriate congressional committees a report on the threat of extremist
    ideologies propagated from Saudi Arabia and the failure of the
    Government of Saudi Arabia to prevent the propagation of such
    ideologies. Such report shall include a detailed description of--
                (1) the role of governmental and nongovernmental entities
            and individuals of Saudi Arabia in promoting, funding, and
            exporting ideologies, including so-called ``Wahhabist
            ideology'', that inspire extremism or extremist groups in other
            countries; and
                (2) the practical and strategic consequences for vital
            national security interests of the United States as a result of
            such promotion, funding, or export.

        (b) Form.--The report under subsection (a) shall be submitted in
    unclassified form, but may include a classified annex.
        (c) Appropriate Congressional Committees Defined.--In this section,
    the term ``appropriate congressional committees'' means--
                (1) the congressional intelligence committees;
                (2) the Committee on Armed Services and the Committee on
            Foreign Affairs of the House of Representatives; and
                (3) the Committee on Armed Services and the Committee on
            Foreign Relations of the Senate.
    SEC. 714. REPORT ON LIKELIHOOD OF MILITARY ACTION BY COUNTRIES OF
                            THE SOUTH CAUCASUS.

        (a) <<NOTE: Assessment.>>  Report.--Not later than 90 days after the
    date of the enactment of this Act, the Director of National
    Intelligence, consistent with the protection of intelligence sources and
    methods, shall submit to the appropriate congressional committees a
    report assessing the likelihood of a South Caucasus country taking
    military action against another country (including in Nagorno-Karabakh
    or any other disputed territory). Such report shall include an
    indication of the strategic balance in the region, including with
    respect to the offensive military capabilities of each South Caucasus
    country.

        (b) Form.--The report under subsection (a) shall be submitted in
    unclassified form, but may include a classified annex.
        (c) Definitions.--In this section:
                (1) Appropriate congressional committees.--The term
            ``appropriate congressional committees'' means--
                        (A) the congressional intelligence committees;
                        (B) the Committee on Armed Services and the
                    Committee on Foreign Affairs of the House of
                    Representatives; and
                        (C) the Committee on Armed Services and the
                    Committee on Foreign Relations of the Senate.

    [[Page 136 STAT. 1009]]

                (2) South caucasus country.--The term ``South Caucasus
            country'' means any of the following:
                        (A) Armenia.
                        (B) Azerbaijan.
                        (C) Georgia.
    SEC. 715. REPORT ON NORD STREAM II COMPANIES AND INTELLIGENCE
                            TIES.

        (a) <<NOTE: Consultation. Determination.>>  Report.--Not later than
    30 days after the date of the enactment of this Act, the Director of
    National Intelligence, consistent with the protection of intelligence
    sources and methods, and in consultation with the heads of other
    departments and agencies of the United States Government as the Director
    determines appropriate, shall submit to the appropriate congressional
    committees a report on Nord Stream II efforts, including--
                (1) an unclassified list of all companies supporting the
            Nord Stream II project; and
                (2) <<NOTE: Update. Assessment.>>  an updated assessment of
            current or former ties between Nord Stream's Chief Executive
            Officer and Russian, East German, or other hostile intelligence
            agencies.

        (b) Form.--The report under subsection (a) shall be submitted in
    unclassified form, but may include a classified annex.
        (c) Appropriate Congressional Committees Defined.--In this section,
    the term ``appropriate congressional committees'' means--
                (1) the congressional intelligence committees;
                (2) the Committee on Armed Services, the Committee on
            Commerce, Science, and Transportation, the Committee on Banking,
            Housing, and Urban Affairs, the Committee on Foreign Relations,
            and the Committee on Appropriations of the Senate; and
                (3) the Committee on Armed Services, the Committee on Energy
            and Commerce, the Committee on Financial Services, the Committee
            on Foreign Affairs, and the Committee on Appropriations of the
            House of Representatives.
    SEC. 716. ASSESSMENT OF ORGANIZATION OF DEFENSIVE INNOVATION AND
                            RESEARCH ACTIVITIES.

        (a) <<NOTE: Determination.>>  Assessment.--Not later than 120 days
    after the date of the enactment of this Act, the Director of National
    Intelligence, consistent with the protection of intelligence sources and
    methods, and in consultation with the heads of other departments and
    agencies of the United States Government as the Director determines
    appropriate, shall submit to the appropriate congressional committees an
    assessment of the activities and objectives of the Organization of
    Defensive Innovation and Research. The Director shall include in the
    assessment information about the composition of the organization, the
    relationship of the personnel of the organization to any research on
    weapons of mass destruction, and any sources of financial and material
    support that such organization receives, including from the Government
    of Iran.

        (b) Form.--The assessment under subsection (a) shall be submitted in
    unclassified form, but may include a classified annex.
        (c) Appropriate Congressional Committees Defined.--In this section,
    the term ``appropriate congressional committees'' means--
                (1) the congressional intelligence committees;

    [[Page 136 STAT. 1010]]

                (2) the Committee on Armed Services, the Committee on
            Foreign Relations, and the Committee on Appropriations of the
            Senate; and
                (3) the Committee on Armed Services, the Committee on
            Foreign Affairs, and the Committee on Appropriations of the
            House of Representatives.
    SEC. 717. <<NOTE: Consultation.>>  REPORT ON EFFECTS OF ECONOMIC
                            SANCTIONS BY UNITED STATES.

        (a) Report.--Not later than 180 days after the date of the enactment
    of this Act, the Director of National Intelligence, in consultation with
    the Assistant Secretary of the Treasury for Intelligence and Analysis,
    shall submit to the appropriate congressional committees a report on the
    effects of economic sanctions imposed by the United States.
        (b) Matters Included.--The report under subsection (a) shall--
                (1) cover entities, individuals, and governments that the
            Director, in consultation with the Assistant Secretary of the
            Treasury for Intelligence and Analysis, determines appropriate
            as case studies for the purposes of the report, including with
            respect to China and Iran; and
                (2) <<NOTE: Assessments.>>  include--
                        (A) an assessment of whether economic sanctions
                    imposed by the United States on entities, individuals,
                    or governments have constrained, modified, or otherwise
                    affected the ability of the individuals, entities, or
                    governments to continue the activities for which they
                    were sanctioned; and
                        (B) an assessment of the effectiveness of imposing
                    additional sanctions.

        (c) <<NOTE: Summary.>>  Form.--The report under subsection (a) may
    be submitted in classified form, but if so submitted shall include an
    unclassified executive summary.

        (d) Appropriate Congressional Committees Defined.--In this section,
    the term ``appropriate congressional committees'' means--
                (1) the congressional intelligence committees;
                (2) the Subcommittees on Financial Services and General
            Government of the Committees on Appropriations of the House of
            Representatives and the Senate;
                (3) the Committee on Foreign Affairs and the Committee on
            Energy and Commerce of the House of Representatives; and
                (4) the Committee on Foreign Relations and the Committee on
            Commerce, Science, and Transportation of the Senate.

    [[Page 136 STAT. 1011]]

                      TITLE VIII--REPORTS AND OTHER MATTERS

                    Subtitle A--Matters Relating to Personnel

    SEC. 801. PERIODIC REPORT ON POSITIONS IN INTELLIGENCE COMMUNITY
                            THAT CAN BE CONDUCTED WITHOUT ACCESS TO
                            CLASSIFIED INFORMATION, NETWORKS, OR
                            FACILITIES.

        Section 6610 of the Damon Paul Nelson and Matthew Young Pollard
    Intelligence Authorization Act for Fiscal Years 2018, 2019, and 2020 (50
    U.S.C. 3352e) is amended--
                (1) by striking ``this Act and not less frequently than once
            every 5 years thereafter,'' and inserting ``this Act, and
            biennially thereafter,''; and
                (2) by adding at the end the following new sentence: ``Such
            report shall take into account the potential effect of
            maintaining continuity of operations during a covered national
            emergency (as defined by section 303 of the Intelligence
            Authorization Act for Fiscal Year 2021 (division W of Public Law
            116-260)) and the assessed needs of the intelligence community
            to maintain such continuity of operations.''.
    SEC. 802. IMPROVEMENTS TO ANNUAL REPORT ON DEMOGRAPHIC DATA OF
                            EMPLOYEES OF INTELLIGENCE COMMUNITY.

        Section 5704(c) of the Damon Paul Nelson and Matthew Young Pollard
    Intelligence Authorization Act for Fiscal Years 2018, 2019, and 2020 (50
    U.S.C. 3334b(c)) is amended--
                (1) in the matter preceding paragraph (1), by striking
            ``After making available a report under subsection (b), the
            Director of National Intelligence shall annually provide a
            report'' and inserting ``Not later than March 31 of each year,
            the Director of National Intelligence shall provide a report'';
            and
                (2) by striking paragraph (1) and inserting the following
            new paragraph:
                ``(1) demographic data and information on the status of
            diversity and inclusion efforts of the intelligence community,
            including demographic data relating to--
                        ``(A) the average years of service;
                        ``(B) the average number of years of service for
                    each level in the General Schedule, Senior Executive
                    Service, Senior Intelligence Service, or equivalent; and
                        ``(C) career categories;''.
    SEC. 803. PLAN FOR AUTHORITY TO ENTER INTO CONTRACTS WITH
                            PROVIDERS OF SERVICES RELATING TO
                            SENSITIVE COMPARTMENTED INFORMATION
                            FACILITIES.

        (a) <<NOTE: Deadline.>>  Plan Required.--Not later than 180 days
    after the date of the enactment of this Act, the Director of National
    Intelligence shall submit to the appropriate congressional committees a
    plan for providing elements of the intelligence community with the
    authority to enter into contracts with providers of services relating to
    sensitive compartmented information facilities for the providers to
    facilitate the use of such facilities by businesses and organizations
    performing work, at multiple security levels, in such facilities
    pursuant to contracts with the element.

    [[Page 136 STAT. 1012]]

        (b) Elements.--The plan required by subsection (a) shall include the
    following:
                (1) An explanation of how the Director of National
            Intelligence will leverage the contracting methodology of the
            National Reconnaissance Office for leasing sensitive
            compartmented information facilities, or space therein, to
            businesses and organizations.
                (2) <<NOTE: Guidance.>>  Policy and budget guidance to
            incentivize the heads of the elements of the intelligence
            community to implement such plan.

        (c) <<NOTE: Definitions.>>  Appropriate Congressional Committees.--
    In this section, the term ``appropriate congressional committees''
    means--
                (1) the congressional intelligence committees; and
                (2) the Committees on Armed Services of the House of
            Representatives and the Senate.
    SEC. 804. STUDY ON UTILITY OF EXPANDED PERSONNEL MANAGEMENT
                            AUTHORITY.

        (a) In General. <<NOTE: Deadline.>> --Not later than 180 days after
    the date of the enactment of this Act, the Under Secretary of Defense
    for Intelligence and Security and the Director of National Intelligence
    shall jointly submit to the appropriate congressional committees a study
    on the utility of providing elements of the intelligence community of
    the Department of Defense, other than the National Geospatial-
    Intelligence Agency, personnel management authority to attract experts
    in science and engineering under section 4092 of title 10, United States
    Code.

        (b) Appropriate Congressional Committees Defined.--In this section,
    the term ``appropriate congressional committees'' means--
                (1) the congressional intelligence committees; and
                (2) the congressional defense committees.
    SEC. 805. REPORT ON PROSPECTIVE ABILITY TO ADMINISTER COVID-19
                            VACCINES AND OTHER MEDICAL INTERVENTIONS
                            TO CERTAIN INTELLIGENCE COMMUNITY
                            PERSONNEL.

        (a) <<NOTE: Consultation.>>  Report.--Not later than 180 days after
    the date of the enactment of this Act, the Director of National
    Intelligence and the Under Secretary of Defense for Intelligence and
    Security, in consultation with the elements of the intelligence
    community and relevant public health agencies of the United States,
    shall jointly develop and submit to the appropriate congressional
    committees a report on the prospective ability of the intelligence
    community to administer COVID-19 vaccines, and such other medical
    interventions as may be relevant in the case of a future covered
    national emergency, to covered personnel (particularly with respect to
    essential covered personnel and covered personnel deployed outside of
    the United States).

        (b) Matters Included. <<NOTE: Assessments.>> --The report under
    subsection (a) shall include an assessment of the following:
                (1) The prospective ability of the elements of the
            intelligence community to administer COVID-19 vaccines
            (including subsequent booster shots for COVID-19), to covered
            personnel, and whether additional authorities or resources are
            necessary for, or may otherwise facilitate, such administration.
                (2) The potential risks and benefits of granting the
            additional authorities or resources described in paragraph (1)
            to the Director, the Under Secretary, or both.

    [[Page 136 STAT. 1013]]

                (3) With respect to potential future covered national
            emergencies, including future outbreaks of an infectious
            pandemic disease or similar public health emergencies, the
            following:
                        (A) The ability of the intelligence community to
                    ensure the timely administration of medical
                    interventions to covered personnel during the covered
                    national emergency.
                        (B) Whether additional authorities or resources are
                    necessary to ensure, or may otherwise facilitate, such
                    timely administration, including with respect to the
                    ability of the Director or Under Secretary to provide an
                    alternative means of access to covered personnel with
                    reduced access to the interventions provided by the
                    respective element.
                        (C) The potential risks and benefits of granting the
                    additional authorities or resources described in
                    subparagraph (B) to the Director, the Under Secretary,
                    or both.
                (4) <<NOTE: Summary.>>  A summary of the findings of the
            survey under subsection (c).

        (c) <<NOTE: Deadline. Determination.>>  Survey.--Not later than 120
    days after the date of the enactment of this Act, and prior to
    submitting the report under subsection (a), the Director and the Under
    Secretary shall jointly conduct a survey to determine the process by
    which each element of the intelligence community has administered COVID-
    19 vaccines to covered personnel, to inform continued medical care
    relating to COVID-19 and future responses to covered national
    emergencies. Such survey shall address, with respect to each element,
    the following:
                (1) The timeline of the element with respect to the
            administration of COVID-19 vaccines prior to the date of the
            enactment of this Act.
                (2) The process by which the element determined when covered
            personnel would become eligible to receive the COVID-19 vaccine
            (including if certain categories of such personnel became
            eligible before others).
                (3) A general approximation of the percentage of covered
            personnel of the element that received the COVID-19 vaccine from
            the element versus through an alternative means (such as a
            private sector entity, foreign government, State, or local
            government), particularly with respect to covered personnel
            deployed outside of the United States.
                (4) Any challenges encountered by the element with respect
            to the administration of COVID-19 vaccines prior to the date of
            the enactment of this Act.
                (5) Any other feedback determined relevant for purposes of
            the survey.

        (d) Privacy Considerations.--In carrying out the report and survey
    requirements under this section, the Director, the Under Secretary, and
    the heads of the elements of the intelligence community shall ensure, to
    the extent practicable, the preservation of medical privacy and the
    anonymity of data.
        (e) Definitions.--In this section:
                (1) Appropriate congressional committees.--The term
            ``appropriate congressional committees'' means--
                        (A) the congressional intelligence committees; and
                        (B) the Committees on Armed Services of the House of
                    Representatives and the Senate.

    [[Page 136 STAT. 1014]]

                (2) Covered national emergency.--The term ``covered national
            emergency'' has the meaning given such term in section 303 of
            the Intelligence Authorization Act for Fiscal Year 2021 (50
            U.S.C. 3316b).
                (3) Covered personnel.--The term ``covered personnel'' means
            personnel who are--
                        (A) employees of, or otherwise detailed or assigned
                    to, an element of the intelligence community; or
                        (B) funded under the National Intelligence Program
                    or the Military Intelligence Program.
                (4) Essential covered personnel.--The term ``essential
            covered personnel'' means covered personnel deemed essential
            to--
                        (A) continuity of operations of the intelligence
                    community;
                        (B) continuity of operations of the United States
                    Government; or
                        (C) other purposes related to the national security
                    of the United States.
                (5) National intelligence program.--The term ``National
            Intelligence Program'' has the meaning given such term in
            section 3 of the National Security Act of 1947 (50 U.S.C. 3003).
    SEC. 806. <<NOTE: 50 USC 3352f note.>>  FEDERAL POLICY ON SHARING
                            OF COVERED INSIDER THREAT INFORMATION
                            PERTAINING TO CONTRACTOR EMPLOYEES IN THE
                            TRUSTED WORKFORCE.

        (a) <<NOTE: Deadline. Coordination.>>  Policy Required.--Not later
    than 2 years after the date of the enactment of this Act, the Director
    of National Intelligence, in coordination with the Secretary of Defense,
    the Director of the Office of Management and Budget, and the Attorney
    General, shall issue a policy for the Federal Government on sharing
    covered insider threat information pertaining to contractor employees.

        (b) Consent Requirement.--The Director shall ensure that the policy
    issued under subsection (a) requires, as a condition of obtaining and
    maintaining a security clearance with the Federal Government, that a
    contractor employee provide prior written consent for the Federal
    Government to share covered insider threat information with the senior
    official responsible for the insider threat program of the contracting
    agency. The Director may include in such policy restrictions on the
    further disclosure of such information.
        (c) <<NOTE: Time period.>>  Consultation.--On a quarterly basis
    during the period in which the Director is developing the policy under
    subsection (a), the Director shall consult with Congress and industry
    partners with respect to such development.

        (d) Review.--
                (1) <<NOTE: Deadline.>>  Submission.--Not later than 1 year
            after the date of the issuance of the policy under subsection
            (a), the Director of National Intelligence and the Secretary of
            Defense shall jointly submit to Congress and make available to
            such industry partners as the Director and the Secretary
            consider appropriate a review of the policy.
                (2) Contents.--The review under paragraph (1) shall include
            the following:
                        (A) <<NOTE: Assessment.>>  An assessment of the
                    utility and effectiveness of the policy issued under
                    subsection (a).

    [[Page 136 STAT. 1015]]

                        (B) <<NOTE: Recommenda- tions.>>  Such
                    recommendations as the Director and the Secretary
                    determine appropriate with respect to legislative or
                    administrative action relevant to such policy.

        (e) Definitions.--In this section:
                (1) Covered insider threat information.--The term ``covered
            insider threat information''--
                        (A) means information that--
                              (i) is relevant with respect to adjudications
                          relating to determinations of eligibility for
                          access to classified information;
                              (ii) an agency or department of the Federal
                          Government has vetted and verified; and
                              (iii) according to Director of National
                          Intelligence policy, is considered relevant to the
                          ability of a contractor employee to protect
                          against insider threats as required by section
                          117.7(d) of title 32, Code of Federal Regulations,
                          or successor regulation; and
                        (B) includes pertinent information considered in the
                    counter-threat assessment, as authorized by a provision
                    of Federal law or Executive Order.
                (2) Contractor employee.--The term ``contractor employee''
            means an employee of a contractor, subcontractor, grantee,
            subgrantee, or personal services contractor, of a department or
            agency of the Federal Government.
    SEC. 807. <<NOTE: Deadlines.>>  GOVERNANCE OF TRUSTED WORKFORCE
                            2.0 INITIATIVE.

        (a) <<NOTE: Coordination. 50 USC 3352f note.>>  Governance.--The
    Director of National Intelligence, acting as the Security Executive
    Agent, and the Director of the Office of Personnel Management, acting as
    the Suitability and Credentialing Executive Agent, in coordination with
    the Deputy Director for Management in the Office of Management and
    Budget, acting as the chairman of the Performance Accountability
    Council, and the Under Secretary of Defense for Intelligence and
    Security shall jointly--
                (1) <<NOTE: Federal
            Register, publication. Guidelines. Standards.>>  not later than
            180 days after the date of the enactment of this Act, publish,
            in the Federal Register as appropriate, a policy with guidelines
            and standards for Federal Government agencies and industry
            partners to implement the Trusted Workforce 2.0 initiative;
                (2) <<NOTE: Time period.>>  not later than 2 years after the
            date of the enactment of this Act and not less frequently than
            once every 6 months thereafter, submit to Congress a report on
            the timing, delivery, and adoption of Federal Government
            agencies' policies, products, and services to implement the
            Trusted Workforce 2.0 initiative, including those associated
            with the National Background Investigation Service; and
                (3) <<NOTE: Performance metrics.>>  not later than 90 days
            after the date of the enactment of this Act, submit to Congress
            performance management metrics for the implementation of the
            Trusted Workforce 2.0 initiative, including performance metrics
            regarding timeliness, cost, and measures of effectiveness.

        (b) Independent Study on Trusted Workforce 2.0.--
                (1) <<NOTE: Contracts.>>  Study required.--Not later than 60
            days after the date of the enactment of this Act, the Director
            of National Intelligence shall enter into an agreement with an
            entity that is not part of the Federal Government to conduct a
            study

    [[Page 136 STAT. 1016]]

            on the effectiveness of the initiatives of the Federal
            Government known as Trusted Workforce 1.25, 1.5, and 2.0.
                (2) <<NOTE: Assessments.>>  Elements.--The study required by
            paragraph (1) shall include the following:
                        (A) An assessment of how effective such initiatives
                    are or will be in determining who should or should not
                    have access to classified information.
                        (B) A comparison of the effectiveness of such
                    initiatives with the system of periodic reinvestigations
                    that was in effect on the day before the date of the
                    enactment of this Act.
                        (C) Identification of what is lost from the
                    suspension of universal periodic reinvestigations in
                    favor of a system of continuous vetting.
                        (D) An assessment of the relative effectiveness of
                    Trusted Workforce 1.25, Trusted Workforce 1.5, and
                    Trusted Workforce 2.0.
                (3) Report.--Not later than 180 days after the date of the
            enactment of this Act, the Director shall submit a report on the
            findings from the study conducted under paragraph (1) to the
            following:
                        (A) The congressional intelligence committees.
                        (B) The Committee on Armed Services and the
                    Committee on Homeland Security and Governmental Affairs
                    of the Senate.
                        (C) The Committee on Armed Services and the
                    Committee on Oversight and Reform of the House of
                    Representatives.

         Subtitle B--Matters Relating to Organizations and Capabilities

    SEC. 811. PLAN TO ESTABLISH INTEGRATED COMMERCIAL GEOSPATIAL
                            INTELLIGENCE DATA PROGRAM OFFICE.

        (a) <<NOTE: Deadline. Consultation.>>  Plan.--Not later than 90 days
    after the date of the enactment of this Act, the Director of the
    National Reconnaissance Office and the Director of the National
    Geospatial-Intelligence Agency, in consultation with the Director of
    National Intelligence, shall jointly develop and submit to the
    appropriate congressional committees a plan to establish an integrated
    commercial geospatial intelligence data program office.

        (b) Contents.--The plan under subsection (a) shall include the
    following:
                (1) An explanation of how the Director of the National
            Reconnaissance Office will elevate the commercial space program
            office within the organizational structure of the National
            Reconnaissance Office.
                (2) An explanation of how the Director of the National
            Reconnaissance Office and the Director of the National
            Geospatial-Intelligence Agency will integrate the commercial
            space program office within the National Reconnaissance Office
            to include empowered functional manager personnel to ensure
            imagery purchases are responsive to functional manager-provided
            requirements and priorities.
                (3) An explanation of--

    [[Page 136 STAT. 1017]]

                        (A) an approach that will rapidly leverage
                    innovative commercial geospatial intelligence data
                    capabilities to meet new intelligence challenges and
                    inform operational requirements;
                        (B) how the Directors will annually evaluate new
                    commercially available capabilities and provide
                    opportunities for new entrants; and
                        (C) how the Directors will synchronize the
                    procurement of commercial geospatial intelligence data
                    and commercial geospatial intelligence analytic
                    services, respectively.

        (c) Appropriate Congressional Committees Defined.--In this section,
    the term ``appropriate congressional committees'' means--
                (1) the congressional intelligence committees;
                (2) the Committee on Armed Services of the Senate; and
                (3) the Committee on Armed Services of the House of
            Representatives.
    SEC. 812. CENTRAL INTELLIGENCE AGENCY ACQUISITION INNOVATION
                            CENTER REPORT, STRATEGY, AND PLAN.

        (a) Requirement for Report and Strategy.--Not later than 120 days
    after the date of the enactment of this Act, the Director of the Central
    Intelligence Agency shall submit to the congressional intelligence
    committees--
                (1) a report stating the mission and purpose of the
            Acquisition Innovation Center of the Agency; and
                (2) a strategy for incorporating the Acquisition Innovation
            Center into the standard operating procedures and procurement
            and acquisition practices of the Agency.

        (b) <<NOTE: Deadline.>>  Requirement for Implementation Plan.--Not
    later than 120 days after the date of the enactment of this Act, the
    Director shall, using the findings of the Director with respect to the
    report submitted under subsection (a)(1), submit to the congressional
    intelligence committees an implementation plan that addresses--
                (1) how the Director will ensure the contracting officers of
            the Agency and the technical representatives of the Acquisition
            Innovation Center for the contracting officers have access to
            the technical expertise required to inform requirements
            development, technology maturity assessments, and monitoring of
            acquisitions;
                (2) how the plan specifically applies to technical
            industries, including telecommunications, software, aerospace,
            and large-scale construction; and
                (3) projections for resources necessary to support the
            Acquisition Innovation Center, including staff, training, and
            contracting support tools.
    SEC. 813. REPORT ON UNITED STATES SOUTHERN COMMAND INTELLIGENCE
                            CAPABILITIES.

        (a) <<NOTE: Consultation.>>  Report Required.--Not later than 120
    days after the date of the enactment of this Act, the Director of the
    Defense Intelligence Agency, in consultation with such other Federal
    Government entities as the Director considers relevant, and consistent
    with the protection of intelligence sources and methods, shall submit to
    the appropriate congressional committees a report detailing the status
    of the intelligence collection, analysis, and operational capabilities
    of the United States Southern Command to support Latin America-based
    missions.

    [[Page 136 STAT. 1018]]

        (b) Form.--The report required by subsection (a) shall be submitted
    in unclassified form, but may include a classified annex.
        (c) Appropriate Congressional Committees Defined.--In this section,
    the term ``appropriate congressional committees'' means--
                (1) the congressional intelligence committees; and
                (2) the congressional defense committees.
    SEC. 814. REPORT ON PROJECT MAVEN TRANSITION.

        (a) <<NOTE: Consultation.>>  Report Required.--Not later than 120
    days after the date of the enactment of this Act, the Director of the
    National Geospatial-Intelligence Agency, in consultation with such other
    Federal Government entities as the Director considers appropriate, shall
    submit to the appropriate congressional committees a report on the
    transition of Project Maven to operational mission support.

        (b) Plan of Action and Milestones.--The report required by
    subsection (a) shall include a detailed plan of action and milestones
    that identifies--
                (1) the milestones and decision points leading up to the
            transition of successful geospatial intelligence capabilities
            developed under Project Maven to the National Geospatial-
            Intelligence Agency; and
                (2) <<NOTE: Metrics. Time periods.>>  the metrics of success
            regarding the transition described in paragraph (1) and mission
            support provided to the National Geospatial-Intelligence Agency
            for each of fiscal years 2022 and 2023.

        (c) Form.--The report required by subsection (a) shall be submitted
    in unclassified form, but may include a classified annex.
        (d) Appropriate Congressional Committees Defined.--In this section,
    the term ``appropriate congressional committees'' means--
                (1) the congressional intelligence committees; and
                (2) the congressional defense committees.
    SEC. 815. REPORT ON FUTURE STRUCTURE AND RESPONSIBILITIES OF
                            FOREIGN MALIGN INFLUENCE CENTER.

        (a) Assessment and Report Required.--Not later than 180 days after
    the date of the enactment of this Act, the Director of National
    Intelligence shall--
                (1) conduct an assessment as to the future structure,
            responsibilities, and organizational placement of the Foreign
            Malign Influence Center; and
                (2) submit to the congressional intelligence committees a
            report on the findings of the Director with respect to the
            assessment conducted under paragraph (1).

        (b) <<NOTE: Assessments.>>  Elements.--The assessment conducted
    under subsection (a)(1) shall include--
                (1) an assessment of whether the statutory functions of the
            Foreign Malign Influence Center are optimized to the needs of
            the intelligence community and policymakers;
                (2) a description of potential changes to the statutory
            functions of the Foreign Malign Influence Center that might
            further advance the counter-foreign malign influence mission of
            the Center and the intelligence community, including whether the
            Director of the Foreign Malign Influence Center should continue
            to report directly to the Director of National Intelligence and
            whether the Foreign Malign Influence Center should remain a
            separate, stand-alone center; and

    [[Page 136 STAT. 1019]]

                (3) an assessment of the risks, benefits, and feasibility of
            predominantly staffing the Foreign Malign Influence Center with
            detailees from other agencies, including from outside the
            intelligence community.

                            Subtitle C--Other Matters

    SEC. 821. BIENNIAL REPORTS ON FOREIGN BIOLOGICAL THREATS.

        (a) Requirement.--Title XI of the National Security Act of 1947 (50
    U.S.C. 3231 et seq.) is amended by adding at the end the following new
    section (and conforming the table of contents at the beginning of such
    Act accordingly):
    ``SEC. 1111. <<NOTE: 50 USC 3241.>>  BIENNIAL REPORTS ON FOREIGN
                              BIOLOGICAL THREATS.

        ``(a) <<NOTE: Termination date.>>  Reports.--On a biennial basis
    until the date that is 10 years after the date of the enactment of the
    Intelligence Authorization Act for Fiscal Year 2022, the Director of
    National Intelligence shall submit to the congressional intelligence
    committees a comprehensive report on the activities, prioritization, and
    responsibilities of the intelligence community with respect to foreign
    biological threats emanating from the territory of, or sponsored by, a
    covered country.

        ``(b) <<NOTE: Assessments.>>  Matters Included.--Each report under
    subsection (a) shall include, with respect to foreign biological threats
    emanating from the territory of, or sponsored by, a covered country, the
    following:
                ``(1) A detailed description of all activities relating to
            such threats undertaken by each element of the intelligence
            community, and an assessment of any gaps in such activities.
                ``(2) A detailed description of all duties and
            responsibilities relating to such threats explicitly authorized
            or otherwise assigned, exclusively or jointly, to each element
            of the intelligence community, and an assessment of any
            identified gaps in such duties or responsibilities.
                ``(3) A description of the coordination among the relevant
            elements of the intelligence community with respect to the
            activities specified in paragraph (1) and the duties and
            responsibilities specified in paragraph (2).
                ``(4) <<NOTE: Inventory.>>  An inventory of the strategies,
            plans, policies, and interagency agreements of the intelligence
            community relating to the collection, monitoring, analysis,
            mitigation, and attribution of such threats, and an assessment
            of any identified gaps therein.
                ``(5) A description of the coordination and interactions
            among the relevant elements of the intelligence community and
            non-intelligence community partners.
                ``(6) An assessment of foreign malign influence efforts
            relating to such threats, including any foreign academics
            engaged in such efforts, and a description of how the
            intelligence community contributes to efforts by non-
            intelligence community partners to counter such foreign malign
            influence.

        ``(c) <<NOTE: Summary.>>  Form.--Each report submitted under
    subsection (a) may be submitted in classified form, but if so submitted
    shall include an unclassified executive summary.

        ``(d) Definitions.--In this section:

    [[Page 136 STAT. 1020]]

                ``(1) Covered country.--The term `covered country' means--
                        ``(A) China;
                        ``(B) Iran;
                        ``(C) North Korea;
                        ``(D) Russia; and
                        ``(E) <<NOTE: Determinations.>>  any other foreign
                    country--
                              ``(i) from which the Director of National
                          Intelligence determines a biological threat
                          emanates; or
                              ``(ii) that the Director determines has a
                          known history of, or has been assessed as having
                          conditions present for, infectious disease
                          outbreaks or epidemics.
                ``(2) Foreign biological threat.--The term `foreign
            biological threat' means biological warfare, bioterrorism,
            naturally occurring infectious diseases, or accidental exposures
            to biological materials, without regard to whether the threat
            originates from a state actor, a non-state actor, natural
            conditions, or an undetermined source.
                ``(3) Foreign malign influence.--The term `foreign malign
            influence' has the meaning given such term in section 119C(e) of
            this Act.
                ``(4) Non-intelligence community partner.--The term `non-
            intelligence community partner' means a Federal department or
            agency that is not an element of the intelligence community.''.

        (b) <<NOTE: 50 USC 3241 note.>>  First Report.--Not later than 120
    days after the date of the enactment of this Act, the Director of
    National Intelligence shall submit to the congressional intelligence
    committees the first report required under section 1111 of the National
    Security Act of 1947, as added by subsection (a).
    SEC. 822. ANNUAL REPORTS ON CERTAIN CYBER VULNERABILITIES PROCURED
                            BY INTELLIGENCE COMMUNITY AND FOREIGN
                            COMMERCIAL PROVIDERS OF CYBER
                            VULNERABILITIES.

        (a) Requirement.--Title XI of the National Security Act of 1947 (50
    U.S.C. 3231 et seq.), as amended by section 821, is further amended by
    adding at the end the following new section (and conforming the table of
    contents at the beginning of such Act accordingly):
    ``SEC. 1112. <<NOTE: 50 USC 3242.>>  ANNUAL REPORTS ON CERTAIN
                              CYBER VULNERABILITIES PROCURED BY
                              INTELLIGENCE COMMUNITY AND FOREIGN
                              COMMERCIAL PROVIDERS OF CYBER
                              VULNERABILITIES.

        ``(a) <<NOTE: Termination date. Coordination.>>  Annual Reports.--On
    an annual basis through 2026, the Director of the Central Intelligence
    Agency and the Director of the National Security Agency, in coordination
    with the Director of National Intelligence, shall jointly submit to the
    congressional intelligence committees a report containing information on
    foreign commercial providers and the cyber vulnerabilities procured by
    the intelligence community through foreign commercial providers.

        ``(b) <<NOTE: Assessments.>>  Elements.--Each report under
    subsection (a) shall include, with respect to the period covered by the
    report, the following:
                ``(1) A description of each cyber vulnerability procured
            through a foreign commercial provider, including--
                        ``(A) a description of the vulnerability;
                        ``(B) the date of the procurement;
                        ``(C) whether the procurement consisted of only that
                    vulnerability or included other vulnerabilities;

    [[Page 136 STAT. 1021]]

                        ``(D) the cost of the procurement;
                        ``(E) the identity of the commercial provider and,
                    if the commercial provider was not the original supplier
                    of the vulnerability, a description of the original
                    supplier;
                        ``(F) the country of origin of the vulnerability;
                    and
                        ``(G) an assessment of the ability of the
                    intelligence community to use the vulnerability,
                    including whether such use will be operational or for
                    research and development, and the approximate timeline
                    for such use.
                ``(2) An assessment of foreign commercial providers that--
                        ``(A) pose a significant threat to the national
                    security of the United States; or
                        ``(B) have provided cyber vulnerabilities to any
                    foreign government that--
                              ``(i) has used the cyber vulnerabilities to
                          target United States persons, the United States
                          Government, journalists, or dissidents; or
                              ``(ii) has an established pattern or practice
                          of violating human rights or suppressing dissent.
                ``(3) <<NOTE: Time period.>>  An assessment of whether the
            intelligence community has conducted business with the foreign
            commercial providers identified under paragraph (2) during the
            5-year period preceding the date of the report.

        ``(c) Form.--Each report under subsection (a) may be submitted in
    classified form.
        ``(d) Definitions.--In this section:
                ``(1) Commercial provider.--The term `commercial provider'
            means any person that sells, or acts as a broker, for a cyber
            vulnerability.
                ``(2) Cyber vulnerability.--The term `cyber vulnerability'
            means any tool, exploit, vulnerability, or code that is intended
            to compromise a device, network, or system, including such a
            tool, exploit, vulnerability, or code procured by the
            intelligence community for purposes of research and
            development.''.

        (b) <<NOTE: 50 USC 3242 note.>>  First Report.--Not later than 90
    days after the date of the enactment of this Act, the Director of the
    Central Intelligence Agency and the Director of the National Security
    Agency shall jointly submit the first report required under section 1112
    of the National Security Act of 1947, as added by subsection (a).
    SEC. 823. PERIODIC REPORTS ON TECHNOLOGY STRATEGY OF INTELLIGENCE
                            COMMUNITY.

        (a) Periodic Reports Required.--Title XI of the National Security
    Act of 1947 (50 U.S.C. 3231 et seq.), as amended by section 822, is
    further amended by adding at the end the following new section (and
    conforming the table of contents at the beginning of such Act
    accordingly):
    ``SEC. 1113. <<NOTE: 50 USC 3243.>>  PERIODIC REPORTS ON
                              TECHNOLOGY STRATEGY OF INTELLIGENCE
                              COMMUNITY.

        ``(a) <<NOTE: Coordination.>>  Reports.--On a basis that is not less
    frequent than once every 4 years, the Director of National Intelligence,
    in coordination with the Director of the Office of Science and
    Technology Policy, the Secretary of Commerce, and the heads of such
    other agencies as the Director considers appropriate, shall submit to
    the congressional intelligence committees a comprehensive report on the
    technology strategy of the intelligence community, which shall be
    designed to support the maintenance of the leadership of the United

    [[Page 136 STAT. 1022]]

    States in critical and emerging technologies essential to the national
    security of the United States.

        ``(b) Elements.--Each report submitted under subsection (a) shall
    include the following:
                ``(1) <<NOTE: Assessment.>>  An assessment of technologies
            critical to the national security of the United States,
            particularly those technologies with respect to which foreign
            countries that are adversarial to the United States have or are
            poised to match or surpass the technology leadership of the
            United States.
                ``(2) <<NOTE: Review.>>  A review of current technology
            policies of the intelligence community, including long-term
            goals.
                ``(3) <<NOTE: Determination.>>  An identification of sectors
            and supply chains the Director determines to be of the greatest
            strategic importance to national security.
                ``(4) An identification of opportunities to protect the
            leadership of the United States, and the allies and partners of
            the United States, in critical technologies, including through
            targeted export controls, investment screening, and
            counterintelligence activities.
                ``(5) <<NOTE: Determination.>>  An identification of
            research and development areas the Director determines critical
            to the national security of the United States, including areas
            in which the private sector does not focus.
                ``(6) <<NOTE: Recommenda- tions.>>  Recommendations for
            growing talent in key critical and emerging technologies and
            enhancing the ability of the intelligence community to recruit
            and retain individuals with critical skills relating to such
            technologies.
                ``(7) An identification of opportunities to improve the
            leadership of the United States in critical technologies,
            including opportunities to develop international partnerships to
            reinforce domestic policy actions, develop new markets, engage
            in collaborative research, and maintain an international
            environment that reflects the values of the United States and
            protects the interests of the United States.
                ``(8) <<NOTE: Technology annex.>>  A technology annex to
            establish an approach for the identification, prioritization,
            development, and fielding of emerging technologies critical to
            the mission of the intelligence community.
                ``(9) <<NOTE: Determination.>>  Such other information as
            the Director determines may be necessary to inform Congress on
            matters relating to the technology strategy of the intelligence
            community and related implications for the national security of
            the United States.

        ``(c) Form of Annex.--Each annex submitted under subsection (b)(8)
    may be submitted in classified form.''.
        (b) <<NOTE: 50 USC 3243 note.>>  First Report.--Not later than 1
    year after the date of the enactment of this Act, the Director of
    National Intelligence shall submit to the congressional intelligence
    committees the first report required under section 1113 of the National
    Security Act of 1947, as added by subsection (a).
    SEC. 824. INTELLIGENCE ASSESSMENT AND REPORTS ON FOREIGN RACIALLY
                            MOTIVATED VIOLENT EXTREMISTS.

        (a) Intelligence Assessment.--

    [[Page 136 STAT. 1023]]

                (1) <<NOTE: Deadline. Coordination. Consultation.>>
            Requirement.--Not later than 120 days after the date of the
            enactment of this Act, the Director of National Intelligence,
            acting through the Director of the National Counterterrorism
            Center, in coordination with the Director of the Federal Bureau
            of Investigation and the Under Secretary of Homeland Security
            for Intelligence and Analysis, and in consultation with other
            relevant Federal departments and agencies, shall submit to the
            appropriate congressional committees an intelligence assessment
            on significant threats to the United States associated with
            foreign racially motivated violent extremist organizations.
                (2) Elements.--The assessment under paragraph (1) shall
            include the following:
                        (A) <<NOTE: List.>>  A list of foreign racially
                    motivated violent extremist organizations that pose a
                    significant threat to the national security of the
                    United States.
                        (B) With respect to each such organization--
                              (i) an overview of the membership, ideology,
                          and activities;
                              (ii) a description of any transnational links
                          to the United States or United States persons;
                              (iii) a description of the leadership, plans,
                          intentions, and capabilities;
                              (iv) whether (and if so, to what extent)
                          foreign governments or their proxies provide any
                          manner of support to such organizations, including
                          a list of each such foreign government or proxy;
                              (v) a description of the composition and
                          characteristics of the members and support
                          networks, including whether (and if so, to what
                          extent) the members are also a part of a military,
                          security service, or police;
                              (vi) a description of financing and other
                          forms of material support;
                              (vii) an assessment of trends and patterns
                          relative to communications, travel, and training
                          (including whether and to what extent the
                          organization is engaged in or facilitating
                          military or paramilitary training);
                              (viii) an assessment of the radicalization and
                          recruitment, including an analysis of the
                          extremist messaging motivating members and
                          supporters; and
                              (ix) whether (and if so, to what extent)
                          foreign governments have sufficient laws and
                          policies to counter threats to the United States
                          associated with the organization, including best
                          practices and gaps.
                        (C) An assessment of the status and extent of
                    information sharing, intelligence partnerships, foreign
                    police cooperation, and mutual legal assistance between
                    the United States and foreign governments relative to
                    countering threats to the United States associated with
                    foreign racially motivated violent extremist
                    organizations.
                        (D) An assessment of intelligence gaps and
                    recommendations on how to remedy such gaps.
                        (E) <<NOTE: Analysis.>>  An opportunity analysis
                    regarding countering such threats, including, at a
                    minimum, with respect to mitigating and disrupting the
                    transnational nexus.

    [[Page 136 STAT. 1024]]

                (3) Standards.--The intelligence assessment under paragraph
            (1) shall be conducted in a manner that meets the analytic
            integrity and tradecraft standards of the intelligence
            community.
                (4) Form.--The intelligence assessment under paragraph (1)
            shall be submitted in unclassified form, but may include a
            classified annex in electronic form that is fully indexed and
            searchable. In carrying out this paragraph, the officials
            responsible for submitting such assessment shall ensure that the
            assessment is unclassified to the extent practicable.

        (b) Report.--
                (1) <<NOTE: Coordination.>>  Requirement.--Not later than
            150 days after the date of the enactment of this Act, the
            Director of National Intelligence, acting through the Director
            of the National Counterterrorism Center, in coordination with
            the Secretary of State, the Secretary of the Treasury, the
            Attorney General, the Secretary of Homeland Security, and in a
            manner consistent with the authorities and responsibilities of
            such Secretary or Director, shall submit to the appropriate
            congressional committees a report on the use of Federal laws,
            regulations, and policies by the Federal Government to counter
            significant threats to the United States and United States
            persons associated with foreign racially motivated violent
            extremist organizations.
                (2) Elements.--The report under paragraph (1) shall include
            the following:
                        (A) An identification, description, and assessment
                    of the use and efficacy of, Federal laws, regulations,
                    and policies used by the Federal Government to address
                    significant threats to the United States and United
                    States persons associated with foreign racially
                    motivated violent extremist organizations, including
                    pursuant to--
                              (i) section 1016 of the Intelligence Reform
                          and Terrorism Prevention Act of 2004 (6 U.S.C.
                          485) and section 119 of the National Security Act
                          of 1949 (50 U.S.C. 3056), particularly with
                          respect to the coordination and integration of all
                          instruments of national power;
                              (ii) Executive Order 12333 (50 U.S.C. 3001
                          note), as amended;
                              (iii) the designation of foreign terrorist
                          organizations under section 219 of the Immigration
                          and Nationality Act (8 U.S.C. 1189);
                              (iv) the designation of specially designated
                          terrorists, specially designated global
                          terrorists, or specially designated nationals and
                          blocked persons, pursuant to Executive Orders
                          13886, 13372, and 13224 and parts 594, 595, 596,
                          and 597 of title 31, Code of Federal Regulations;
                              (v) National Security Presidential Memorandums
                          7 and 9, particularly with respect to the sharing
                          of terrorism information and screening and vetting
                          activities; and
                              (vi) any other applicable Federal laws,
                          regulations, or policies.

    [[Page 136 STAT. 1025]]

                        (B) An assessment of whether (and if so, to what
                    extent and why) such Federal laws, regulations, and
                    policies are sufficient to counter such threats,
                    including a description of any gaps and specific
                    examples to illustrate such gaps.
                        (C) <<NOTE: Recommenda- tions.>>  Recommendations
                    regarding how to remedy the gaps under subparagraph (B).
                (3) <<NOTE: Consultation.>>  Privacy and civil liberties
            assessment.--Not later than 180 days after the date of the
            enactment of this Act, the Privacy and Civil Liberties Oversight
            Board, in consultation with the civil liberties and privacy
            officers of the Federal departments and agencies the Board
            determines appropriate, shall submit to the appropriate
            congressional committees a report containing--
                        (A) an assessment of the impacts on the privacy and
                    civil liberties of United States persons concerning the
                    use or recommended use of any Federal laws, regulations,
                    and policies specified in paragraph (2); and
                        (B) <<NOTE: Recommenda- tions.>>  recommendations on
                    options to develop protections to mitigate such impacts.
                (4) Form.--The report under paragraph (1) shall be submitted
            in unclassified form, but may include a classified annex in
            electronic form that is fully indexed and searchable. In
            carrying out this paragraph, the officials responsible for
            submitting such report shall ensure that the report is
            unclassified to the extent practicable.
                (5) Separate submission.--The Director shall submit to the
            appropriate congressional committees the report under paragraph
            (1) as a separate report from the report submitted under section
            826(a)(2).

        (c) Definitions.--In this section:
                (1) Appropriate congressional committees.--The term
            ``appropriate congressional committees'' means--
                        (A) the congressional intelligence committees;
                        (B) the Subcommittees on Financial Services and
                    General Government, the Subcommittees on Homeland
                    Security, and the Subcommittees on State, Foreign
                    Operations, and Related Programs of the Committees on
                    Appropriations of the House of Representatives and the
                    Senate; and
                        (C) the Committee on Foreign Affairs of the House of
                    Representatives and the Committee on Foreign Relations
                    of the Senate.
                (2) Terrorism information.--The term ``terrorism
            information'' has the meaning given that term in section 1016(a)
            of the Intelligence Reform and Terrorism Prevention Act of 2004
            (6 U.S.C. 485(a)).
                (3) United states person.--The term ``United States person''
            has the meaning given that term in section 105A(c) of the
            National Security Act of 1947 (50 U.S.C. 3039).
    SEC. 825. NATIONAL INTELLIGENCE ESTIMATE ON ESCALATION AND DE-
                            ESCALATION OF GRAY ZONE ACTIVITIES IN
                            GREAT POWER COMPETITION.

        (a) Findings.--Congress finds the following:
                (1) The conventional power of the United States has driven
            foreign adversaries to a level of competition that does not
            always depend on military confrontation with the United States.

    [[Page 136 STAT. 1026]]

                (2) Rather than challenging the United States in a manner
            that could provoke a kinetic military response, foreign
            adversaries of the United States have turned to carrying out
            gray zone activities to advance the interests of such
            adversaries, weaken the power of the United States, and erode
            the norms that underpin the United States-led international
            order.
                (3) Gray zone activity falls on a spectrum of attribution
            and deniability that ranges from covert adversary operations, to
            detectible covert adversary operations, to unattributable
            adversary operations, to deniable adversary operations, to open
            adversary operations.
                (4) To adequately address such a shift to gray zone
            activity, the United States must understand what actions tend to
            either escalate or de-escalate such activity by its adversaries.
                (5) The laws, principles, and values of the United States
            are strategic advantages in great power competition with
            authoritarian foreign adversaries that carry out gray zone
            activities, because such laws, principles, and values increase
            the appeal of the governance model of the United States, and the
            United States-led international order, to states and peoples
            around the world.
                (6) The international security environment has demonstrated
            numerous examples of gray zone activities carried out by foreign
            adversaries, including the following activities of foreign
            adversaries:
                        (A) Information operations, such as efforts by
                    Russia to influence the 2020 United States Federal
                    elections (as described in the March 15, 2021,
                    intelligence community assessment of the Office of the
                    Director of National Intelligence made publicly
                    available on March 15, 2021).
                        (B) Adversary political coercion operations, such as
                    the wielding of energy by Russia, particularly in the
                    context of Ukrainian gas pipelines, to coerce its
                    neighbors into compliance with its policies.
                        (C) Adversary economic coercion operations, such as
                    the threat, and use, by China of economic retaliation to
                    coerce sovereign countries into compliance with its
                    policies or to blunt any criticism of its violations of
                    the rules-based international order and its perpetration
                    of severe human rights abuses.
                        (D) Cyber operations, such as the use by China of
                    cyber tools to conduct industrial espionage.
                        (E) Provision of support to proxy forces, such as
                    the support provided by Iran to Hezbollah and Shia
                    militia groups.
                        (F) Provocation by armed forces controlled by the
                    government of the foreign adversary through measures
                    that do not rise to the level of an armed attack, such
                    as the use of the China Coast Guard and maritime militia
                    by China to harass the fishing vessels of other
                    countries in the South China Sea.
                        (G) Alleged uses of lethal force on foreign soil,
                    such as the 2018 poisoning of Sergei Skripal in London
                    by Russia.
                        (H) The potential use by an adversary of technology
                    that causes anomalous health incidents among United
                    States Government personnel.

    [[Page 136 STAT. 1027]]

        (b) National Intelligence Estimate.--
                (1) Requirement.--The Director of National Intelligence,
            acting through the National Intelligence Council, shall produce
            a National Intelligence Estimate on how foreign adversaries use
            gray zone activities to advance interests, what responses by the
            United States (or the allies or partners of the United States)
            would tend to result in the escalation or de-escalation of such
            gray zone activities by foreign adversaries, and any
            opportunities for the United States to minimize the extent to
            which foreign adversaries use gray zone activities in
            furtherance of great power competition.
                (2) <<NOTE: Determination. Assessments.>>  Matters
            included.--To the extent determined appropriate by the National
            Intelligence Council, the National Intelligence Estimate
            produced under paragraph (1) may include an assessment of the
            following topics:
                        (A) Any potential or actual lethal or harmful gray
                    zone activities carried out against the United States by
                    foreign adversaries, including against United States
                    Government employees and United States persons, whether
                    located within or outside of the United States.
                        (B) To the extent such activities have occurred, or
                    are predicted to occur--
                              (i) opportunities to reduce or deter any such
                          activities; and
                              (ii) any actions of the United States
                          Government that would tend to result in the
                          escalation or de-escalation of such activities.
                        (C) Any incidents in which foreign adversaries could
                    have used, but ultimately did not use, gray zone
                    activities to advance the interests of such adversaries,
                    including an assessment as to why the foreign adversary
                    ultimately did not use gray zone activities.
                        (D) The effect of lowering the United States
                    Government threshold for the public attribution of
                    detectible covert adversary operations, unattributable
                    adversary operations, and deniable adversary operations.
                        (E) The effect of lowering the United States
                    Government threshold for responding to detectible covert
                    adversary operations, unattributable adversary
                    operations, and deniable adversary operations.
                        (F) The extent to which the governments of foreign
                    adversaries exercise control over any proxies or
                    parastate actors used by such governments in carrying
                    out gray zone activities.
                        (G) The extent to which gray zone activities carried
                    out by foreign adversaries affect the private sector of
                    the United States.
                        (H) The international norms that provide the
                    greatest deterrence to gray zone activities carried out
                    by foreign adversaries, and opportunities for
                    strengthening those norms.
                        (I) The effect, if any, of the strengthening of
                    democratic governance abroad on the resilience of United
                    States allies and partners to gray zone activities.
                        (J) Opportunities to strengthen the resilience of
                    United States allies and partners to gray zone
                    activities, and associated tactics, carried out by
                    foreign adversaries.

    [[Page 136 STAT. 1028]]

                        (K) Opportunities for the United States to improve
                    the detection of, and early warning for, such activities
                    and tactics.
                        (L) Opportunities for the United States to galvanize
                    international support in responding to such activities
                    and tactics.
                (3) Submission to congress.--
                        (A) <<NOTE: Deadline.>>  Submission.--Not later than
                    1 year after the date of the enactment of this Act, the
                    Director shall submit to the congressional intelligence
                    committees and the Committees on Armed Services of the
                    House of Representatives and the Senate the National
                    Intelligence Estimate produced under paragraph (1). In
                    so submitting the Estimate to the congressional
                    intelligence committees, the Director shall include all
                    intelligence reporting underlying the Estimate.
                        (B) <<NOTE: Determination.>>  Notice regarding
                    submission.--If at any time before the deadline
                    specified in subparagraph (A), the Director determines
                    that the National Intelligence Estimate produced under
                    paragraph (1) cannot be submitted by such deadline, the
                    Director shall (before such deadline) submit to the
                    committees specified in subparagraph (A) a report
                    setting forth the reasons why the National Intelligence
                    Estimate cannot be submitted by such deadline and an
                    estimated date for the submission of the National
                    Intelligence Estimate.
                        (C) Form.--Any report under subparagraph (B) shall
                    be submitted in unclassified form.
                (4) <<NOTE: Web posting.>>  Public version.--Consistent with
            the protection of intelligence sources and methods, at the same
            time as the Director submits to the congressional intelligence
            committees and the Committees on Armed Services of the House of
            Representatives and the Senate the National Intelligence
            Estimate under paragraph (1), the Director shall make publicly
            available on the internet website of the Director an
            unclassified version of the key findings of the National
            Intelligence Estimate.
                (5) <<NOTE: 50 USC 3316c note.>>  Definitions.--In this
            subsection:
                        (A) Gray zone activity.--The term ``gray zone
                    activity'' means an activity to advance the national
                    interests of a State that--
                              (i) falls between ordinary statecraft and open
                          warfare;
                              (ii) is carried out with an intent to maximize
                          the advancement of interests of the state without
                          provoking a kinetic military response by the
                          United States; and
                              (iii) falls on a spectrum that ranges from
                          covert adversary operations, to detectible covert
                          adversary operations, to unattributable adversary
                          operations, to deniable adversary operations, to
                          open adversary operations.
                        (B) Covert adversary operation.--The term ``covert
                    adversary operation'' means an operation by an adversary
                    that--
                              (i) the adversary intends to remain below the
                          threshold at which the United States detects the
                          operation; and

    [[Page 136 STAT. 1029]]

                              (ii) does stay below such threshold.
                        (C) Detectible covert adversary operation.--The term
                    ``detectible covert adversary operation'' means an
                    operation by an adversary that--
                              (i) the adversary intends to remain below the
                          threshold at which the United States detects the
                          operation; but
                              (ii) is ultimately detected by the United
                          States at a level below the level at which the
                          United States will publicly attribute the
                          operation to the adversary.
                        (D) Unattributable adversary operation.--The term
                    ``unattributable adversary operation'' means an
                    operation by an adversary that the adversary intends to
                    be detected by the United States, but remains below the
                    threshold at which the United States will publicly
                    attribute the operation to the adversary.
                        (E) Deniable adversary operation.--The term
                    ``deniable adversary operation'' means an operation by
                    an adversary that--
                              (i) the adversary intends to be detected and
                          publicly or privately attributed by the United
                          States; and
                              (ii) the adversary intends to deny, to limit
                          the response by the United States, and any allies
                          of the United States.
                        (F) Open adversary operation.--The term ``open
                    adversary operation'' means an operation by an adversary
                    that the adversary openly acknowledges as attributable
                    to the adversary.

        (c) Requirement to Develop Lexicon.--
                (1) Requirement.--The Director of National Intelligence,
            acting through the National Intelligence Council, shall develop
            a lexicon of common terms (and corresponding definitions for
            such terms) for concepts associated with gray zone activities.
                (2) <<NOTE: Determination.>>  Considerations.--In developing
            the lexicon under paragraph (1), the National Intelligence
            Council shall include in the lexicon each term (and the
            corresponding definition for each term) specified in subsection
            (b)(5), unless the National Intelligence Council determines that
            an alternative term (or alternative definition)--
                        (A) more accurately describes a concept associated
                    with gray zone activities; or
                        (B) is preferable for any other reason.
                (3) Report.--
                        (A) Publication.--The Director of National
                    Intelligence shall publish a report containing the
                    lexicon developed under paragraph (1).
                        (B) Form.--The report under subparagraph (A) shall
                    be published in unclassified form.
    SEC. 826. ASSESSMENT OF ROLE OF FOREIGN GROUPS IN DOMESTIC VIOLENT
                            EXTREMISM.

        (a) <<NOTE: Deadline.>>  Assessment.--Not later than 180 days after
    the date of the enactment of this Act, the Director of National
    Intelligence, consistent with the protection of intelligence sources and
    methods, shall--
                (1) complete an assessment to identify the role of foreign
            groups, including entities, adversaries, governments, or other

    [[Page 136 STAT. 1030]]

            groups, in domestic violent extremist activities in the United
            States; and
                (2) submit to the appropriate congressional committees a
            report containing the findings of the Director with respect to
            the assessment.

        (b) Form.--The report under subsection (a)(2) shall be submitted in
    unclassified form, but may include a classified annex.
        (c) Separate Submission.--The Director shall submit to the
    appropriate congressional committees the report under subsection (a)(2)
    as a separate report from the report submitted under section 824(b)(1).
        (d) Appropriate Congressional Committees Defined.--In this section,
    the term ``appropriate congressional committees'' means--
                (1) the congressional intelligence committees;
                (2) the Committee on Foreign Relations and the Committee on
            the Judiciary of the Senate; and
                (3) the Committee on Foreign Affairs and the Committee on
            the Judiciary of the House of Representatives.
    SEC. 827. REPORT ON POTENTIAL INCLUSION WITHIN INTELLIGENCE
                            COMMUNITY OF THE OFFICE OF NATIONAL
                            SECURITY OF THE DEPARTMENT OF HEALTH AND
                            HUMAN SERVICES.

        (a) <<NOTE: Coordination.>>  Report.--Not later than 180 days after
    the date of the enactment of this Act, the Director of National
    Intelligence, in coordination with the Secretary of Health and Human
    Services, shall submit to the appropriate congressional committees a
    report on the potential advantages and disadvantages of adding the
    Office of National Security of the Department of Health and Human
    Services as a new element of the intelligence community.

        (b) Matters Included.--The report under subsection (a) shall include
    the following:
                (1) <<NOTE: Assessments.>>  An assessment of the following:
                        (A) The likelihood that the addition of the Office
                    of National Security as a new element of the
                    intelligence community would increase connectivity
                    between other elements of the intelligence community
                    working on health security topics and the Department of
                    Health and Human Services.
                        (B) The likelihood that such addition would increase
                    the flow of raw intelligence and finished intelligence
                    products to officials of the Department of Health and
                    Human Services.
                        (C) The likelihood that such addition would
                    facilitate the flow of information relating to health
                    security topics to intelligence analysts of various
                    other elements of the intelligence community working on
                    such topics.
                        (D) The extent to which such addition would clearly
                    demonstrate to both the national security community and
                    the public health community that health security is
                    national security.
                        (E) Any anticipated impediments to such addition
                    relating to additional budgetary oversight by the
                    executive branch or Congress.
                        (F) Any other significant advantages or
                    disadvantages of such addition, as identified by either
                    the Director of

    [[Page 136 STAT. 1031]]

                    National Intelligence or the Secretary of Health and
                    Human Services.
                (2) <<NOTE: Recommenda- tion.>>  A joint recommendation by
            the Director of National Intelligence and the Secretary of
            Health and Human Services as to whether to add the Office of
            National Security as a new element of the intelligence
            community.

        (c) Form.--The report under subsection (a) shall be submitted in
    unclassified form, but may include a classified annex.
        (d) Appropriate Congressional Committees Defined.--In this section,
    the term ``appropriate congressional committees'' means--
                (1) the congressional intelligence committees;
                (2) the Committee on Energy and Commerce of the House of
            Representatives and the Committee on Health, Education, Labor,
            and Pensions of the Senate; and
                (3) the Subcommittees on Labor, Health and Human Services,
            Education, and Related Agencies of the Committees on
            Appropriations of the House of Representatives and the Senate.
    SEC. 828. REPORT ON EFFORTS TO BUILD AN INTEGRATED HYBRID SPACE
                            ARCHITECTURE.

        (a) <<NOTE: Time period. Coordination.>>  Report Required.--Not
    later than 180 days after the date of the enactment of this Act, and
    annually for 2 years thereafter, the Director of National Intelligence,
    in coordination with the Under Secretary of Defense for Intelligence and
    Security and the Director of the National Reconnaissance Office, shall
    submit to the appropriate congressional committees a report on the
    efforts of the intelligence community to build an integrated hybrid
    space architecture that combines national and commercial capabilities
    and large and small satellites.

        (b) <<NOTE: Assessments.>>  Elements.--The report required by
    subsection (a) shall include the following:
                (1) An assessment of how the integrated hybrid space
            architecture approach is being realized in the overhead
            architecture of the National Reconnaissance Office.
                (2) An assessment of the benefits to the mission of the
            National Reconnaissance Office and the cost of integrating
            capabilities from smaller, proliferated satellites and data from
            commercial satellites with the national technical means
            architecture.

        (c) Appropriate Congressional Committees Defined.--In this section,
    the term ``appropriate congressional committees'' means--
                (1) the congressional intelligence committees; and
                (2) the congressional defense committees.
    SEC. 829. REPORT ON CERTAIN ACTIONS TAKEN BY INTELLIGENCE
                            COMMUNITY WITH RESPECT TO HUMAN RIGHTS AND
                            INTERNATIONAL HUMANITARIAN LAW.

        (a) <<NOTE: Coordination.>>  Report.--Not later than 120 days after
    the date of the enactment of this Act, the Director of National
    Intelligence, in coordination with the Director of the Central
    Intelligence Agency, the Director of the National Security Agency, the
    Secretary of Defense, and the Director of the Defense Intelligence
    Agency, and consistent with the protection of intelligence sources and
    methods, shall submit to the appropriate congressional committees a
    report on certain actions taken by the intelligence community with
    respect to human rights and international humanitarian law.

    [[Page 136 STAT. 1032]]

        (b) Elements.--The report under subsection (a) shall include the
    following:
                (1) A detailed explanation of whether, and to what extent,
            each element of the intelligence community has provided
            intelligence products relating to the efforts of the Secretary
            of State and the Secretary of Treasury regarding the
            categorization, determinations on eligibility for assistance and
            training, and general understanding, of covered entities that
            commit, engage, or are otherwise complicit in, violations of
            human rights or international humanitarian law.
                (2) A detailed explanation of whether, and to what extent,
            each element of the intelligence community has provided
            intelligence products relating to any of the following:
                        (A) Section 7031(c) of the Department of State,
                    Foreign Operations, and Related Programs Appropriations
                    Act, 2020 (division G of Public Law 116-94; 8 U.S.C.
                    1182 note).
                        (B) The visa restriction policy of the Department of
                    State announced on February 26, 2021, and commonly
                    referred to as the ``Khashoggi Ban''.
                        (C) The annual report requirement of the Department
                    of Defense under section 1057 of the National Defense
                    Authorization Act for Fiscal Year 2018 (131 Stat. 1572).
                        (D) The Global Magnitsky Human Rights Accountability
                    Act (subtitle F of title XII of Public Law 114-328; 22
                    U.S.C. 2656 note).
                (3) A detailed explanation of the following processes:
                        (A) The process of each element of the intelligence
                    community for monitoring covered entities for derogatory
                    human rights or international humanitarian law
                    information.
                        (B) The process of each element of the intelligence
                    community for determining the credibility of derogatory
                    human rights or international humanitarian law
                    information.
                        (C) The process of each element of the intelligence
                    community for determining what further action is
                    appropriate if derogatory human rights or international
                    humanitarian law information is determined to be
                    credible.
                (4) <<NOTE: Records.>>  An unredacted copy of each policy or
            similar document that describes a process specified in paragraph
            (3).
                (5) A detailed explanation of whether, with respect to each
            element of the intelligence community, the head of the element
            has changed or restricted any activities of the element in
            response to derogatory human rights or international
            humanitarian law information.
                (6) <<NOTE: Time period.>>  Examples of any changes or
            restrictions specified in paragraph (5) taken by the head of the
            element of the intelligence community during the two years
            preceding the date of the submission of the report.

        (c) Form.--The report under subsection (a) shall be submitted in
    unclassified form, but may include a classified annex.
        (d) Definitions.--In this section:
                (1) Appropriate congressional committees.--The term
            ``appropriate congressional committees'' means--
                        (A) the congressional intelligence committees;

    [[Page 136 STAT. 1033]]

                        (B) the Committee on Armed Services and the
                    Committee on Foreign Affairs of the House of
                    Representatives;
                        (C) the Committee on Armed Services and the
                    Committee on Foreign Relations of the Senate; and
                        (D) the Subcommittees on Financial Services and
                    General Government and the Subcommittees on State,
                    Foreign Operations, and Related Programs of the
                    Committees on Appropriations of the House of
                    Representatives and the Senate.
                (2) Covered entity.--The term ``covered entity''--
                        (A) means an individual, unit, or foreign government
                    that--
                              (i) has a cooperative relationship with the
                          United States Government; or
                              (ii) is the target of an intelligence
                          collection activity carried out by the United
                          States Government; but
                        (B) does not include an employee of the United
                    States Government.
                (3) Derogatory human rights or international humanitarian
            law information.--The term ``derogatory human rights or
            international humanitarian law information'' means information
            tending to suggest that a covered entity committed,
            participated, or was otherwise complicit in, a violation of
            human rights or international humanitarian law, regardless of
            the credibility of such information, the source of the
            information, or the level of classification of the information.
                (4) Violation of human rights or international humanitarian
            law.--The term ``violation of human rights or international
            humanitarian law'' includes a violation of any authority or
            obligation of the United States Government related to human
            rights or international humanitarian law, without regard to
            whether such authority or obligation is codified in a provision
            of law, regulation, or policy.
    SEC. 830. REPORT ON RARE EARTH ELEMENTS.

        (a) <<NOTE: Coordination.>>  Report.--Not later than 180 days after
    the date of the enactment of this Act, the Director of National
    Intelligence, in coordination with the Director of the Defense
    Intelligence Agency, the Director of the Office of Intelligence and
    Counterintelligence of the Department of Energy, and any other head of
    an element of the intelligence community that the Director of National
    Intelligence determines relevant, shall submit to the congressional
    intelligence committees a report on rare earth elements.

        (b) Matters Included.--The report under subsection (a) shall include
    the following:
                (1) <<NOTE: Assessments. China.>>  An assessment coordinated
            by the National Intelligence Council of--
                        (A) long-term trends in the global rare earth
                    element industry;
                        (B) the national security, economic, and industrial
                    risks to the United States, and to the partners and
                    allies of the United States, with respect to relying on
                    foreign countries, including China, for rare earth
                    mining and the processing or production of rare earth
                    elements;
                        (C) the intentions of foreign governments, including
                    the government of China, with respect to limiting,
                    reducing,

    [[Page 136 STAT. 1034]]

                    or ending access of the United States or the partners
                    and allies of the United States to--
                              (i) rare earth elements; or
                              (ii) any aspect of the rare earth mining,
                          processing, or production chain; and
                        (D) opportunities for the United States, and for the
                    partners and allies of the United States, to assure
                    continued access to--
                              (i) rare earth elements; and
                              (ii) the rare earth mining, processing, or
                          production chain.
                (2) A description of--
                        (A) any relevant procurement, use, and supply chain
                    needs of the intelligence community with respect to rare
                    earth elements;
                        (B) any relevant planning or efforts by the
                    intelligence community to assure secured access to rare
                    earth elements;
                        (C) any assessed vulnerabilities or risks to the
                    intelligence community with respect to rare earth
                    elements;
                        (D) any relevant planning or efforts by the
                    intelligence community to coordinate with departments
                    and agencies of the United States Government that are
                    not elements of the intelligence community on securing
                    the rare earth element supply chain; and
                        (E) any previous or anticipated efforts by the
                    Supply Chain and Counterintelligence Risk Management
                    Task Force established under section 6306 of the Damon
                    Paul Nelson and Matthew Young Pollard Intelligence
                    Authorization Act for Fiscal Years 2018, 2019, and 2020
                    (50 U.S.C. 3370) with respect to rare earth elements.

        (c) Form.--The report under subsection (a) shall be submitted in
    unclassified form, but may include a classified annex.
        (d) Rare Earth Elements Defined.--In this section, the term ``rare
    earth elements'' includes products that contain rare earth elements,
    including rare earth magnets.
    SEC. 831. REPORT ON ASSESSMENT OF ALL-SOURCE CYBER INTELLIGENCE
                            INFORMATION.

        (a) <<NOTE: Coordination.>>  Report Required.--Not later than 180
    days after the date of the enactment of this Act, the Inspector General
    of the Intelligence Community, in coordination with the Inspector
    General of the National Security Agency and the Inspector General of the
    Central Intelligence Agency, shall submit to the congressional
    intelligence committees a report on the effectiveness of the
    intelligence community with respect to the integration and dissemination
    of all-source intelligence relating to foreign cyber threats.

        (b) <<NOTE: Assessments.>>  Contents.--The report under subsection
    (a) shall include the following:
                (1) An assessment of the effectiveness of the all-source
            cyber intelligence integration capabilities of the intelligence
            community, including the identification of capability gaps
            relating to the integration of all-source intelligence, or any
            deficiencies associated with the timely dissemination of such
            intelligence.
                (2) An assessment of the effectiveness of the intelligence
            community in analyzing and reporting on cyber supply chain
            risks, including with respect to interagency coordination and

    [[Page 136 STAT. 1035]]

            the leadership of the Office of the Director of National
            Intelligence.
    SEC. 832. BRIEFING ON TRAININGS RELATING TO BLOCKCHAIN TECHNOLOGY.

        (a) <<NOTE: Deadline.>>  Briefing.--Not later than 90 days after the
    date of the enactment of this Act, the Director of National Intelligence
    shall provide to the congressional intelligence committees a briefing on
    the feasibility and benefits of providing training described in
    subsection (b).

        (b) <<NOTE: Criteria.>>  Training Described.--Training described in
    this subsection is training that meets the following criteria:
                (1) The training is on cryptocurrency, blockchain
            technology, or both subjects.
                (2) The training may be provided through partnerships with
            universities or private sector entities.
    SEC. 833. REPORT ON TRENDS IN TECHNOLOGIES OF STRATEGIC IMPORTANCE
                            TO UNITED STATES.

        (a) <<NOTE: Time period. Termination
    date. Consultation. Assessments.>>  In General.--Not less frequently
    than once every 2 years until the date that is 4 years after the date of
    the enactment of this Act, the Director of National Intelligence, in
    consultation with the Secretary of Commerce and the Director of the
    Office of Science and Technology Policy, shall submit to the
    congressional intelligence committees a report assessing commercial and
    foreign trends in technologies the Director considers of strategic
    importance to the national and economic security of the United States.

        (b) <<NOTE: Lists. Determinations.>>  Contents.--Each report under
    subsection (a) shall include the following:
                (1) A list of the top technology focus areas the Director
            determines to be of the greatest strategic importance to the
            United States.
                (2) A list of the top technology focus areas in which the
            Director determines foreign countries that are adversarial to
            the United States are poised to match or surpass the
            technological leadership of the United States.

        (c) Form.--Each report under subsection (a)--
                (1) may be submitted in the form of a National Intelligence
            Estimate; and
                (2) <<NOTE: Classified information.>>  shall be submitted in
            classified form, but may include an unclassified summary.
    SEC. 834. PLAN FOR ARTIFICIAL INTELLIGENCE DIGITAL ECOSYSTEM.

        (a) <<NOTE: Deadline. Coordination.>>  Plan.--Not later than 1 year
    after the date of the enactment of this Act, the Director of National
    Intelligence shall coordinate with the heads of other elements of the
    intelligence community and, in conjunction with the heads of those
    elements, shall--
                (1) develop a plan for the development and resourcing of a
            modern digital ecosystem that embraces state-of-the-art tools
            and modern processes to enable development, testing, fielding,
            and continuous updating of artificial intelligence-powered
            applications at speed and scale from headquarters to the
            tactical edge; and
                (2) submit to the congressional intelligence committees the
            plan developed under paragraph (1).

        (b) Contents of Plan.--At a minimum, the plan required by subsection
    (a) shall include the following:

    [[Page 136 STAT. 1036]]

                (1) Policies to enable elements of the intelligence
            community to adopt a hoteling model to allow trusted small- and
            medium-sized artificial intelligence companies access to
            classified facilities on a flexible basis.
                (2) Policies for an open architecture and an evolving
            reference design and guidance for needed technical investments
            in the proposed ecosystem that address issues, including common
            interfaces, authentication, applications, platforms, software,
            hardware, and data infrastructure.
                (3) Policies to ensure, to the extent possible,
            interoperability, and the reduction of duplication, of
            artificial intelligence capabilities developed or acquired by
            elements of the intelligence community.
                (4) <<NOTE: Guidance. Standards.>>  A governance structure,
            together with associated policies and guidance, to drive the
            implementation of the reference throughout the intelligence
            community on a federated basis.
                (5) Community standards for the use of artificial
            intelligence and associated data, as appropriate.
                (6) <<NOTE: Recommenda- tions.>>  Recommendations to ensure
            that use of artificial intelligence and associated data by the
            Federal Government related to United States persons comport with
            rights relating to freedom of expression, equal protection,
            privacy, and due process.

        (c) Form.--The plan submitted under subsection (a)(2) shall be
    submitted in unclassified form, but may include a classified annex.
    SEC. 835. REPORTS ON INTELLIGENCE SUPPORT FOR AND CAPACITY OF THE
                            SERGEANTS AT ARMS OF THE SENATE AND THE
                            HOUSE OF REPRESENTATIVES AND THE UNITED
                            STATES CAPITOL POLICE.

        (a) Report on Intelligence Support.--
                (1) <<NOTE: Coordination.>>  Requirement.--Not later than 60
            days after the date of the enactment of this Act, the Director
            of National Intelligence, in coordination with the Director of
            the Federal Bureau of Investigation and the Secretary of
            Homeland Security, shall submit to the congressional
            intelligence committees, the Subcommittees on Commerce, Justice,
            Science, and Related Agencies and the Subcommittees on Homeland
            Security of the Committees on Appropriations of the House of
            Representatives and the Senate, and congressional leadership a
            report on intelligence support provided to the Sergeants at Arms
            and the United States Capitol Police.
                (2) Elements.--The report under paragraph (1) shall include
            a description of the following:
                        (A) Policies related to the Sergeants at Arms and
                    the United States Capitol Police as customers of
                    intelligence.
                        (B) How the intelligence community, the Federal
                    Bureau of Investigation, and the Department of Homeland
                    Security, including the Cybersecurity and Infrastructure
                    Security Agency, are structured, staffed, and resourced
                    to provide intelligence support to the Sergeants at Arms
                    and the United States Capitol Police.
                        (C) The classified electronic and telephony
                    interoperability of the intelligence community, the
                    Federal Bureau of Investigation, and the Department of
                    Homeland Security

    [[Page 136 STAT. 1037]]

                    with the Sergeants at Arms and the United States Capitol
                    Police.
                        (D) Any expedited security clearances provided for
                    the Sergeants at Arms and the United States Capitol
                    Police.
                        (E) Counterterrorism intelligence and other
                    intelligence relevant to the physical security of
                    Congress that are provided to the Sergeants at Arms and
                    the United States Capitol Police, including--
                              (i) strategic analysis and real-time warning;
                          and
                              (ii) access to classified systems for
                          transmitting and posting intelligence.
                        (F) Cyber intelligence relevant to the protection of
                    cyber networks of Congress and the personal devices and
                    accounts of Members and employees of Congress,
                    including--
                              (i) strategic and real-time warnings, such as
                          malware signatures and other indications of
                          attack; and
                              (ii) access to classified systems for
                          transmitting and posting intelligence.
                (3) Form.--The report under paragraph (1) shall be submitted
            in unclassified form, but may include a classified annex.

        (b) Government Accountability Office Report.--
                (1) Requirement.--Not later than 180 days after the date of
            the enactment of this Act, the Comptroller General of the United
            States shall submit to the appropriate congressional committees
            and congressional leadership a report on the capacity of the
            Sergeants at Arms and the United States Capitol Police to access
            and use intelligence and threat information relevant to the
            physical and cyber security of Congress.
                (2) Elements.--The report under paragraph (1) shall include
            the following:
                        (A) <<NOTE: Assessment.>>  An assessment of the
                    extent to which the Sergeants at Arms and the United
                    States Capitol Police have the resources, including
                    facilities, cleared personnel, and necessary training,
                    and authorities to adequately access, analyze, manage,
                    and use intelligence and threat information necessary to
                    defend the physical and cyber security of Congress.
                        (B) The extent to which the Sergeants at Arms and
                    the United States Capitol Police communicate and
                    coordinate threat data with each other and with other
                    local law enforcement entities.
                (3) Form.--The report under paragraph (1) shall be submitted
            in unclassified form, but may include a classified annex.

        (c) Definitions.--In this section:
                (1) Appropriate congressional committees.--The term
            ``appropriate congressional committees'' means--
                        (A) the congressional intelligence committees;
                        (B) the Committee on Homeland Security and
                    Governmental Affairs, the Committee on Rules and
                    Administration, the Committee on the Judiciary, and the
                    Committee on Appropriations of the Senate; and
                        (C) the Committee on Homeland Security, the
                    Committee on House Administration, the Committee on the
                    Judiciary, and the Committee on Appropriations of the
                    House of Representatives.

    [[Page 136 STAT. 1038]]

                (2) Congressional leadership.--The term ``congressional
            leadership'' means--
                        (A) the majority leader of the Senate;
                        (B) the minority leader of the Senate;
                        (C) the Speaker of the House of Representatives; and
                        (D) the minority leader of the House of
                    Representatives.
                (3) Sergeants at arms.--The term ``Sergeants at Arms'' means
            the Sergeant at Arms and Doorkeeper of the Senate, the Sergeant
            at Arms of the House of Representatives, and the Chief
            Administrative Officer of the House of Representatives.

                  DIVISION Y <<NOTE: Cyber Incident Reporting
     for Critical Infrastructure Act of 2022.>> --CYBER INCIDENT REPORTING
    FOR CRITICAL INFRASTRUCTURE ACT OF 2022
    SEC. 101. <<NOTE: 6 USC 101 note.>>  SHORT TITLE.

        This division may be cited as the ``Cyber Incident Reporting for
    Critical Infrastructure Act of 2022''.
    SEC. 102. <<NOTE: 6 USC 665j note.>>  DEFINITIONS.

        In this division:
                (1) Covered cyber incident; covered entity; cyber incident;
            information system; ransom payment; ransomware attack; security
            vulnerability.--The terms ``covered cyber incident'', ``covered
            entity'', ``cyber incident'', ``information system'', ``ransom
            payment'', ``ransomware attack'', and ``security vulnerability''
            have the meanings given those terms in section 2240 of the
            Homeland Security Act of 2002, as added by section 103 of this
            division.
                (2) Director.--The term ``Director'' means the Director of
            the Cybersecurity and Infrastructure Security Agency.
    SEC. 103. CYBER INCIDENT REPORTING.

        (a) Cyber Incident Reporting.--Title XXII of the Homeland Security
    Act of 2002 (6 U.S.C. 651 et seq.) is amended--
                (1) in section 2209(c) (6 U.S.C. 659(c))--
                        (A) in paragraph (11), by striking ``; and'' and
                    inserting a semicolon;
                        (B) in paragraph (12), by striking the period at the
                    end and inserting ``; and''; and
                        (C) by adding at the end the following:
                ``(13) receiving, aggregating, and analyzing reports related
            to covered cyber incidents (as defined in section 2240)
            submitted by covered entities (as defined in section 2240) and
            reports related to ransom payments (as defined in section 2240)
            submitted by covered entities (as defined in section 2240) in
            furtherance of the activities specified in sections 2202(e),
            2203, and 2241, this subsection, and any other authorized
            activity of the Director, to enhance the situational awareness
            of cybersecurity threats across critical infrastructure
            sectors.''; and
                (2) by adding at the end the following:

    [[Page 136 STAT. 1039]]

                     ``Subtitle D--Cyber Incident Reporting

    ``SEC. 2240. <<NOTE: 6 USC 681.>>  DEFINITIONS.

        ``In this subtitle:
                ``(1) Center.--The term `Center' means the center
            established under section 2209.
                ``(2) Cloud service provider.--The term `cloud service
            provider' means an entity offering products or services related
            to cloud computing, as defined by the National Institute of
            Standards and Technology in NIST Special Publication 800-145 and
            any amendatory or superseding document relating thereto.
                ``(3) Council.--The term `Council' means the Cyber Incident
            Reporting Council described in section 2246.
                ``(4) Covered cyber incident.--The term `covered cyber
            incident' means a substantial cyber incident experienced by a
            covered entity that satisfies the definition and criteria
            established by the Director in the final rule issued pursuant to
            section 2242(b).
                ``(5) Covered entity.--The term `covered entity' means an
            entity in a critical infrastructure sector, as defined in
            Presidential Policy Directive 21, that satisfies the definition
            established by the Director in the final rule issued pursuant to
            section 2242(b).
                ``(6) Cyber incident.--The term `cyber incident'--
                        ``(A) has the meaning given the term `incident' in
                    section 2209; and
                        ``(B) does not include an occurrence that
                    imminently, but not actually, jeopardizes--
                              ``(i) information on information systems; or
                              ``(ii) information systems.
                ``(7) Cyber threat.--The term `cyber threat' has the meaning
            given the term `cybersecurity threat' in section 2201.
                ``(8) Cyber threat indicator; cybersecurity purpose;
            defensive measure; federal entity; security vulnerability.--The
            terms `cyber threat indicator', `cybersecurity purpose',
            `defensive measure', `Federal entity', and `security
            vulnerability' have the meanings given those terms in section
            102 of the Cybersecurity Act of 2015 (6 U.S.C. 1501).
                ``(9) Incident; sharing.--The terms `incident' and `sharing'
            have the meanings given those terms in section 2209.
                ``(10) Information sharing and analysis organization.--The
            term `Information Sharing and Analysis Organization' has the
            meaning given the term in section 2222.
                ``(11) Information system.--The term `information system'--
                        ``(A) has the meaning given the term in section 3502
                    of title 44, United States Code; and
                        ``(B) includes industrial control systems, such as
                    supervisory control and data acquisition systems,
                    distributed control systems, and programmable logic
                    controllers.
                ``(12) Managed service provider.--The term `managed service
            provider' means an entity that delivers services, such as
            network, application, infrastructure, or security services, via
            ongoing and regular support and active administration on

    [[Page 136 STAT. 1040]]

            the premises of a customer, in the data center of the entity
            (such as hosting), or in a third party data center.
                ``(13) Ransom payment.--The term `ransom payment' means the
            transmission of any money or other property or asset, including
            virtual currency, or any portion thereof, which has at any time
            been delivered as ransom in connection with a ransomware attack.
                ``(14) Ransomware attack.--The term `ransomware attack'--
                        ``(A) means an incident that includes the use or
                    threat of use of unauthorized or malicious code on an
                    information system, or the use or threat of use of
                    another digital mechanism such as a denial of service
                    attack, to interrupt or disrupt the operations of an
                    information system or compromise the confidentiality,
                    availability, or integrity of electronic data stored on,
                    processed by, or transiting an information system to
                    extort a demand for a ransom payment; and
                        ``(B) does not include any such event where the
                    demand for payment is--
                              ``(i) not genuine; or
                              ``(ii) made in good faith by an entity in
                          response to a specific request by the owner or
                          operator of the information system.
                ``(15) Sector risk management agency.--The term `Sector Risk
            Management Agency' has the meaning given the term in section
            2201.
                ``(16) Significant cyber incident.--The term `significant
            cyber incident' means a cyber incident, or a group of related
            cyber incidents, that the Secretary determines is likely to
            result in demonstrable harm to the national security interests,
            foreign relations, or economy of the United States or to the
            public confidence, civil liberties, or public health and safety
            of the people of the United States.
                ``(17) Supply chain compromise.--The term `supply chain
            compromise' means an incident within the supply chain of an
            information system that an adversary can leverage or does
            leverage to jeopardize the confidentiality, integrity, or
            availability of the information system or the information the
            system processes, stores, or transmits, and can occur at any
            point during the life cycle.
                ``(18) Virtual currency.--The term `virtual currency' means
            the digital representation of value that functions as a medium
            of exchange, a unit of account, or a store of value.
                ``(19) Virtual currency address.--The term `virtual currency
            address' means a unique public cryptographic key identifying the
            location to which a virtual currency payment can be made.
    ``SEC. 2241. <<NOTE: 6 USC 681a.>>  CYBER INCIDENT REVIEW.

        ``(a) Activities.--The Center shall--
                ``(1) <<NOTE: Analysis. Assessments.>>  receive, aggregate,
            analyze, and secure, using processes consistent with the
            processes developed pursuant to the Cybersecurity Information
            Sharing Act of 2015 (6 U.S.C. 1501 et seq.) reports from covered
            entities related to a covered cyber incident to assess the
            effectiveness of security controls, identify tactics,
            techniques, and procedures adversaries use to overcome

    [[Page 136 STAT. 1041]]

            those controls and other cybersecurity purposes, including to
            assess potential impact of cyber incidents on public health and
            safety and to enhance situational awareness of cyber threats
            across critical infrastructure sectors;
                ``(2) <<NOTE: Coordination.>>  coordinate and share
            information with appropriate Federal departments and agencies to
            identify and track ransom payments, including those utilizing
            virtual currencies;
                ``(3) leverage information gathered about cyber incidents
            to--
                        ``(A) enhance the quality and effectiveness of
                    information sharing and coordination efforts with
                    appropriate entities, including agencies, sector
                    coordinating councils, Information Sharing and Analysis
                    Organizations, State, local, Tribal, and territorial
                    governments, technology providers, critical
                    infrastructure owners and operators, cybersecurity and
                    cyber incident response firms, and security researchers;
                    and
                        ``(B) provide appropriate entities, including sector
                    coordinating councils, Information Sharing and Analysis
                    Organizations, State, local, Tribal, and territorial
                    governments, technology providers, cybersecurity and
                    cyber incident response firms, and security researchers,
                    with timely, actionable, and anonymized reports of cyber
                    incident campaigns and trends, including, to the maximum
                    extent practicable, related contextual information,
                    cyber threat indicators, and defensive measures,
                    pursuant to section 2245;
                ``(4) establish mechanisms to receive feedback from
            stakeholders on how the Agency can most effectively receive
            covered cyber incident reports, ransom payment reports, and
            other voluntarily provided information, and how the Agency can
            most effectively support private sector cybersecurity;
                ``(5) facilitate the timely sharing, on a voluntary basis,
            between relevant critical infrastructure owners and operators of
            information relating to covered cyber incidents and ransom
            payments, particularly with respect to ongoing cyber threats or
            security vulnerabilities and identify and disseminate ways to
            prevent or mitigate similar cyber incidents in the future;
                ``(6) for a covered cyber incident, including a ransomware
            attack, that also satisfies the definition of a significant
            cyber incident, or is part of a group of related cyber incidents
            that together satisfy such definition, conduct a review of the
            details surrounding the covered cyber incident or group of those
            incidents and identify and disseminate ways to prevent or
            mitigate similar incidents in the future;
                ``(7) with respect to covered cyber incident reports under
            section 2242(a) and 2243 involving an ongoing cyber threat or
            security vulnerability, immediately review those reports for
            cyber threat indicators that can be anonymized and disseminated,
            with defensive measures, to appropriate stakeholders, in
            coordination with other divisions within the Agency, as
            appropriate;
                ``(8) <<NOTE: Publication. Time period. Public
            information. Reports.>>  publish quarterly unclassified, public
            reports that describe aggregated, anonymized observations,
            findings, and recommendations based on covered cyber incident
            reports, which may be based on the unclassified information
            contained in the briefings required under subsection (c);

    [[Page 136 STAT. 1042]]

                ``(9) proactively identify opportunities, consistent with
            the protections in section 2245, to leverage and utilize data on
            cyber incidents in a manner that enables and strengthens
            cybersecurity research carried out by academic institutions and
            other private sector organizations, to the greatest extent
            practicable; and
                ``(10) <<NOTE: Deadline.>>  in accordance with section 2245
            and subsection (b) of this section, as soon as possible but not
            later than 24 hours after receiving a covered cyber incident
            report, ransom payment report, voluntarily submitted information
            pursuant to section 2243, or information received pursuant to a
            request for information or subpoena under section 2244, make
            available the information to appropriate Sector Risk Management
            Agencies and other appropriate Federal agencies.

        ``(b) <<NOTE: President.>>  Interagency Sharing.--The President or a
    designee of the President--
                ``(1) <<NOTE: Requirement.>>  may establish a specific time
            requirement for sharing information under subsection (a)(10);
            and
                ``(2) <<NOTE: Determination.>>  shall determine the
            appropriate Federal agencies under subsection (a)(10).

        ``(c) <<NOTE: Deadline. Consultation.>>  Periodic Briefing.--Not
    later than 60 days after the effective date of the final rule required
    under section 2242(b), and on the first day of each month thereafter,
    the Director, in consultation with the National Cyber Director, the
    Attorney General, and the Director of National Intelligence, shall
    provide to the majority leader of the Senate, the minority leader of the
    Senate, the Speaker of the House of Representatives, the minority leader
    of the House of Representatives, the Committee on Homeland Security and
    Governmental Affairs of the Senate, and the Committee on Homeland
    Security of the House of Representatives a briefing that characterizes
    the national cyber threat landscape, including the threat facing Federal
    agencies and covered entities, and applicable intelligence and law
    enforcement information, covered cyber incidents, and ransomware
    attacks, as of the date of the briefing, which shall--
                ``(1) include the total number of reports submitted under
            sections 2242 and 2243 during the preceding month, including a
            breakdown of required and voluntary reports;
                ``(2) include any identified trends in covered cyber
            incidents and ransomware attacks over the course of the
            preceding month and as compared to previous reports, including
            any trends related to the information collected in the reports
            submitted under sections 2242 and 2243, including--
                        ``(A) the infrastructure, tactics, and techniques
                    malicious cyber actors commonly use; and
                        ``(B) intelligence gaps that have impeded, or
                    currently are impeding, the ability to counter covered
                    cyber incidents and ransomware threats;
                ``(3) include a summary of the known uses of the information
            in reports submitted under sections 2242 and 2243; and
                ``(4) include an unclassified portion, but may include a
            classified component.
    ``SEC. 2242. <<NOTE: 6 USC 681b.>>  REQUIRED REPORTING OF CERTAIN
                              CYBER INCIDENTS.

        ``(a) In General.--
                ``(1) Covered cyber incident reports.--

    [[Page 136 STAT. 1043]]

                        ``(A) In general.--A covered entity that experiences
                    a covered cyber incident shall report the covered cyber
                    incident to the Agency not later than 72 hours after the
                    covered entity reasonably believes that the covered
                    cyber incident has occurred.
                        ``(B) Limitation.--The Director may not require
                    reporting under subparagraph (A) any earlier than 72
                    hours after the covered entity reasonably believes that
                    a covered cyber incident has occurred.
                ``(2) Ransom payment reports.--
                        ``(A) In general.--A covered entity that makes a
                    ransom payment as the result of a ransomware attack
                    against the covered entity shall report the payment to
                    the Agency not later than 24 hours after the ransom
                    payment has been made.
                        ``(B) Application.--The requirements under
                    subparagraph (A) shall apply even if the ransomware
                    attack is not a covered cyber incident subject to the
                    reporting requirements under paragraph (1).
                ``(3) <<NOTE: Updates. Notification.>>  Supplemental
            reports.--A covered entity shall promptly submit to the Agency
            an update or supplement to a previously submitted covered cyber
            incident report if substantial new or different information
            becomes available or if the covered entity makes a ransom
            payment after submitting a covered cyber incident report
            required under paragraph (1), until such date that such covered
            entity notifies the Agency that the covered cyber incident at
            issue has concluded and has been fully mitigated and resolved.
                ``(4) Preservation of information.--Any covered entity
            subject to requirements of paragraph (1), (2), or (3) shall
            preserve data relevant to the covered cyber incident or ransom
            payment in accordance with procedures established in the final
            rule issued pursuant to subsection (b).
                ``(5) Exceptions.--
                        ``(A) Reporting of covered cyber incident with
                    ransom payment. <<NOTE: Applicability.>> --If a covered
                    entity is the victim of a covered cyber incident and
                    makes a ransom payment prior to the 72 hour requirement
                    under paragraph (1), such that the reporting
                    requirements under paragraphs (1) and (2) both apply,
                    the covered entity may submit a single report to satisfy
                    the requirements of both paragraphs in accordance with
                    procedures established in the final rule issued pursuant
                    to subsection (b).
                        ``(B) Substantially similar reported information.--
                              ``(i) In general.--Subject to the limitation
                          described in clause (ii), where the Agency has an
                          agreement in place that satisfies the requirements
                          of section 104(a) of the Cyber Incident Reporting
                          for Critical Infrastructure Act of 2022, the
                          requirements under paragraphs (1), (2), and (3)
                          shall not apply to a covered entity required by
                          law, regulation, or contract to report
                          substantially similar information to another
                          Federal agency within a substantially similar
                          timeframe.
                              ``(ii) Limitation.--The exemption in clause
                          (i) shall take effect with respect to a covered
                          entity once an agency agreement and sharing
                          mechanism is in place between the Agency and the
                          respective Federal agency,

    [[Page 136 STAT. 1044]]

                          pursuant to section 104(a) of the Cyber Incident
                          Reporting for Critical Infrastructure Act of 2022.
                              ``(iii) Rules of construction.--Nothing in
                          this paragraph shall be construed to--
                                        ``(I) exempt a covered entity from
                                    the reporting requirements under
                                    paragraph (3) unless the supplemental
                                    report also meets the requirements of
                                    clauses (i) and (ii) of this paragraph;
                                        ``(II) prevent the Agency from
                                    contacting an entity submitting
                                    information to another Federal agency
                                    that is provided to the Agency pursuant
                                    to section 104 of the Cyber Incident
                                    Reporting for Critical Infrastructure
                                    Act of 2022; or
                                        ``(III) prevent an entity from
                                    communicating with the Agency.
                        ``(C) <<NOTE: Determination.>>  Domain name
                    system.--The requirements under paragraphs (1), (2) and
                    (3) shall not apply to a covered entity or the functions
                    of a covered entity that the Director determines
                    constitute critical infrastructure owned, operated, or
                    governed by multi-stakeholder organizations that
                    develop, implement, and enforce policies concerning the
                    Domain Name System, such as the Internet Corporation for
                    Assigned Names and Numbers or the Internet Assigned
                    Numbers Authority.
                ``(6) Manner, timing, and form of reports.--Reports made
            under paragraphs (1), (2), and (3) shall be made in the manner
            and form, and within the time period in the case of reports made
            under paragraph (3), prescribed in the final rule issued
            pursuant to subsection (b).
                ``(7) Effective date.--Paragraphs (1) through (4) shall take
            effect on the dates prescribed in the final rule issued pursuant
            to subsection (b).

        ``(b) <<NOTE: Deadlines.>>  Rulemaking.--
                ``(1) <<NOTE: Consultation. Federal
            Register, publication.>>  Notice of proposed rulemaking.--Not
            later than 24 months after the date of enactment of this
            section, the Director, in consultation with Sector Risk
            Management Agencies, the Department of Justice, and other
            Federal agencies, shall publish in the Federal Register a notice
            of proposed rulemaking to implement subsection (a).
                ``(2) Final rule.--Not later than 18 months after
            publication of the notice of proposed rulemaking under paragraph
            (1), the Director shall issue a final rule to implement
            subsection (a).
                ``(3) Subsequent rulemakings.--
                        ``(A) In general.--The Director is authorized to
                    issue regulations to amend or revise the final rule
                    issued pursuant to paragraph (2).
                        ``(B) <<NOTE: Compliance.>>  Procedures.--Any
                    subsequent rules issued under subparagraph (A) shall
                    comply with the requirements under chapter 5 of title 5,
                    United States Code, including the issuance of a notice
                    of proposed rulemaking under section 553 of such title.

        ``(c) Elements.--The final rule issued pursuant to subsection (b)
    shall be composed of the following elements:
                ``(1) A clear description of the types of entities that
            constitute covered entities, based on--

    [[Page 136 STAT. 1045]]

                        ``(A) the consequences that disruption to or
                    compromise of such an entity could cause to national
                    security, economic security, or public health and
                    safety;
                        ``(B) the likelihood that such an entity may be
                    targeted by a malicious cyber actor, including a foreign
                    country; and
                        ``(C) the extent to which damage, disruption, or
                    unauthorized access to such an entity, including the
                    accessing of sensitive cybersecurity vulnerability
                    information or penetration testing tools or techniques,
                    will likely enable the disruption of the reliable
                    operation of critical infrastructure.
                ``(2) A clear description of the types of substantial cyber
            incidents that constitute covered cyber incidents, which shall--
                        ``(A) at a minimum, require the occurrence of--
                              ``(i) a cyber incident that leads to
                          substantial loss of confidentiality, integrity, or
                          availability of such information system or
                          network, or a serious impact on the safety and
                          resiliency of operational systems and processes;
                              ``(ii) a disruption of business or industrial
                          operations, including due to a denial of service
                          attack, ransomware attack, or exploitation of a
                          zero day vulnerability, against
                                        ``(I) an information system or
                                    network; or
                                        ``(II) an operational technology
                                    system or process; or
                              ``(iii) unauthorized access or disruption of
                          business or industrial operations due to loss of
                          service facilitated through, or caused by, a
                          compromise of a cloud service provider, managed
                          service provider, or other third-party data
                          hosting provider or by a supply chain compromise;
                        ``(B) consider--
                              ``(i) the sophistication or novelty of the
                          tactics used to perpetrate such a cyber incident,
                          as well as the type, volume, and sensitivity of
                          the data at issue;
                              ``(ii) the number of individuals directly or
                          indirectly affected or potentially affected by
                          such a cyber incident; and
                              ``(iii) potential impacts on industrial
                          control systems, such as supervisory control and
                          data acquisition systems, distributed control
                          systems, and programmable logic controllers; and
                        ``(C) exclude--
                              ``(i) any event where the cyber incident is
                          perpetrated in good faith by an entity in response
                          to a specific request by the owner or operator of
                          the information system; and
                              ``(ii) the threat of disruption as extortion,
                          as described in section 2240(14)(A).
                ``(3) <<NOTE: Requirement. Compliance.>>  A requirement
            that, if a covered cyber incident or a ransom payment occurs
            following an exempted threat described in paragraph (2)(C)(ii),
            the covered entity shall comply with the requirements in this
            subtitle in reporting the covered cyber incident or ransom
            payment.

    [[Page 136 STAT. 1046]]

                ``(4) A clear description of the specific required contents
            of a report pursuant to subsection (a)(1), which shall include
            the following information, to the extent applicable and
            available, with respect to a covered cyber incident:
                        ``(A) A description of the covered cyber incident,
                    including--
                              ``(i) identification and a description of the
                          function of the affected information systems,
                          networks, or devices that were, or are reasonably
                          believed to have been, affected by such cyber
                          incident;
                              ``(ii) a description of the unauthorized
                          access with substantial loss of confidentiality,
                          integrity, or availability of the affected
                          information system or network or disruption of
                          business or industrial operations;
                              ``(iii) the estimated date range of such
                          incident; and
                              ``(iv) the impact to the operations of the
                          covered entity.
                        ``(B) Where applicable, a description of the
                    vulnerabilities exploited and the security defenses that
                    were in place, as well as the tactics, techniques, and
                    procedures used to perpetrate the covered cyber
                    incident.
                        ``(C) Where applicable, any identifying or contact
                    information related to each actor reasonably believed to
                    be responsible for such cyber incident.
                        ``(D) Where applicable, identification of the
                    category or categories of information that were, or are
                    reasonably believed to have been, accessed or acquired
                    by an unauthorized person.
                        ``(E) The name and other information that clearly
                    identifies the covered entity impacted by the covered
                    cyber incident, including, as applicable, the State of
                    incorporation or formation of the covered entity, trade
                    names, legal names, or other identifiers.
                        ``(F) Contact information, such as telephone number
                    or electronic mail address, that the Agency may use to
                    contact the covered entity or an authorized agent of
                    such covered entity, or, where applicable, the service
                    provider of such covered entity acting with the express
                    permission of, and at the direction of, the covered
                    entity to assist with compliance with the requirements
                    of this subtitle.
                ``(5) A clear description of the specific required contents
            of a report pursuant to subsection (a)(2), which shall be the
            following information, to the extent applicable and available,
            with respect to a ransom payment:
                        ``(A) A description of the ransomware attack,
                    including the estimated date range of the attack.
                        ``(B) Where applicable, a description of the
                    vulnerabilities, tactics, techniques, and procedures
                    used to perpetrate the ransomware attack.
                        ``(C) Where applicable, any identifying or contact
                    information related to the actor or actors reasonably
                    believed to be responsible for the ransomware attack.
                        ``(D) The name and other information that clearly
                    identifies the covered entity that made the ransom
                    payment or on whose behalf the payment was made.

    [[Page 136 STAT. 1047]]

                        ``(E) Contact information, such as telephone number
                    or electronic mail address, that the Agency may use to
                    contact the covered entity that made the ransom payment
                    or an authorized agent of such covered entity, or, where
                    applicable, the service provider of such covered entity
                    acting with the express permission of, and at the
                    direction of, that covered entity to assist with
                    compliance with the requirements of this subtitle.
                        ``(F) The date of the ransom payment.
                        ``(G) The ransom payment demand, including the type
                    of virtual currency or other commodity requested, if
                    applicable.
                        ``(H) The ransom payment instructions, including
                    information regarding where to send the payment, such as
                    the virtual currency address or physical address the
                    funds were requested to be sent to, if applicable.
                        ``(I) The amount of the ransom payment.
                ``(6) A clear description of the types of data required to
            be preserved pursuant to subsection (a)(4), the period of time
            for which the data is required to be preserved, and allowable
            uses, processes, and procedures.
                ``(7) <<NOTE: Criteria.>>  Deadlines and criteria for
            submitting supplemental reports to the Agency required under
            subsection (a)(3), which shall--
                        ``(A) <<NOTE: Consultation.>>  be established by the
                    Director in consultation with the Council;
                        ``(B) consider any existing regulatory reporting
                    requirements similar in scope, purpose, and timing to
                    the reporting requirements to which such a covered
                    entity may also be subject, and make efforts to
                    harmonize the timing and contents of any such reports to
                    the maximum extent practicable;
                        ``(C) balance the need for situational awareness
                    with the ability of the covered entity to conduct cyber
                    incident response and investigations; and
                        ``(D) provide a clear description of what
                    constitutes substantial new or different information.
                ``(8) <<NOTE: Procedures.>>  Procedures for--
                        ``(A) entities, including third parties pursuant to
                    subsection (d)(1), to submit reports required by
                    paragraphs (1), (2), and (3) of subsection (a),
                    including the manner and form thereof, which shall
                    include, at a minimum, a concise, user-friendly web-
                    based form;
                        ``(B) the Agency to carry out--
                              ``(i) the enforcement provisions of section
                          2244, including with respect to the issuance,
                          service, withdrawal, referral process, and
                          enforcement of subpoenas, appeals and due process
                          procedures;
                              ``(ii) other available enforcement mechanisms
                          including acquisition, suspension and debarment
                          procedures; and
                              ``(iii) other aspects of noncompliance;
                        ``(C) implementing the exceptions provided in
                    subsection (a)(5); and
                        ``(D) protecting privacy and civil liberties
                    consistent with processes adopted pursuant to section
                    105(b) of the Cybersecurity Act of 2015 (6 U.S.C.
                    1504(b)) and

    [[Page 136 STAT. 1048]]

                    anonymizing and safeguarding, or no longer retaining,
                    information received and disclosed through covered cyber
                    incident reports and ransom payment reports that is
                    known to be personal information of a specific
                    individual or information that identifies a specific
                    individual that is not directly related to a
                    cybersecurity threat.
                ``(9) Other procedural measures directly necessary to
            implement subsection (a).

        ``(d) Third Party Report Submission and Ransom Payment.--
                ``(1) Report submission.--A covered entity that is required
            to submit a covered cyber incident report or a ransom payment
            report may use a third party, such as an incident response
            company, insurance provider, service provider, Information
            Sharing and Analysis Organization, or law firm, to submit the
            required report under subsection (a).
                ``(2) Ransom payment.--If a covered entity impacted by a
            ransomware attack uses a third party to make a ransom payment,
            the third party shall not be required to submit a ransom payment
            report for itself under subsection (a)(2).
                ``(3) Duty to report.--Third-party reporting under this
            subparagraph does not relieve a covered entity from the duty to
            comply with the requirements for covered cyber incident report
            or ransom payment report submission.
                ``(4) Responsibility to advise.--Any third party used by a
            covered entity that knowingly makes a ransom payment on behalf
            of a covered entity impacted by a ransomware attack shall advise
            the impacted covered entity of the responsibilities of the
            impacted covered entity regarding reporting ransom payments
            under this section.

        ``(e) Outreach to Covered Entities.--
                ``(1) In general.--The Agency shall conduct an outreach and
            education campaign to inform likely covered entities, entities
            that offer or advertise as a service to customers to make or
            facilitate ransom payments on behalf of covered entities
            impacted by ransomware attacks and other appropriate entities of
            the requirements of paragraphs (1), (2), and (3) of subsection
            (a).
                ``(2) Elements.--The outreach and education campaign under
            paragraph (1) shall include the following:
                        ``(A) An overview of the final rule issued pursuant
                    to subsection (b).
                        ``(B) An overview of mechanisms to submit to the
                    Agency covered cyber incident reports, ransom payment
                    reports, and information relating to the disclosure,
                    retention, and use of covered cyber incident reports and
                    ransom payment reports under this section.
                        ``(C) An overview of the protections afforded to
                    covered entities for complying with the requirements
                    under paragraphs (1), (2), and (3) of subsection (a).
                        ``(D) An overview of the steps taken under section
                    2244 when a covered entity is not in compliance with the
                    reporting requirements under subsection (a).
                        ``(E) Specific outreach to cybersecurity vendors,
                    cyber incident response providers, cybersecurity
                    insurance entities, and other entities that may support
                    covered entities.
                        ``(F) An overview of the privacy and civil liberties
                    requirements in this subtitle.

    [[Page 136 STAT. 1049]]

                ``(3) Coordination.--In conducting the outreach and
            education campaign required under paragraph (1), the Agency may
            coordinate with--
                        ``(A) the Critical Infrastructure Partnership
                    Advisory Council established under section 871;
                        ``(B) Information Sharing and Analysis
                    Organizations;
                        ``(C) trade associations;
                        ``(D) information sharing and analysis centers;
                        ``(E) sector coordinating councils; and
                        ``(F) <<NOTE: Determination.>>  any other entity as
                    determined appropriate by the Director.

        ``(f) Exemption.--Sections 3506(c), 3507, 3508, and 3509 of title
    44, United States Code, shall not apply to any action to carry out this
    section.
        ``(g) Rule of Construction.--Nothing in this section shall affect
    the authorities of the Federal Government to implement the requirements
    of Executive Order 14028 (86 Fed. Reg. 26633; relating to improving the
    nation's cybersecurity), including changes to the Federal Acquisition
    Regulations and remedies to include suspension and debarment.
        ``(h) Savings Provision.--Nothing in this section shall be construed
    to supersede or to abrogate, modify, or otherwise limit the authority
    that is vested in any officer or any agency of the United States
    Government to regulate or take action with respect to the cybersecurity
    of an entity.
    ``SEC. 2243. <<NOTE: 6 USC 681c.>>  VOLUNTARY REPORTING OF OTHER
                              CYBER INCIDENTS.

        ``(a) In General.--Entities may voluntarily report cyber incidents
    or ransom payments to the Agency that are not required under paragraph
    (1), (2), or (3) of section 2242(a), but may enhance the situational
    awareness of cyber threats.
        ``(b) Voluntary Provision of Additional Information in Required
    Reports.--Covered entities may voluntarily include in reports required
    under paragraph (1), (2), or (3) of section 2242(a) information that is
    not required to be included, but may enhance the situational awareness
    of cyber threats.
        ``(c) Application of Protections.--The protections under section
    2245 applicable to reports made under section 2242 shall apply in the
    same manner and to the same extent to reports and information submitted
    under subsections (a) and (b).
    ``SEC. 2244. <<NOTE: 6 USC 681d.>>  NONCOMPLIANCE WITH REQUIRED
                              REPORTING.

        ``(a) <<NOTE: Subpoenas. Determination.>>  Purpose.--In the event
    that a covered entity that is required to submit a report under section
    2242(a) fails to comply with the requirement to report, the Director may
    obtain information about the cyber incident or ransom payment by
    engaging the covered entity directly to request information about the
    cyber incident or ransom payment, and if the Director is unable to
    obtain information through such engagement, by issuing a subpoena to the
    covered entity, pursuant to subsection (c), to gather information
    sufficient to determine whether a covered cyber incident or ransom
    payment has occurred.

        ``(b) Initial Request for Information.--
                ``(1) In general.--If the Director has reason to believe,
            whether through public reporting or other information in the
            possession of the Federal Government, including through analysis
            performed pursuant to paragraph (1) or (2) of section 2241(a),
            that a covered entity has experienced a covered cyber

    [[Page 136 STAT. 1050]]

            incident or made a ransom payment but failed to report such
            cyber incident or payment to the Agency in accordance with
            section 2242(a), the Director may request additional information
            from the covered entity to confirm whether or not a covered
            cyber incident or ransom payment has occurred.
                ``(2) Treatment.--Information provided to the Agency in
            response to a request under paragraph (1) shall be treated as if
            it was submitted through the reporting procedures established in
            section 2242.

        ``(c) Enforcement.--
                ``(1) <<NOTE: Deadline. Subpoenas. Determination.>>  In
            general.--If, after the date that is 72 hours from the date on
            which the Director made the request for information in
            subsection (b), the Director has received no response from the
            covered entity from which such information was requested, or
            received an inadequate response, the Director may issue to such
            covered entity a subpoena to compel disclosure of information
            the Director deems necessary to determine whether a covered
            cyber incident or ransom payment has occurred and obtain the
            information required to be reported pursuant to section 2242 and
            any implementing regulations, and assess potential impacts to
            national security, economic security, or public health and
            safety.
                ``(2) Civil action.--
                        ``(A) In general.--If a covered entity fails to
                    comply with a subpoena, the Director may refer the
                    matter to the Attorney General to bring a civil action
                    in a district court of the United States to enforce such
                    subpoena.
                        ``(B) Venue.--An action under this paragraph may be
                    brought in the judicial district in which the covered
                    entity against which the action is brought resides, is
                    found, or does business.
                        ``(C) Contempt of court.--A court may punish a
                    failure to comply with a subpoena issued under this
                    subsection as contempt of court.
                ``(3) Non-delegation.--The authority of the Director to
            issue a subpoena under this subsection may not be delegated.
                ``(4) Authentication.--
                        ``(A) In general.--Any subpoena issued
                    electronically pursuant to this subsection shall be
                    authenticated with a cryptographic digital signature of
                    an authorized representative of the Agency, or other
                    comparable successor technology, that allows the Agency
                    to demonstrate that such subpoena was issued by the
                    Agency and has not been altered or modified since such
                    issuance.
                        ``(B) Invalid if not authenticated.--Any subpoena
                    issued electronically pursuant to this subsection that
                    is not authenticated in accordance with subparagraph (A)
                    shall not be considered to be valid by the recipient of
                    such subpoena.

        ``(d) Provision of Certain Information to Attorney General.--
                ``(1) <<NOTE: Determination.>>  In general.--Notwithstanding
            section 2245(a)(5) and paragraph (b)(2) of this section, if the
            Director determines, based on the information provided in
            response to a subpoena issued pursuant to subsection (c), that
            the facts relating to the cyber incident or ransom payment at
            issue may constitute grounds for a regulatory enforcement action
            or criminal

    [[Page 136 STAT. 1051]]

            prosecution, the Director may provide such information to the
            Attorney General or the head of the appropriate Federal
            regulatory agency, who may use such information for a regulatory
            enforcement action or criminal prosecution.
                ``(2) Consultation.--The Director may consult with the
            Attorney General or the head of the appropriate Federal
            regulatory agency when making the determination under paragraph
            (1).

        ``(e) <<NOTE: Determination.>>  Considerations.--When determining
    whether to exercise the authorities provided under this section, the
    Director shall take into consideration--
                ``(1) the complexity in determining if a covered cyber
            incident has occurred; and
                ``(2) prior interaction with the Agency or awareness of the
            covered entity of the policies and procedures of the Agency for
            reporting covered cyber incidents and ransom payments.

        ``(f) Exclusions.--This section shall not apply to a State, local,
    Tribal, or territorial government entity.
        ``(g) Report to Congress.--The Director shall submit to Congress an
    annual report on the number of times the Director--
                ``(1) issued an initial request for information pursuant to
            subsection (b);
                ``(2) issued a subpoena pursuant to subsection (c); or
                ``(3) referred a matter to the Attorney General for a civil
            action pursuant to subsection (c)(2).

        ``(h) <<NOTE: Web posting.>>  Publication of the Annual Report.--The
    Director shall publish a version of the annual report required under
    subsection (g) on the website of the Agency, which shall include, at a
    minimum, the number of times the Director--
                ``(1) issued an initial request for information pursuant to
            subsection (b); or
                ``(2) issued a subpoena pursuant to subsection (c).

        ``(i) Anonymization of Reports.--The Director shall ensure any
    victim information contained in a report required to be published under
    subsection (h) be anonymized before the report is published.
    ``SEC. 2245. <<NOTE: 6 USC 681e.>>  INFORMATION SHARED WITH OR
                              PROVIDED TO THE FEDERAL GOVERNMENT.

        ``(a) Disclosure, Retention, and Use.--
                ``(1) Authorized activities.--Information provided to the
            Agency pursuant to section 2242 or 2243 may be disclosed to,
            retained by, and used by, consistent with otherwise applicable
            provisions of Federal law, any Federal agency or department,
            component, officer, employee, or agent of the Federal Government
            solely for--
                        ``(A) a cybersecurity purpose;
                        ``(B) the purpose of identifying--
                              ``(i) a cyber threat, including the source of
                          the cyber threat; or
                              ``(ii) a security vulnerability;
                        ``(C) the purpose of responding to, or otherwise
                    preventing or mitigating, a specific threat of death, a
                    specific threat of serious bodily harm, or a specific
                    threat of serious economic harm, including a terrorist
                    act or use of a weapon of mass destruction;

    [[Page 136 STAT. 1052]]

                        ``(D) the purpose of responding to, investigating,
                    prosecuting, or otherwise preventing or mitigating, a
                    serious threat to a minor, including sexual exploitation
                    and threats to physical safety; or
                        ``(E) the purpose of preventing, investigating,
                    disrupting, or prosecuting an offense arising out of a
                    cyber incident reported pursuant to section 2242 or 2243
                    or any of the offenses listed in section 105(d)(5)(A)(v)
                    of the Cybersecurity Act of 2015 (6 U.S.C.
                    1504(d)(5)(A)(v)).
                ``(2) Agency actions after receipt.--
                        ``(A) <<NOTE: Review. Determination.>>  Rapid,
                    confidential sharing of cyber threat indicators.--Upon
                    receiving a covered cyber incident or ransom payment
                    report submitted pursuant to this section, the Agency
                    shall immediately review the report to determine whether
                    the cyber incident that is the subject of the report is
                    connected to an ongoing cyber threat or security
                    vulnerability and where applicable, use such report to
                    identify, develop, and rapidly disseminate to
                    appropriate stakeholders actionable, anonymized cyber
                    threat indicators and defensive measures.
                        ``(B) Principles for sharing security
                    vulnerabilities.--With respect to information in a
                    covered cyber incident or ransom payment report
                    regarding a security vulnerability referred to in
                    paragraph (1)(B)(ii), the Director shall develop
                    principles that govern the timing and manner in which
                    information relating to security vulnerabilities may be
                    shared, consistent with common industry best practices
                    and United States and international standards.
                ``(3) Privacy and civil liberties.--Information contained in
            covered cyber incident and ransom payment reports submitted to
            the Agency pursuant to section 2242 shall be retained, used, and
            disseminated, where permissible and appropriate, by the Federal
            Government in accordance with processes to be developed for the
            protection of personal information consistent with processes
            adopted pursuant to section 105 of the Cybersecurity Act of 2015
            (6 U.S.C. 1504) and in a manner that protects personal
            information from unauthorized use or unauthorized disclosure.
                ``(4) Digital security.--The Agency shall ensure that
            reports submitted to the Agency pursuant to section 2242, and
            any information contained in those reports, are collected,
            stored, and protected at a minimum in accordance with the
            requirements for moderate impact Federal information systems, as
            described in Federal Information Processing Standards
            Publication 199, or any successor document.
                ``(5) Prohibition on use of information in regulatory
            actions.--
                        ``(A) In general.--A Federal, State, local, or
                    Tribal government shall not use information about a
                    covered cyber incident or ransom payment obtained solely
                    through reporting directly to the Agency in accordance
                    with this subtitle to regulate, including through an
                    enforcement action, the activities of the covered entity
                    or entity that made a ransom payment, unless the
                    government entity expressly allows entities to submit
                    reports to the Agency to meet regulatory reporting
                    obligations of the entity.

    [[Page 136 STAT. 1053]]

                        ``(B) Clarification.--A report submitted to the
                    Agency pursuant to section 2242 or 2243 may, consistent
                    with Federal or State regulatory authority specifically
                    relating to the prevention and mitigation of
                    cybersecurity threats to information systems, inform the
                    development or implementation of regulations relating to
                    such systems.

        ``(b) Protections for Reporting Entities and Information.--Reports
    describing covered cyber incidents or ransom payments submitted to the
    Agency by entities in accordance with section 2242, as well as
    voluntarily-submitted cyber incident reports submitted to the Agency
    pursuant to section 2243, shall--
                ``(1) be considered the commercial, financial, and
            proprietary information of the covered entity when so designated
            by the covered entity;
                ``(2) be exempt from disclosure under section 552(b)(3) of
            title 5, United States Code (commonly known as the `Freedom of
            Information Act'), as well as any provision of State, Tribal, or
            local freedom of information law, open government law, open
            meetings law, open records law, sunshine law, or similar law
            requiring disclosure of information or records;
                ``(3) be considered not to constitute a waiver of any
            applicable privilege or protection provided by law, including
            trade secret protection; and
                ``(4) not be subject to a rule of any Federal agency or
            department or any judicial doctrine regarding ex parte
            communications with a decision-making official.

        ``(c) Liability Protections.--
                ``(1) In general.--No cause of action shall lie or be
            maintained in any court by any person or entity and any such
            action shall be promptly dismissed for the submission of a
            report pursuant to section 2242(a) that is submitted in
            conformance with this subtitle and the rule promulgated under
            section 2242(b), except that this subsection shall not apply
            with regard to an action by the Federal Government pursuant to
            section 2244(c)(2).
                ``(2) <<NOTE: Applicability.>>  Scope.--The liability
            protections provided in this subsection shall only apply to or
            affect litigation that is solely based on the submission of a
            covered cyber incident report or ransom payment report to the
            Agency.
                ``(3) Restrictions.--Notwithstanding paragraph (2), no
            report submitted to the Agency pursuant to this subtitle or any
            communication, document, material, or other record, created for
            the sole purpose of preparing, drafting, or submitting such
            report, may be received in evidence, subject to discovery, or
            otherwise used in any trial, hearing, or other proceeding in or
            before any court, regulatory body, or other authority of the
            United States, a State, or a political subdivision thereof,
            provided that nothing in this subtitle shall create a defense to
            discovery or otherwise affect the discovery of any
            communication, document, material, or other record not created
            for the sole purpose of preparing, drafting, or submitting such
            report.

        ``(d) Sharing With Non-Federal Entities.--The Agency shall anonymize
    the victim who reported the information when making information provided
    in reports received under section 2242 available to critical
    infrastructure owners and operators and the general public.

    [[Page 136 STAT. 1054]]

        ``(e) Stored Communications Act.--Nothing in this subtitle shall be
    construed to permit or require disclosure by a provider of a remote
    computing service or a provider of an electronic communication service
    to the public of information not otherwise permitted or required to be
    disclosed under chapter 121 of title 18, United States Code (commonly
    known as the `Stored Communications Act').
    ``SEC. 2246. <<NOTE: 6 USC 681f.>>  CYBER INCIDENT REPORTING
                              COUNCIL.

        ``(a) <<NOTE: Consultation. Coordination.>>  Responsibility of the
    Secretary.--The Secretary shall lead an intergovernmental Cyber Incident
    Reporting Council, in consultation with the Director of the Office of
    Management and Budget, the Attorney General, the National Cyber
    Director, Sector Risk Management Agencies, and other appropriate Federal
    agencies, to coordinate, deconflict, and harmonize Federal incident
    reporting requirements, including those issued through regulations.

        ``(b) Rule of Construction.--Nothing in subsection (a) shall be
    construed to provide any additional regulatory authority to any Federal
    entity.''.
        (b) Technical and Conforming Amendment.--The table of contents in
    section 1(b) of the Homeland Security Act of 2002 (Public Law 107-296;
    116 Stat. 2135) is amended by inserting after the items relating to
    subtitle C of title XXII the following:

                     ``Subtitle D--Cyber Incident Reporting

    ``Sec. 2240. Definitions.
    ``Sec. 2241. Cyber Incident Review.
    ``Sec. 2242. Required reporting of certain cyber incidents.
    ``Sec. 2243. Voluntary reporting of other cyber incidents.
    ``Sec. 2244. Noncompliance with required reporting.
    ``Sec. 2245. Information shared with or provided to the Federal
               Government.
    ``Sec. 2246. Cyber Incident Reporting Council.''.

    SEC. 104. <<NOTE: 6 USC 681g.>>  FEDERAL SHARING OF INCIDENT
                            REPORTS.

        (a) Cyber Incident Reporting Sharing.--
                (1) In general.--Notwithstanding any other provision of law
            or regulation, any Federal agency, including any independent
            establishment (as defined in section 104 of title 5, United
            States Code), that receives a report from an entity of a cyber
            incident, including a ransomware attack, shall provide the
            report to the Agency as soon as possible, but not later than 24
            hours after receiving the report, unless a shorter period is
            required by an agreement made between the Department of Homeland
            Security (including the Cybersecurity and Infrastructure
            Security Agency) and the recipient Federal
            agency. <<NOTE: Coordination.>>  The Director shall share and
            coordinate each report pursuant to section 2241(b) of the
            Homeland Security Act of 2002, as added by section 103 of this
            division.
                (2) Rule of construction.--The requirements described in
            paragraph (1) and section 2245(d) of the Homeland Security Act
            of 2002, as added by section 103 of this division, may not be
            construed to be a violation of any provision of law or policy
            that would otherwise prohibit disclosure or provision of
            information within the executive branch.
                (3) <<NOTE: Compliance.>>  Protection of information.--The
            Director shall comply with any obligations of the recipient
            Federal agency described in paragraph (1) to protect
            information, including with respect to privacy, confidentiality,
            or information security, if those obligations would impose
            greater protection requirements than this division or the
            amendments made by this division.

    [[Page 136 STAT. 1055]]

                (4) Effective date.--This subsection shall take effect on
            the effective date of the final rule issued pursuant to section
            2242(b) of the Homeland Security Act of 2002, as added by
            section 103 of this division.
                (5) Agency agreements.--
                        (A) In general.--The Agency and any Federal agency,
                    including any independent establishment (as defined in
                    section 104 of title 5, United States Code), that
                    receives incident reports from entities, including due
                    to ransomware attacks, shall, as appropriate, enter into
                    a documented agreement to establish policies, processes,
                    procedures, and mechanisms to ensure reports are shared
                    with the Agency pursuant to paragraph (1).
                        (B) <<NOTE: Public information.>>  Availability.--To
                    the maximum extent practicable, each documented
                    agreement required under subparagraph (A) shall be made
                    publicly available.
                        (C) Requirement.--The documented agreements required
                    by subparagraph (A) shall require reports be shared from
                    Federal agencies with the Agency in such time as to meet
                    the overall timeline for covered entity reporting of
                    covered cyber incidents and ransom payments established
                    in section 2242 of the Homeland Security Act of 2002, as
                    added by section 103 of this division.

        (b) <<NOTE: Consultation.>>  Harmonizing Reporting Requirements.--
    The Secretary of Homeland Security, acting through the Director, shall,
    in consultation with the Cyber Incident Reporting Council described in
    section 2246 of the Homeland Security Act of 2002, as added by section
    103 of this division, to the maximum extent practicable--
                (1) <<NOTE: Reviews.>>  periodically review existing
            regulatory requirements, including the information required in
            such reports, to report incidents and ensure that any such
            reporting requirements and procedures avoid conflicting,
            duplicative, or burdensome requirements; and
                (2) <<NOTE: Coordination.>>  coordinate with appropriate
            Federal partners and regulatory authorities that receive reports
            relating to incidents to identify opportunities to streamline
            reporting processes, and where feasible, facilitate interagency
            agreements between such authorities to permit the sharing of
            such reports, consistent with applicable law and policy, without
            impacting the ability of the Agency to gain timely situational
            awareness of a covered cyber incident or ransom payment.
    SEC. 105. <<NOTE: 6 USC 652 note.>>  RANSOMWARE VULNERABILITY
                            WARNING PILOT PROGRAM.

        (a) Program. <<NOTE: Deadline. Procedures.>> --Not later than 1 year
    after the date of enactment of this Act, the Director shall establish a
    ransomware vulnerability warning pilot program to leverage existing
    authorities and technology to specifically develop processes and
    procedures for, and to dedicate resources to, identifying information
    systems that contain security vulnerabilities associated with common
    ransomware attacks, and to notify the owners of those vulnerable systems
    of their security vulnerability.

        (b) Identification of Vulnerable Systems.--The pilot program
    established under subsection (a) shall--
                (1) identify the most common security vulnerabilities
            utilized in ransomware attacks and mitigation techniques; and

    [[Page 136 STAT. 1056]]

                (2) utilize existing authorities to identify information
            systems that contain the security vulnerabilities identified in
            paragraph (1).

        (c) Entity Notification.--
                (1) Identification.--If the Director is able to identify the
            entity at risk that owns or operates a vulnerable information
            system identified in subsection (b), the Director may notify the
            owner of the information system.
                (2) <<NOTE: Subpoenas.>>  No identification.--If the
            Director is not able to identify the entity at risk that owns or
            operates a vulnerable information system identified in
            subsection (b), the Director may utilize the subpoena authority
            pursuant to section 2209 of the Homeland Security Act of 2002 (6
            U.S.C. 659) to identify and notify the entity at risk pursuant
            to the procedures under that section.
                (3) Required information.--A notification made under
            paragraph (1) shall include information on the identified
            security vulnerability and mitigation techniques.

        (d) Prioritization of Notifications.--To the extent practicable, the
    Director shall prioritize covered entities for identification and
    notification activities under the pilot program established under this
    section.
        (e) Limitation on Procedures.--No procedure, notification, or other
    authorities utilized in the execution of the pilot program established
    under subsection (a) shall require an owner or operator of a vulnerable
    information system to take any action as a result of a notice of a
    security vulnerability made pursuant to subsection (c).
        (f) Rule of Construction.--Nothing in this section shall be
    construed to provide additional authorities to the Director to identify
    vulnerabilities or vulnerable systems.
        (g) Termination.--The pilot program established under subsection (a)
    shall terminate on the date that is 4 years after the date of enactment
    of this Act.
    SEC. 106. <<NOTE: 6 USC 665j.>>  RANSOMWARE THREAT MITIGATION
                            ACTIVITIES.

        (a) Joint Ransomware Task Force.--

            (1) <<NOTE: Deadline. Consultation. Establishment. Coordination.>>
             In general.--Not later than 180 days after the date of
            enactment of this Act, the Director, in consultation with the
            National Cyber Director, the Attorney General, and the Director
            of the Federal Bureau of Investigation, shall establish and
            chair the Joint Ransomware Task Force to coordinate an ongoing
            nationwide campaign against ransomware attacks, and identify and
            pursue opportunities for international cooperation.
                (2) <<NOTE: Determination. Consultation.>>  Composition.--
            The Joint Ransomware Task Force shall consist of participants
            from Federal agencies, as determined appropriate by the National
            Cyber Director in consultation with the Secretary of Homeland
            Security.
                (3) <<NOTE: Coordination.>>  Responsibilities.--The Joint
            Ransomware Task Force, utilizing only existing authorities of
            each participating Federal agency, shall coordinate across the
            Federal Government the following activities:
                        (A) Prioritization of intelligence-driven operations
                    to disrupt specific ransomware actors.

    [[Page 136 STAT. 1057]]

                        (B) <<NOTE: Consultation.>>  Consult with relevant
                    private sector, State, local, Tribal, and territorial
                    governments and international stakeholders to identify
                    needs and establish mechanisms for providing input into
                    the Joint Ransomware Task Force.
                        (C) <<NOTE: Consultation.>>  Identifying, in
                    consultation with relevant entities, a list of highest
                    threat ransomware entities updated on an ongoing basis,
                    in order to facilitate--
                              (i) prioritization for Federal action by
                          appropriate Federal agencies; and
                              (ii) identify metrics for success of said
                          actions.
                        (D) Disrupting ransomware criminal actors,
                    associated infrastructure, and their finances.
                        (E) <<NOTE: Coordination.>>  Facilitating
                    coordination and collaboration between Federal entities
                    and relevant entities, including the private sector, to
                    improve Federal actions against ransomware threats.
                        (F) <<NOTE: Analysis.>>  Collection, sharing, and
                    analysis of ransomware trends to inform Federal actions.
                        (G) <<NOTE: Reports.>>  Creation of after-action
                    reports and other lessons learned from Federal actions
                    that identify successes and failures to improve
                    subsequent actions.
                        (H) <<NOTE: Determination.>>  Any other activities
                    determined appropriate by the Joint Ransomware Task
                    Force to mitigate the threat of ransomware attacks.

        (b) Rule of Construction.--Nothing in this section shall be
    construed to provide any additional authority to any Federal agency.
    SEC. 107. CONGRESSIONAL REPORTING.

        (a) Report on Stakeholder Engagement.--Not later than 30 days after
    the date on which the Director issues the final rule under section
    2242(b) of the Homeland Security Act of 2002, as added by section 103 of
    this division, the Director shall submit to the Committee on Homeland
    Security and Governmental Affairs of the Senate and the Committee on
    Homeland Security of the House of Representatives a report that
    describes how the Director engaged stakeholders in the development of
    the final rule.
        (b) Report on Opportunities to Strengthen Security Research.--Not
    later than 1 year after the date of enactment of this Act, the Director
    shall submit to the Committee on Homeland Security and Governmental
    Affairs of the Senate and the Committee on Homeland Security of the
    House of Representatives a report describing how the National
    Cybersecurity and Communications Integration Center established under
    section 2209 of the Homeland Security Act of 2002 (6 U.S.C. 659) has
    carried out activities under section 2241(a)(9) of the Homeland Security
    Act of 2002, as added by section 103 of this division, by proactively
    identifying opportunities to use cyber incident data to inform and
    enable cybersecurity research within the academic and private sector.
        (c) <<NOTE: Time period. Annex.>>  Report on Ransomware
    Vulnerability Warning Pilot Program.--Not later than 1 year after the
    date of enactment of this Act, and annually thereafter for the duration
    of the pilot program established under section 105, the Director shall
    submit to the Committee on Homeland Security and Governmental Affairs of
    the Senate and the Committee on Homeland Security of the House of
    Representatives a report, which may include a classified annex, on the
    effectiveness of the pilot program, which shall include a discussion of
    the following:

    [[Page 136 STAT. 1058]]

                (1) The effectiveness of the notifications under section
            105(c) in mitigating security vulnerabilities and the threat of
            ransomware.
                (2) Identification of the most common vulnerabilities
            utilized in ransomware.
                (3) The number of notifications issued during the preceding
            year.
                (4) To the extent practicable, the number of vulnerable
            devices or systems mitigated under the pilot program by the
            Agency during the preceding year.

        (d) Report on Harmonization of Reporting Regulations.--
                (1) In general.--Not later than 180 days after the date on
            which the Secretary of Homeland Security convenes the Cyber
            Incident Reporting Council described in section 2246 of the
            Homeland Security Act of 2002, as added by section 103 of this
            division, the Secretary of Homeland Security shall submit to the
            appropriate congressional committees a report that includes--
                        (A) <<NOTE: List.>>  a list of duplicative Federal
                    cyber incident reporting requirements on covered
                    entities;
                        (B) a description of any challenges in harmonizing
                    the duplicative reporting requirements;
                        (C) any actions the Director intends to take to
                    facilitate harmonizing the duplicative reporting
                    requirements; and
                        (D) <<NOTE: Legislative proposals.>>  any proposed
                    legislative changes necessary to address the duplicative
                    reporting.
                (2) Rule of construction.--Nothing in paragraph (1) shall be
            construed to provide any additional regulatory authority to any
            Federal agency.

        (e) GAO Reports.--
                (1) Implementation of this division.--Not later than 2 years
            after the date of enactment of this Act, the Comptroller General
            of the United States shall submit to the Committee on Homeland
            Security and Governmental Affairs of the Senate and the
            Committee on Homeland Security of the House of Representatives a
            report on the implementation of this division and the amendments
            made by this division.
                (2) <<NOTE: Evaluations.>>  Exemptions to reporting.--Not
            later than 1 year after the date on which the Director issues
            the final rule required under section 2242(b) of the Homeland
            Security Act of 2002, as added by section 103 of this division,
            the Comptroller General of the United States shall submit to the
            Committee on Homeland Security and Governmental Affairs of the
            Senate and the Committee on Homeland Security of the House of
            Representatives a report on the exemptions to reporting under
            paragraphs (2) and (5) of section 2242(a) of the Homeland
            Security Act of 2002, as added by section 103 of this division,
            which shall include--
                        (A) to the extent practicable, an evaluation of the
                    quantity of cyber incidents not reported to the Federal
                    Government;
                        (B) an evaluation of the impact on impacted
                    entities, homeland security, and the national economy
                    due to cyber incidents, ransomware attacks, and ransom
                    payments, including a discussion on the scope of impact
                    of cyber incidents that were not reported to the Federal
                    Government;

    [[Page 136 STAT. 1059]]

                        (C) an evaluation of the burden, financial and
                    otherwise, on entities required to report cyber
                    incidents under this division, including an analysis of
                    entities that meet the definition of a small business
                    concern under section 3 of the Small Business Act (15
                    U.S.C. 632); and
                        (D) a description of the consequences and effects of
                    limiting covered cyber incident and ransom payment
                    reporting to only covered entities.

        (f) Report on Effectiveness of Enforcement Mechanisms.--Not later
    than 1 year after the date on which the Director issues the final rule
    required under section 2242(b) of the Homeland Security Act of 2002, as
    added by section 103 of this division, the Director shall submit to the
    Committee on Homeland Security and Governmental Affairs of the Senate
    and the Committee on Homeland Security of the House of Representatives a
    report on the effectiveness of the enforcement mechanisms within section
    2244 of the Homeland Security Act of 2002, as added by section 103 of
    this division.

       DIVISION Z <<NOTE: Israel Relations Normalization Act of 2022.>> --
    ISRAEL RELATIONS NORMALIZATION ACT OF 2022
    SEC. 101. <<NOTE: 22 USC 8601 note.>>  SHORT TITLE.

        This division may be cited as the ``Israel Relations Normalization
    Act of 2022''.
    SEC. 102. FINDINGS.

        Congress makes the following findings:
                (1) Support for peace between Israel and its neighbors has
            longstanding bipartisan support in Congress.
                (2) For decades, Congress has promoted Israel's acceptance
            among Arab and other relevant countries and regions by passing
            numerous laws opposing efforts to boycott, isolate, and
            stigmatize America's ally, Israel.
                (3) The recent peace and normalization agreements between
            Israel and several Arab states--the United Arab Emirates,
            Bahrain, Sudan, and Morocco--have the potential to fundamentally
            transform the security, diplomatic, and economic environment in
            the Middle East and North Africa and advance vital United States
            national security interests.
                (4) These historic agreements could help advance peace
            between and among Israel, the Arab states, and other relevant
            countries and regions, further diplomatic openings, and enhance
            efforts towards a negotiated solution to the Israeli-Palestinian
            conflict resulting in two states--a democratic Jewish state of
            Israel and a viable, democratic Palestinian state--living side
            by side in peace, security, and mutual recognition.
                (5) These agreements build upon the decades-long leadership
            of the United States Government in helping Israel broker peace
            treaties with Egypt and Jordan and promoting peace talks between
            Israel and Syria, Lebanon, and the Palestinians.
                (6) These agreements also build on decades of private
            diplomatic and security engagement between Israel and countries
            in the region.

    [[Page 136 STAT. 1060]]

                (7) These normalization and peace agreements could begin to
            transform the region by spurring economic growth, investment,
            and tourism, enhancing technological innovation, promoting
            security cooperation, bolstering water security and sustainable
            development, advancing understanding, and forging closer people-
            to-people relations.
    SEC. 103. APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.

        In this division, the term ``appropriate congressional committees''
    means the Committee on Foreign Relations of the Senate and the Committee
    on Foreign Affairs of the House of Representatives.
    SEC. 104. STATEMENT OF POLICY.

        It is the policy of the United States--
                (1) to expand and strengthen the Abraham Accords to
            encourage other nations to normalize relations with Israel and
            ensure that existing agreements reap tangible security and
            economic benefits for the citizens of those countries;
                (2) to develop and implement a regional strategy to
            encourage economic cooperation between and among Israel, Arab
            states, and the Palestinians to enhance the prospects for peace,
            respect for human rights, transparent governance, and for
            cooperation to address water scarcity, climate solutions, health
            care, sustainable development, and other areas that result in
            benefits for residents of those countries and regions;
                (3) to develop and implement a regional security strategy
            that recognizes the shared threat posed by Iran and violent
            extremist organizations, ensures sufficient United States
            deterrence in the region, builds partner capacity to address
            shared threats, and explores multilateral security arrangements
            built around like-minded partners;
                (4) to support and encourage government-to-government and
            grassroots initiatives aimed at normalizing ties with the state
            of Israel and promoting people-to-people contact between
            Israelis, Arabs, and residents of other relevant countries and
            regions, including by expanding and enhancing the Abraham
            Accords;
                (5) to support a negotiated solution to the Israeli-
            Palestinian conflict resulting in two states living side by side
            in peace, security, and mutual recognition;
                (6) to implement the Nita M. Lowey Middle East Partnership
            for Peace Act (title VIII of division K of Public Law 116-260),
            which will support economic development and peacebuilding
            efforts among Israelis and Palestinians, in a manner which
            encourages regional allies to become international donors to
            these efforts;
                (7) to oppose efforts to delegitimize the state of Israel
            and legal barriers to normalization with Israel; and
                (8) to work to combat anti-Semitism and support
            normalization with Israel, including by countering anti-Semitic
            narratives on social media and state media and pressing for
            curricula reform in education.

    [[Page 136 STAT. 1061]]

    SEC. 105. UNITED STATES STRATEGY TO STRENGTHEN AND EXPAND THE
                            ABRAHAM ACCORDS AND OTHER RELATED
                            NORMALIZATION AGREEMENTS WITH ISRAEL.

        (a) <<NOTE: Deadline. Time period. Consultation.>>  In General.--Not
    later than 90 days after the date of the enactment of this Act, and
    annually thereafter, the Secretary of State, in consultation with the
    Administrator of the United States Agency for International Development
    and the heads of other appropriate Federal departments and agencies,
    shall develop and submit to the appropriate congressional committees a
    strategy on expanding and strengthening the Abraham Accords.

        (b) <<NOTE: Assessments.>>  Elements.--The strategy required under
    subsection (a) shall include the following elements:
                (1) An assessment of future staffing and resourcing
            requirements of entities within the Department of State, the
            United States Agency for International Development, and other
            appropriate Federal departments and agencies with responsibility
            to coordinate United States efforts to expand and strengthen the
            Abraham Accords.
                (2) An assessment of opportunities to further promote
            bilateral and multilateral cooperation between Israel, Arab
            states, and other relevant countries and in the economic,
            social, cultural, scientific, technical, educational, and health
            fields and an assessment of roadblocks to increased cooperation.
                (3) An assessment of bilateral and multilateral security
            cooperation between Israel, the United States, Arab states, and
            other relevant countries and regions that have normalized
            relations with Israel, including an assessment of potential
            roadblocks to increased security cooperation, interoperability,
            and information sharing.
                (4) An assessment of the likelihood of additional Arab and
            other relevant countries and regions to normalize relations with
            Israel.
                (5) An assessment of opportunities created by normalization
            agreements with Israel to advance prospects for peace between
            Israelis and Palestinians
                (6) A detailed description of how the United States
            Government will leverage diplomatic lines of effort and
            resources from other stakeholders (including from foreign
            governments, international donors, and multilateral
            institutions) to encourage normalization, economic development,
            and people-to-people programming.
                (7) <<NOTE: Recommenda- tions.>>  Identification of existing
            investment funds that support Israel-Arab state cooperation and
            recommendations for how such funds could be used to support
            normalization and increase prosperity for all relevant
            stakeholders.
                (8) <<NOTE: Proposal.>>  A proposal for how the United
            States Government and others can utilize the scholars and Arabic
            language resources of the United States Holocaust Museum to
            counter Holocaust denial and anti-Semitism.
                (9) An assessment for creating an Abrahamic Center for
            Pluralism to prepare educational materials, convene
            international seminars, promote tolerance and pluralism, and
            bring together scholars as a means of advancing religious
            tolerance and countering political and religious extremism.
                (10) <<NOTE: Recommenda- tions.>>  Recommendations to
            improve Department of State cooperation and coordination,
            particularly between the Special Envoy to Monitor Anti-Semitism
            and the Ambassador at Large

    [[Page 136 STAT. 1062]]

            for International Religious Freedom, and the Office of
            International Religious Freedom, to combat racism, xenophobia,
            Islamophobia, and anti-Semitism, which hinder improvement of
            relations between Israel, Arab states, and other relevant
            countries and regions.
                (11) An assessment on the value and feasibility of Federal
            support for inter-parliamentary exchange programs for Members of
            Congress, Knesset, and parliamentarians from Arab and other
            relevant countries and regions, including through existing
            Federal programs that support such exchanges.

        (c) Form.--The report required under subsection (a) shall be in
    unclassified form but may contain a classified annex.
    SEC. 106. <<NOTE: Strengthening Reporting of Actions Taken Against
                            the Normalization of Relations with Israel
                            Act of 2022.>>  BREAKING DOWN BARRIERS TO
                            NORMALIZATION WITH ISRAEL.

        (a) Short Title.--This section may be cited as the ``Strengthening
    Reporting of Actions Taken Against the Normalization of Relations with
    Israel Act of 2022''.
        (b) Findings.--Congress makes the following findings:
                (1) The Arab League, an organization comprising 22 Middle
            Eastern and African countries and entities, has maintained an
            official boycott of Israeli companies and Israeli-made goods
            since the founding of Israel in 1948.
                (2) Longstanding United States policy has encouraged Arab
            League states to normalize their relations with Israel and has
            long prioritized funding cooperative programs that promote
            normalization between Arab League States and Israel, including
            the Middle East Regional Cooperation program, which promotes
            Arab-Israeli scientific cooperation.
                (3) While some Arab League governments are signaling
            enhanced cooperation with the state of Israel on the government-
            to-government level, most continue to persecute their own
            citizens who establish people-to-people relations with Israelis
            in nongovernmental fora, through a combination of judicial and
            extrajudicial retribution.
                (4) Some Arab League states maintain draconian anti-
            normalization laws that punish their citizens for people-to-
            people relations with Israelis, with punishments, including
            imprisonment, revocation of citizenship, and execution.
            Extrajudicial punishments by these and other Arab states include
            summary imprisonment, accusations of ``treason'' in government-
            controlled media, and professional blacklisting.
                (5) Anti-normalization laws, together with the other forms
            of retribution, effectively condemn these societies to mutual
            estrangement and, by extension, reduce the possibility of
            conciliation and compromise.
                (6) Former Israeli President Shimon Peres said in 2008 at
            the United Nations that Israel agrees with the Arab Peace
            Initiative that a military solution to the conflict ``will not
            achieve peace or provide security for the parties''.
                (7) Despite the risk of retaliatory action, a rising tide of
            Arab civic actors advocate direct engagement with Israeli
            citizens and residents. These include the Arab Council for
            Regional Integration, a group of 32 public figures from 15 Arab
            countries who oppose the boycott of Israel on the grounds that
            the boycott has denied Arabs the benefits of partnership with
            Israelis, has blocked Arabs from helping to bridge the

    [[Page 136 STAT. 1063]]

            Israeli-Palestinian divide, and inspired divisive intra-Arab
            boycotts among diverse sects and ethnic groups.
                (8) On February 11, 2020, a delegation of the Arab Council
            to the French National Assembly in Paris testified to the
            harmful effects of ``anti-normalization laws'', called on the
            Assembly to enact a law instructing the relevant French
            authorities to issue an annual report on instances of Arab
            government retribution for any of their citizens or residents
            who call for peace with Israel or engage in direct civil
            relations with Israeli citizens, and requested democratic
            legislatures to help defend the region's civil peacemakers.
                (9) On May 11, 2020, 85 leaders in France published an
            endorsement of the Arab Council's proposal, calling on France
            and other democratic governments to ``protect Arabs who engage
            in dialogue with Israeli citizens'' and proposing ``the creation
            of a study group in the National Assembly as well as in the
            Senate whose mission would be to ensure a legal and technical
            monitoring of the obstacles which Arab proponents of dialogue
            with Israelis face''.
                (10) Arab-Israeli cooperation provides significant symbiotic
            benefit to the security and economic prosperity of the region.

        (c) Additional Reporting.--
                (1) <<NOTE: Time period.>>  In general.--Not later than 90
            days after the date of the enactment of this Act, and annually
            thereafter for 5 years, the Secretary of State shall submit to
            the appropriate congressional committees a report on the status
            of efforts to promote normalization of relations with Israel and
            other countries .
                (2) Elements.--The report required under paragraph (1) shall
            include the following information:
                        (A) The status of ``anti-normalization laws'' in
                    countries comprising the Arab League, including efforts
                    within each country to sharpen existing laws, enact new
                    or additional ``anti-normalization legislation'', or
                    repeal such laws.
                        (B) Instances of the use of state-owned or state-
                    operated media outlets to promote anti-Semitic
                    propaganda, the prosecution of citizens or residents of
                    Arab countries for calling for peace with Israel,
                    visiting the state of Israel, or engaging Israeli
                    citizens in any way.
                        (C) Instances of extrajudicial retribution by Arab
                    governments or government-controlled institutions
                    against citizens or residents of Arab countries for any
                    of the same actions referred to in subparagraph (B).
    SEC. 107. SUNSET.

        This division shall cease to be effective on the date that is 5
    years after the date of the enactment of this Act.

         DIVISION AA <<NOTE: Trans-Sahara Counterterrorism Partnership
       Program Act of 2022.>> --TRANS-SAHARA COUNTERTERRORISM PARTNERSHIP
    PROGRAM
    SEC. 101. <<NOTE: 22 USC 2151 note.>>  SHORT TITLE.

        This division may be cited as the Trans-Sahara Counterterrorism
    Partnership Program Act of 2022.

    [[Page 136 STAT. 1064]]

    SEC. 102. SENSE OF CONGRESS.

        It is the sense of Congress that--
                (1) terrorist and violent extremist organizations, such as
            Al Qaeda in the Islamic Maghreb, Boko Haram, the Islamic State
            of West Africa, and other affiliated groups, have killed tens of
            thousands of innocent civilians, displaced populations,
            destabilized local and national governments, and caused mass
            human suffering in the affected communities;
                (2) poor governance, political and economic marginalization,
            and lack of accountability for human rights abuses by security
            forces are drivers of extremism;
                (3) it is in the national security interest of the United
            States--
                        (A) to combat the spread of terrorism and violent
                    extremism; and
                        (B) to build the capacity of partner countries to
                    combat such threats in Africa;
                (4) terrorist and violent extremist organizations exploit
            vulnerable and marginalized communities suffering from poverty,
            lack of economic opportunity (particularly among youth
            populations), corruption, and weak governance; and
                (5) a comprehensive, coordinated, interagency approach is
            needed to develop an effective strategy--
                        (A) to address the security challenges in the Sahel-
                    Maghreb;
                        (B) to appropriately allocate resources and de-
                    conflict programs; and
                        (C) to maximize the effectiveness of United States
                    defense, diplomatic, and development capabilities.
    SEC. 103. STATEMENT OF POLICY.

        It is the policy of the United States to assist countries in North
    Africa and West Africa, and other allies and partners that are active in
    those regions, in combating terrorism and violent extremism through a
    coordinated, interagency approach with a consistent strategy that
    appropriately balances security activities with diplomatic and
    development efforts to address the political, socioeconomic, governance,
    and development challenges in North Africa and West Africa that
    contribute to terrorism and violent extremism.
    SEC. 104. TRANS-SAHARA COUNTERTERRORISM PARTNERSHIP PROGRAM.

        (a) Appropriate Congressional Committees Defined.--In this section,
    the term ``appropriate congressional committees'' means--
                (1) the Committee on Foreign Relations of the Senate;
                (2) the Committee on Armed Services of the Senate;
                (3) the Committee on Appropriations of the Senate;
                (4) the Select Committee on Intelligence of the Senate;
                (5) the Committee on Foreign Affairs of the House of
            Representatives;
                (6) the Committee on Armed Services of the House of
            Representatives;
                (7) the Committee on Appropriations of the House of
            Representatives; and

    [[Page 136 STAT. 1065]]

                (8) the Permanent Select Committee on Intelligence of the
            House of Representatives.

        (b) <<NOTE: President.>>  In General.--
                (1) Establishment.--The President shall establish a
            partnership program, which shall be known as the ``Trans-Sahara
            Counterterrorism Partnership Program'' (referred to in this
            section as the ``Program''), to coordinate the programs,
            projects, and activities of the Program in countries in North
            Africa and West Africa that are conducted--
                        (A) to improve governance and the capacities of
                    countries in North Africa and West Africa to deliver
                    basic services, particularly to at-risk communities, as
                    a means of countering terrorism and violent extremism by
                    enhancing state legitimacy and authority and countering
                    corruption;
                        (B) to address the factors that make people and
                    communities vulnerable to recruitment by terrorist and
                    violent extremist organizations, including economic
                    vulnerability and mistrust of government and government
                    security forces, through activities such as--
                              (i) supporting strategies that increase youth
                          employment opportunities;
                              (ii) promoting girls' education and women's
                          political participation;
                              (iii) strengthening local governance and civil
                          society capacity;
                              (iv) improving government transparency and
                          accountability;
                              (v) fighting corruption;
                              (vi) improving access to economic
                          opportunities; and
                              (vii) other development activities necessary
                          to support community resilience;
                        (C) to strengthen the rule of law in such countries,
                    including by enhancing the capability of the judicial
                    institutions to independently, transparently, and
                    credibly deter, investigate, and prosecute acts of
                    terrorism and violent extremism;
                        (D) to improve the ability of military and law
                    enforcement entities in partner countries--
                              (i) to detect, disrupt, respond to, and
                          prosecute violent extremist and terrorist
                          activity, while respecting human rights; and
                              (ii) to cooperate with the United States and
                          other partner countries on counterterrorism and
                          counter-extremism efforts;
                        (E) to enhance the border security capacity of
                    partner countries, including the ability to monitor,
                    detain, and interdict terrorists;
                        (F) to identify, monitor, disrupt, and counter the
                    human capital and financing pipelines of terrorism; or
                        (G) to support the free expression and operations of
                    independent, local-language media, particularly in rural
                    areas, while countering the media operations and
                    recruitment propaganda of terrorist and violent
                    extremist organizations.
                (2) Assistance framework.--Program activities shall--

    [[Page 136 STAT. 1066]]

                        (A) be carried out in countries in which the
                    President--
                              (i) <<NOTE: Determination.>>  determines that
                          there is an adequate level of partner country
                          commitment; and
                              (ii) has considered partner country needs,
                          absorptive capacity, sustainment capacity, and
                          efforts of other donors in the sector;
                        (B) have clearly defined outcomes;
                        (C) be closely coordinated among relevant
                    participating departments and agencies;
                        (D) have specific plans with robust indicators to
                    regularly monitor and evaluate outcomes and impact;
                        (E) complement and enhance efforts to promote
                    democratic governance, the rule of law, human rights,
                    and economic growth;
                        (F) in the case of train and equip programs,
                    complement longer-term security sector institution-
                    building; and
                        (G) have mechanisms in place to track resources and
                    routinely monitor and evaluate the efficacy of relevant
                    programs.
                (3) <<NOTE: Deadline.>>  Congressional notification.--Not
            later than 15 days before obligating amounts for an activity
            conducted pursuant to the Program under paragraph (1), the
            Secretary of State shall notify the appropriate congressional
            committees, in accordance with section 634A of the Foreign
            Assistance Act of 1961 (22 U.S.C. 2394-1), of--
                        (A) the foreign country and entity, as applicable,
                    whose capabilities are to be enhanced in accordance with
                    the purposes described in paragraph (1);
                        (B) the amount, type, and purpose of support to be
                    provided;
                        (C) the absorptive capacity of the foreign country
                    to effectively implement the assistance to be provided;
                        (D) the extent to which state security forces of the
                    foreign country have been implicated in gross violations
                    of human rights and the risk that obligated funds may be
                    used to perpetrate further abuses;
                        (E) the anticipated implementation timeline for the
                    activity; and
                        (F) the plans to sustain any military or security
                    equipment provided beyond the completion date of such
                    activity, if applicable, and the estimated cost and
                    source of funds to support such sustainment.
                (4) Exception.--The requirement under paragraph (1) does not
            apply to activities conducted by the Department of Defense
            pursuant to title 10, United States Code.

        (c) International Coordination.--Efforts carried out under this
    section--
                (1) shall take into account partner country
            counterterrorism, counter-extremism, and development strategies;
                (2) shall be aligned with such strategies, to the extent
            practicable; and
                (3) shall be coordinated with counterterrorism and counter-
            extremism activities and programs in the areas of defense,
            diplomacy, and development carried out by other like-minded
            donors and international organizations in the relevant country.

        (d) <<NOTE: President.>>  Strategies.--

    [[Page 136 STAT. 1067]]

                (1) <<NOTE: Deadline.>>  In general.--Not later than 180
            days after the date of the enactment of this Act, the President
            and other relevant Federal Government agencies, shall submit the
            strategies described in paragraphs (2) and (3) to the
            appropriate congressional committees.
                (2) <<NOTE: Plans.>>  Comprehensive, 5-year strategy for the
            sahel-maghreb.--The President shall develop a comprehensive, 5-
            year strategy for the Sahel-Maghreb, including details related
            to interagency efforts conducted pursuant to the Program in the
            areas of security, diplomacy, and development to advance the
            national security, economic, and humanitarian interests of the
            United States, including--
                        (A) efforts to ensure coordination with multilateral
                    and bilateral partners, such as the Joint Force of the
                    Group of Five of the Sahel, and with other relevant
                    assistance frameworks;
                        (B) a public diplomacy strategy and actions to
                    ensure that populations in the Sahel-Maghreb are aware
                    of the development activities of the United States
                    Government, especially in countries with a significant
                    United States Government presence or engagement through
                    train and equip programs;
                        (C) activities aimed at supporting democratic
                    institutions and countering violent extremism with
                    measurable goals and transparent benchmarks;
                        (D) plans to help each partner country address
                    humanitarian and development needs and to help prevent,
                    respond to, and mitigate intercommunal violence;
                        (E) a comprehensive plan to support security sector
                    reform in each partner country that includes a detailed
                    section on programs and activities being undertaken by
                    relevant stakeholders and other international actors
                    operating in the sector; and
                        (F) <<NOTE: Mali.>>  a specific strategy for Mali
                    that includes plans for sustained, high-level diplomatic
                    engagement with stakeholders, including countries in
                    Europe and the Middle East with interests in the Sahel-
                    Maghreb, regional governments, relevant multilateral
                    organizations, signatory groups of the Agreement for
                    Peace and Reconciliation in Mali, done in Algiers July
                    24, 2014, and civil society actors.
                (3) <<NOTE: Plans.>>  Comprehensive 5-year strategy for
            program counterterrorism efforts.--The President shall develop a
            comprehensive 5-year strategy for the Program that includes--
                        (A) a clear statement of the objectives of United
                    States counterterrorism efforts in North Africa and West
                    Africa with respect to the use of assistance to combat
                    terrorism and counter violent extremism, including
                    efforts--
                              (i) to build military and civilian law
                          enforcement capacity;
                              (ii) to strengthen the rule of law;
                              (iii) to promote responsive and accountable
                          governance; and
                              (iv) to address the root causes of terrorism
                          and violent extremism;
                        (B) <<NOTE: Coordination.>>  a plan for coordinating
                    programs through the Program pursuant to subsection
                    (b)(1), including identifying the agency or bureau of
                    the Department of State, as

    [[Page 136 STAT. 1068]]

                    applicable, that will be responsible for leading and
                    coordinating each such program;
                        (C) <<NOTE: Evaluation. Data.>>  a plan to monitor,
                    evaluate, and share data and learning about the Program
                    in accordance with monitoring and evaluation provisions
                    under sections 3 and 4 of the Foreign Aid Transparency
                    and Accountability Act of 2016 (22 U.S.C. 2394c note and
                    2394c); and
                        (D) <<NOTE: Coordination. Complaince.>>  a plan for
                    ensuring coordination and compliance with related
                    requirements in United States law, including the Global
                    Fragility Act of 2019 (22 U.S.C. 9801 et seq.).
                (4) <<NOTE: Deadline.>>  Consultation.--Not later than 90
            days after the date of the enactment of this Act, the Secretary
            of State shall consult with the appropriate congressional
            committees regarding the progress made towards developing the
            strategies required under paragraphs (2) and (3).

        (e) Supporting Material in Annual Budget Request.--
                (1) <<NOTE: Time period.>>  In general.--The Secretary of
            State shall include a description of the requirements,
            activities, and planned allocation of amounts requested by the
            Program in the budget materials submitted to Congress in support
            of the President's annual budget request pursuant to section
            1105 of title 31, United States Code, for each fiscal year
            beginning after the date of the enactment of this Act and
            annually thereafter for the following 5 years.
                (2) Exception.--The requirement under paragraph (1) shall
            not apply to activities of the Department of Defense conducted
            pursuant to authorities under title 10, United States Code.

        (f) Monitoring and Evaluation of Programs and
    Activities. <<NOTE: Time periods. Reports.>> --Not later than 1 year
    after the date of the enactment of this Act, and annually thereafter for
    the following 5 years, the President shall submit a report to the
    appropriate congressional committees that describes--
                (1) the progress made in meeting the objectives of the
            strategies required under paragraphs (2) and (3) of subsection
            (d), including any lessons learned in carrying out Program
            activities and any recommendations for improving such programs
            and activities;
                (2) the efforts taken to coordinate, de-conflict, and
            streamline Program activities to maximize resource
            effectiveness;
                (3) the extent to which each partner country has
            demonstrated the ability to absorb the equipment or training
            provided in the previous year under the Program, and as
            applicable, the ability to maintain and appropriately utilize
            such equipment;
                (4) the extent to which each partner country is investing
            its own resources to advance the goals described in subsection
            (b)(1) or is demonstrating a commitment and willingness to
            cooperate with the United States to advance such goals;
                (5) the actions taken by the government of each partner
            country receiving assistance under the Program to combat
            corruption, improve transparency and accountability, and promote
            other forms of democratic governance;
                (6) the extent to which state security forces in each
            partner country have been implicated in gross violations of
            human rights during the reporting period, including how such
            gross

    [[Page 136 STAT. 1069]]

            violations of human rights have been addressed and or will be
            addressed through Program activities;
                (7) the assistance provided in each of the 3 preceding
            fiscal years under the Program, broken down by partner country,
            including the type, statutory authorization, and purpose of
            assistance provided to the country; and
                (8) any changes or updates to the Comprehensive 5-Year
            Strategy for the Program required under subsection (d)(3)
            necessitated by the findings in this annual report.

        (g) Reporting Requirement Related to Audit of Bureau of African
    Affairs Monitoring and Coordination of the Trans-sahara Counterterrorism
    Partnership Program. <<NOTE: Time period. Termination date.>> --Not
    later than 90 days after the date of the enactment of this Act, and
    every 120 days thereafter until the earlier of the date on which all 13
    recommendations in the September 2020 Department of State Office of
    Inspector General audit entitled ``Audit of the Department of State
    Bureau of African Affairs Monitoring and Coordination of the Trans-
    Sahara Counterterrorism Partnership Program'' (AUD-MERO-20-42) are
    closed or the date that is 3 years after the date of the enactment of
    this Act, the Secretary of State shall submit a report to the
    appropriate congressional committees that identifies--
                (1) which of the 13 recommendations in AUD-MERO-20-42 have
            not been closed;
                (2) a description of progress made since the last report
            toward closing each recommendation identified under paragraph
            (1);
                (3) <<NOTE: Assessment.>>  additional resources needed,
            including assessment of staffing capacity, if any, to complete
            action required to close each recommendation identified under
            paragraph (1); and
                (4) the anticipated timeline for completion of action
            required to close each recommendation identified under paragraph
            (1), including application of all recommendations into all
            existing security assistance programs managed by the Department
            of State under the Program.

        (h) <<NOTE: Reports.>>  Program Administration.--Not later than 120
    days after the date of the enactment of this Act, the Secretary of State
    shall submit a report to Congress that describes plans for conducting a
    written review of a representative sample of each of the security
    assistance programs administered by the Bureau of African Affairs that--
                (1) identifies potential waste, fraud, abuse,
            inefficiencies, or deficiencies; and
                (2) <<NOTE: Analysis.>>  includes an analysis of staff
            capacity, including human resource needs, available resources,
            procedural guidance, and monitoring and evaluation processes to
            ensure that the Bureau of African Affairs is managing programs
            efficiently and effectively.

        (i) Form.--The strategies required under paragraphs (2) and (3) of
    subsection (d) and the report required under subsection (f) shall be
    submitted in unclassified form, but may include a classified annex.
    SEC. 105. RULE OF CONSTRUCTION.

        Nothing in this division may be construed as authorizing the use of
    military force.

    [[Page 136 STAT. 1070]]

      DIVISION BB <<NOTE: EB-5 Reform and Integrity Act of 2022.>> --EB-5
    REFORM AND INTEGRITY ACT OF 2022
    SEC. 101. <<NOTE: 8 USC 1101 note.>>  SHORT TITLE.

        This division may be cited as the ``EB-5 Reform and Integrity Act of
    2022''.
    SEC. 102. EB-5 VISA REFORMS.

        (a) Employment Creation.--Section 203(b)(5) of the Immigration and
    Nationality Act (8 U.S.C. 1153(b)(5)) is amended--
                (1) in subparagraph (A)--
                        (A) in clause (i), by striking ``(C), and'' and
                    inserting ``(C) and which is expected to remain invested
                    for not less than 2 years; and''; and
                        (B) in clause (ii)--
                              (i) by striking ``and create'' and inserting
                          ``by creating''; and
                              (ii) by inserting ``, United States
                          nationals,'' after ``citizens'';
                (2) by amending subparagraph (B) to read as follows:
                        ``(B) Designations and reserved visas.--
                              ``(i) Reserved visas.--
                                        ``(I) In general.--Of the visas made
                                    available under this paragraph in each
                                    fiscal year--
                                                ``(aa) 20 percent shall be
                                            reserved for qualified
                                            immigrants who invest in a rural
                                            area;
                                                ``(bb) 10 percent shall be
                                            reserved for qualified
                                            immigrants who invest in an area
                                            designated by the Secretary of
                                            Homeland Security under clause
                                            (ii) as a high unemployment
                                            area; and
                                                ``(cc) 2 percent shall be
                                            reserved for qualified
                                            immigrants who invest in
                                            infrastructure projects.
                                        ``(II) Unused visas.--
                                                ``(aa) Carryover.--At the
                                            end of each fiscal year, any
                                            unused visas reserved for
                                            qualified immigrants investing
                                            in each of the categories
                                            described in items (aa) through
                                            (cc) of subclause (I) shall
                                            remain available within the same
                                            category for the immediately
                                            succeeding fiscal year.
                                                ``(bb) General
                                            availability.--Visas described
                                            in items (aa) through (cc) of
                                            subclause (I) that are not
                                            issued by the end of the
                                            succeeding fiscal year referred
                                            to in item (aa) shall be made
                                            available to qualified
                                            immigrants described under
                                            subparagraph (A).
                              ``(ii) Designation of high unemployment
                          area.--
                                        ``(I) In general.--The Secretary of
                                    Homeland Security, or a designee of the
                                    Secretary who is an employee of the
                                    Department of Homeland Security, may
                                    designate, as a high unemployment area,
                                    a census tract, or contiguous census
                                    tracts, in which--

    [[Page 136 STAT. 1071]]

                                                ``(aa) the new commercial
                                            enterprise is principally doing
                                            business; and
                                                ``(bb) the weighted average
                                            of the unemployment rate for the
                                            census tracts, based on the
                                            labor force employment measure
                                            for each applicable census tract
                                            and any adjacent tract included
                                            under subclause (III), is not
                                            less than 150 percent of the
                                            national average unemployment
                                            rate.
                                        ``(II) Prohibition on designation by
                                    any other official.--A targeted
                                    employment area may not be designated as
                                    a high unemployment area by--
                                                ``(aa) a Federal official
                                            other than the Secretary of
                                            Homeland Security or a designee
                                            of the Secretary; or
                                                ``(bb) any official of a
                                            State or local government.
                                        ``(III) Inclusion.--In making a
                                    designation under subclause (I), the
                                    Secretary of Homeland Security may
                                    include a census tract directly adjacent
                                    to a census tract or contiguous census
                                    tracts described in that subclause.
                                        ``(IV) Duration.--
                                                ``(aa) In general.--A
                                            designation under this clause
                                            shall be in effect for the 2-
                                            year period beginning on--
                                                    ``(AA) the date on which
                                                an application under
                                                subparagraph (F) is filed;
                                                or
                                                    ``(BB) in the case of an
                                                alien who is not subject to
                                                subparagraph (F), at the
                                                time of investment.
                                                ``(bb) Renewal.--A
                                            designation under this clause
                                            may be renewed for 1 or more
                                            additional 2-year periods if the
                                            applicable area continues to
                                            meet the criteria described in
                                            subclause (I).
                                        ``(V) Additional investment not
                                    required.--An immigrant investor who has
                                    invested the amount of capital required
                                    by subparagraph (C) in a targeted
                                    employment area designated as a high
                                    unemployment area during the period in
                                    which the area is so designated shall
                                    not be required to increase the amount
                                    of investment due to the expiration of
                                    the designation.
                              ``(iii) Infrastructure projects.--
                                        ``(I) <<NOTE: Determination.>>  In
                                    general.--The Secretary of Homeland
                                    Security shall determine whether a
                                    specific capital investment project
                                    meets the definition of `infrastructure
                                    project' set forth in subparagraph
                                    (D)(iv).
                                        ``(II) Prohibition on designation by
                                    any other official.--A determination
                                    under subclause (I) may not be made by--
                                                ``(aa) a Federal official
                                            other than the Secretary of
                                            Homeland Security or a designee
                                            of the Secretary; or

    [[Page 136 STAT. 1072]]

                                                ``(bb) any official of a
                                            State or local government.'';
                (3) in subparagraph (C)--
                        (A) in clause (i), by striking ``$1,000,000'' and
                    all that follows through ``previous sentence'' and
                    inserting ``$1,050,000'';
                        (B) by amending clause (ii) to read as follows:
                              ``(ii) Adjustment for targeted employment
                          areas and infrastructure projects.--The amount of
                          capital required under subparagraph (A) for an
                          investment in a targeted employment area or in an
                          infrastructure project shall be $800,000.'';
                        (C) by redesignating clause (iii) as clause (iv);
                        (D) by inserting after clause (ii) the following:
                              ``(iii) <<NOTE: Effective date. Time
                          periods.>>  Automatic adjustment in minimum
                          investment amount.--
                                        ``(I) In general.--Beginning on
                                    January 1, 2027, and every 5 years
                                    thereafter, the amount in clause (i)
                                    shall automatically adjust for petitions
                                    filed on or after the effective date of
                                    each adjustment, based on the cumulative
                                    annual percentage change in the
                                    unadjusted consumer price index for all
                                    urban consumers (all items; U.S. city
                                    average) reported by the Bureau of Labor
                                    Statistics between January 1, 2022, and
                                    the date of adjustment. The qualifying
                                    investment amounts shall be rounded down
                                    to the nearest
                                    $50,000. <<NOTE: Update. Federal
                                    Register, publication.>>  The Secretary
                                    of Homeland Security shall update such
                                    amounts by publication of a technical
                                    amendment in the Federal Register.
                                        ``(II) Beginning on January 1, 2027,
                                    and every 5 years thereafter, the amount
                                    in clause (ii) shall automatically
                                    adjust for petitions filed on or after
                                    the effective date of each adjustment,
                                    to be equal to 75 percent of the
                                    standard investment amount under
                                    subclause (I).''; and
                        (E) in clause (iv), as redesignated, in the
                    undesignated matter following subclause (II)--
                              (i) by striking ``Attorney General'' and
                          inserting ``Secretary of Homeland Security''; and
                              (ii) by inserting ``, as adjusted under clause
                          (iii)'' before the period at the end; and
                (4) by amending subparagraph (D) to read as follows:
                        ``(D) Definitions.--In this paragraph:
                              ``(i) Affiliated job-creating entity.--The
                          term `affiliated job-creating entity' means any
                          job-creating entity that is controlled, managed,
                          or owned by any of the people involved with the
                          regional center or new commercial enterprise under
                          section 203(b)(5)(H)(v).
                              ``(ii) Capital.--The term `capital'--
                                        ``(I) means cash and all real,
                                    personal, or mixed tangible assets owned
                                    and controlled by the alien investor, or
                                    held in trust for the benefit of the
                                    alien and to which the alien has
                                    unrestricted access;

    [[Page 136 STAT. 1073]]

                                        ``(II) shall be valued at fair
                                    market value in United States dollars,
                                    in accordance with Generally Accepted
                                    Accounting Principles or other standard
                                    accounting practice adopted by the
                                    Securities and Exchange Commission, at
                                    the time it is invested under this
                                    paragraph;
                                        ``(III) does not include--
                                                ``(aa) assets directly or
                                            indirectly acquired by unlawful
                                            means, including any cash
                                            proceeds of indebtedness secured
                                            by such assets;
                                                ``(bb) capital invested in
                                            exchange for a note, bond,
                                            convertible debt, obligation, or
                                            any other debt arrangement
                                            between the alien investor and
                                            the new commercial enterprise;
                                                ``(cc) capital invested with
                                            a guaranteed rate of return on
                                            the amount invested by the alien
                                            investor; or
                                                ``(dd) except as provided in
                                            subclause (IV), capital invested
                                            that is subject to any agreement
                                            between the alien investor and
                                            the new commercial enterprise
                                            that provides the investor with
                                            a contractual right to
                                            repayment, such as a mandatory
                                            redemption at a certain time or
                                            upon the occurrence of a certain
                                            event, or a put or sell-back
                                            option held by the alien
                                            investor, even if such
                                            contractual right is contingent
                                            on the success of the new
                                            commercial enterprise, such as
                                            having sufficient available cash
                                            flow; and
                                        ``(IV) includes capital invested
                                    that--
                                                ``(aa) is subject to a buy
                                            back option that may be
                                            exercised solely at the
                                            discretion of the new commercial
                                            enterprise; and
                                                ``(bb) results in the alien
                                            investor withdrawing his or her
                                            petition unless the alien
                                            investor has fulfilled his or
                                            her sustainment period and other
                                            requirements under this
                                            paragraph.
                              ``(iii) Certifier.--The term `certifier' means
                          a person in a position of substantive authority
                          for the management or operations of a regional
                          center, new commercial enterprise, affiliated job-
                          creating entity, or issuer of securities, such as
                          a principal executive officer or principal
                          financial officer, with knowledge of such
                          entities' policies and procedures related to
                          compliance with the requirements under this
                          paragraph.
                              ``(iv) Infrastructure project.--The term
                          `infrastructure project' means a capital
                          investment project in a filed or approved business
                          plan, which is administered by a governmental
                          entity (such as a Federal, State, or local agency
                          or authority) that is the job-creating entity
                          contracting with a regional center or new
                          commercial enterprise to receive capital
                          investment under the regional center program
                          described in subparagraph (E) from alien investors
                          or the new commercial enterprise as financing for
                          maintaining, improving, or constructing a public
                          works project.

    [[Page 136 STAT. 1074]]

                              ``(v) Job-creating entity.--The term `job-
                          creating entity' means any organization formed in
                          the United States for the ongoing conduct of
                          lawful business, including sole proprietorship,
                          partnership (whether limited or general),
                          corporation, limited liability company, business
                          trust, or other entity, which may be publicly or
                          privately owned, including an entity consisting of
                          a holding company and its wholly owned
                          subsidiaries or affiliates (provided that each
                          subsidiary or affiliate is engaged in an activity
                          formed for the ongoing conduct of a lawful
                          business) that receives, or is established to
                          receive, capital investment from alien investors
                          or a new commercial enterprise under the regional
                          center program described in this subparagraph and
                          which is responsible for creating jobs to satisfy
                          the requirement under subparagraph (A)(ii).
                              ``(vi) New commercial enterprise.--The term
                          `new commercial enterprise' means any for-profit
                          organization formed in the United States for the
                          ongoing conduct of lawful business, including sole
                          proprietorship, partnership (whether limited or
                          general), holding company and its wholly owned
                          subsidiaries (provided that each subsidiary is
                          engaged in a for-profit activity formed for the
                          ongoing conduct of a lawful business), joint
                          venture, corporation, business trust, limited
                          liability company, or other entity (which may be
                          publicly or privately owned) that receives, or is
                          established to receive, capital investment from
                          investors under this paragraph.
                              ``(vii) Rural area.--The term `rural area'
                          means any area other than an area within a
                          metropolitan statistical area (as designated by
                          the Director of the Office of Management and
                          Budget) or within the outer boundary of any city
                          or town having a population of 20,000 or more
                          (based on the most recent decennial census of the
                          United States).
                              ``(viii) Targeted employment area.--The term
                          `targeted employment area' means, at the time of
                          investment, a rural area or an area designated by
                          the Secretary of Homeland Security under
                          subparagraph (B)(ii) as a high unemployment
                          area.''.

        (b) Age Determination for Children of Alien Investors.--Section
    203(h) of the Immigration and Nationality Act (8 U.S.C. 1153(h)) is
    amended by adding at the end the following:
                ``(5) Age determination for children of alien investors.--An
            alien who has reached 21 years of age and has been admitted
            under subsection (d) as a lawful permanent resident on a
            conditional basis as the child of an alien lawfully admitted for
            permanent residence under subsection (b)(5), whose lawful
            permanent resident status on a conditional basis is terminated
            under section 216A or subsection (b)(5)(M), shall continue to be
            considered a child of the principal alien for the purpose of a
            subsequent immigrant petition by such alien under subsection
            (b)(5) if the alien remains unmarried and the subsequent
            petition is filed by the principal alien not later than 1 year
            after the termination of conditional lawful permanent resident
            status. No alien shall be considered a child under

    [[Page 136 STAT. 1075]]

            this paragraph with respect to more than 1 petition filed after
            the alien reaches 21 years of age.''.

        (c) <<NOTE: 8 USC 1153 note.>>  Enhanced Pay Scale for Certain
    Federal Employees Administering the Employment Creation Program.--The
    Secretary of Homeland Security may establish, fix the compensation of,
    and appoint individuals to designated critical, technical, and
    professional positions needed to administer sections 203(b)(5) and 216A
    of the Immigration and Nationality Act (8 U.S.C. 1153(b)(5) and 1186b).

        (d) Concurrent Filing of EB-5 Petitions and Applications for
    Adjustment of Status.--Section 245 of the Immigration and Nationality
    Act (8 U.S.C. 1255) is amended--
                (1) in subsection (k), in the matter preceding paragraph
            (1), by striking ``or (3)'' and inserting ``(3), or (5)''; and
                (2) by adding at the end the following:

        ``(n) If the approval of a petition for classification under section
    203(b)(5) would make a visa immediately available to the alien
    beneficiary, the alien beneficiary's application for adjustment of
    status under this section shall be considered to be properly filed
    whether the application is submitted concurrently with, or subsequent
    to, the visa petition.''.
        (e) <<NOTE: 8 USC 1153 note.>>  Effective Date.--The amendments made
    by this section shall take effect on the date of the enactment of this
    Act.
    SEC. 103. REAUTHORIZATION AND REFORM OF THE REGIONAL CENTER
                            PROGRAM.

        (a) Repeal.--Section 610 of the Departments of Commerce, Justice,
    and State, the Judiciary, and Related Agencies Appropriations Act, 1993
    (8 U.S.C. 1153 note) is repealed.
        (b) Authorization.--
                (1) In general.--Section 203(b)(5) of the Immigration and
            Nationality Act (8 U.S.C. 1153(b)(5)) is amended by adding at
            the end the following:
                        ``(E) Regional center program.--
                              ``(i) In general.--Visas under this
                          subparagraph shall be made available through
                          September 30, 2027, to qualified immigrants (and
                          the eligible spouses and children of such
                          immigrants) pooling their investments with 1 or
                          more qualified immigrants participating in a
                          program implementing this paragraph that involves
                          a regional center in the United States, which has
                          been designated by the Secretary of Homeland
                          Security on the basis of a proposal for the
                          promotion of economic growth, including
                          prospective job creation and increased domestic
                          capital investment.
                              ``(ii) Processing.--In processing petitions
                          under section 204(a)(1)(H) for classification
                          under this paragraph, the Secretary of Homeland
                          Security--
                                        ``(I) shall prioritize the
                                    processing and adjudication of petitions
                                    for rural areas;
                                        ``(II) may process petitions in a
                                    manner and order established by the
                                    Secretary; and
                                        ``(III) shall deem such petitions to
                                    include records previously filed with
                                    the Secretary pursuant to subparagraph
                                    (F) if the alien petitioner certifies
                                    that such records are incorporated by
                                    reference into the alien's petition.

    [[Page 136 STAT. 1076]]

                              ``(iii) Establishment of a regional center.--A
                          regional center shall operate within a defined,
                          contiguous, and limited geographic area, which
                          shall be described in the proposal and be
                          consistent with the purpose of concentrating
                          pooled investment within such area. The proposal
                          to establish a regional center shall demonstrate
                          that the pooled investment will have a substantive
                          economic impact on such geographic area, and shall
                          include--
                                        ``(I) reasonable predictions,
                                    supported by economically and
                                    statistically valid and transparent
                                    forecasting tools, concerning the amount
                                    of investment that will be pooled, the
                                    kinds of commercial enterprises that
                                    will receive such investments, details
                                    of the jobs that will be created
                                    directly or indirectly as a result of
                                    such investments, and other positive
                                    economic effects such investments will
                                    have;
                                        ``(II) a description of the policies
                                    and procedures in place reasonably
                                    designed to monitor new commercial
                                    enterprises and any associated job-
                                    creating entity to seek to ensure
                                    compliance with--
                                                ``(aa) all applicable laws,
                                            regulations, and Executive
                                            orders of the United States,
                                            including immigration laws,
                                            criminal laws, and securities
                                            laws; and
                                                ``(bb) all securities laws
                                            of each State in which
                                            securities offerings will be
                                            conducted, investment advice
                                            will be rendered, or the
                                            offerors or offerees reside;
                                        ``(III) attestations and information
                                    confirming that all persons involved
                                    with the regional center meet the
                                    requirements under clauses (i) and (ii)
                                    of subparagraph (H);
                                        ``(IV) a description of the policies
                                    and procedures in place that are
                                    reasonably designed to ensure program
                                    compliance; and
                                        ``(V) the identities of all natural
                                    persons involved in the regional center,
                                    as described in subparagraph (H)(v).
                              ``(iv) Indirect job creation.--
                                        ``(I) In general.--The Secretary of
                                    Homeland Security shall permit aliens
                                    seeking admission under this
                                    subparagraph to satisfy only up to 90
                                    percent of the requirement under
                                    subparagraph (A)(ii) with jobs that are
                                    estimated to be created indirectly
                                    through investment under this paragraph
                                    in accordance with this subparagraph. An
                                    employee of the new commercial
                                    enterprise or job-creating entity may be
                                    considered to hold a job that has been
                                    directly created.
                                        ``(II) Construction activity lasting
                                    less than 2 years.--If the jobs
                                    estimated to be created are created by
                                    construction activity lasting less than
                                    2 years, the Secretary shall permit
                                    aliens seeking admission under this
                                    subparagraph to satisfy only up to 75
                                    percent of the requirement under

    [[Page 136 STAT. 1077]]

                                    subparagraph (A)(ii) with jobs that are
                                    estimated to be created indirectly
                                    through investment under this paragraph
                                    in accordance with this subparagraph.
                              ``(v) Compliance.--
                                        ``(I) <<NOTE: Determination.>>  In
                                    general.--In determining compliance with
                                    subparagraph (A)(ii), the Secretary of
                                    Homeland Security shall permit aliens
                                    seeking admission under this
                                    subparagraph to rely on economically and
                                    statistically valid methodologies for
                                    determining the number of jobs created
                                    by the program, including--
                                                ``(aa) jobs estimated to
                                            have been created directly,
                                            which may be verified using such
                                            methodologies; and
                                                ``(bb) consistent with this
                                            subparagraph, jobs estimated to
                                            have been directly or indirectly
                                            created through capital
                                            expenditures, revenues generated
                                            from increased exports, improved
                                            regional productivity, job
                                            creation, and increased domestic
                                            capital investment resulting
                                            from the program.
                                        ``(II) Job and investment
                                    requirements.--
                                                ``(aa) Relocated
                                            jobs. <<NOTE: Determination.>> --
                                            In determining compliance with
                                            the job creation requirement
                                            under subparagraph (A)(ii), the
                                            Secretary of Homeland Security
                                            may include jobs estimated to be
                                            created under a methodology that
                                            attributes jobs to prospective
                                            tenants occupying commercial
                                            real estate created or improved
                                            by capital investments if the
                                            number of such jobs estimated to
                                            be created has been determined
                                            by an economically and
                                            statistically valid methodology
                                            and such jobs are not existing
                                            jobs that have been relocated.

                                            ``(bb) <<NOTE: Regulations.>>
                                            Publicly available bonds.--The
                                            Secretary of Homeland Security
                                            shall prescribe regulations to
                                            ensure that alien investor
                                            capital may not be utilized, by
                                            a new commercial enterprise or
                                            otherwise, to purchase municipal
                                            bonds or any other bonds, if
                                            such bonds are available to the
                                            general public, either as part
                                            of a primary offering or from a
                                            secondary market.
                                                ``(cc) Construction activity
                                            jobs. <<NOTE: Time period.>> --
                                            If the number of direct jobs
                                            estimated to be created has been
                                            determined by an economically
                                            and statistically valid
                                            methodology, and such direct
                                            jobs are created by construction
                                            activity lasting less than 2
                                            years, the number of such jobs
                                            that may be considered direct
                                            jobs for purposes of clause (iv)
                                            shall be calculated by
                                            multiplying the total number of
                                            such jobs estimated to be
                                            created by the fraction of the
                                            2-year period that the
                                            construction activity lasts.

    [[Page 136 STAT. 1078]]

                              ``(vi) Amendments.--The Secretary of Homeland
                          Security shall--

                                    ``(I) <<NOTE: Requirement. Deadline.>>
                                    require a regional center--

                                            ``(aa) <<NOTE: Notification.>>
                                            to notify the Secretary, not
                                            later than 120 days before the
                                            implementation of significant
                                            proposed changes to its
                                            organizational structure,
                                            ownership, or administration,
                                            including the sale of such
                                            center, or other arrangements
                                            which would result in
                                            individuals not previously
                                            subject to the requirements
                                            under subparagraph (H) becoming
                                            involved with the regional
                                            center; or
                                                ``(bb) if exigent
                                            circumstances are present, to
                                            provide the notice described in
                                            item (aa) to the Secretary not
                                            later than 5 business days after
                                            a change described in such item;
                                            and
                                        ``(II) adjudicate business plans
                                    under subparagraph (F) and petitions
                                    under section 204(a)(1)(H) during any
                                    notice period as long as the amendment
                                    to the business or petition does not
                                    negatively impact program eligibility.
                              ``(vii) Record keeping and audits.--
                                        ``(I) <<NOTE: Time period. Effective
                                    date.>>  Record keeping.--Each regional
                                    center shall make and preserve, during
                                    the 5-year period beginning on the last
                                    day of the Federal fiscal year in which
                                    any transactions occurred, books,
                                    ledgers, records, and other
                                    documentation from the regional center,
                                    new commercial enterprise, or job-
                                    creating entity used to support--
                                                ``(aa) any claims, evidence,
                                            or certifications contained in
                                            the regional center's annual
                                            statements under subparagraph
                                            (G); and
                                                ``(bb) associated petitions
                                            by aliens seeking classification
                                            under this section or removal of
                                            conditions under section 216A.
                                        ``(II) Audits. <<NOTE: Time
                                    periods.>> --The Secretary shall audit
                                    each regional center not less frequently
                                    than once every 5
                                    years. <<NOTE: Reviews.>>  Each such
                                    audit shall include a review of any
                                    documentation required to be maintained
                                    under subclause (I) for the preceding 5
                                    years and a review of the flow of alien
                                    investor capital into any capital
                                    investment project. To the extent
                                    multiple regional centers are located at
                                    a single site, the Secretary may audit
                                    multiple regional centers in a single
                                    site visit.
                                        ``(III) Termination.--The Secretary
                                    shall terminate the designation of a
                                    regional center that fails to consent to
                                    an audit under subclause (II) or
                                    deliberately attempts to impede such an
                                    audit.
                        ``(F) Business plans for regional center
                    investments.--
                              ``(i) Application for approval of an
                          investment in a commercial enterprise.--A regional
                          center shall file an application with the
                          Secretary of Homeland Security for each particular
                          investment offering through an associated new
                          commercial enterprise

    [[Page 136 STAT. 1079]]

                          before any alien files a petition for
                          classification under this paragraph by reason of
                          investment in that offering. The application shall
                          include--
                                        ``(I) a comprehensive business plan
                                    for a specific capital investment
                                    project;
                                        ``(II) a credible economic analysis
                                    regarding estimated job creation that is
                                    based upon economically and
                                    statistically valid and transparent
                                    methodologies;
                                        ``(III) any documents filed with the
                                    Securities and Exchange Commission under
                                    the Securities Act of 1933 (15 U.S.C.
                                    77a et seq.) or with the securities
                                    regulator of any State, as required by
                                    law;
                                        ``(IV) any investment and offering
                                    documents, including subscription,
                                    investment, partnership, and operating
                                    agreements, private placement memoranda,
                                    term sheets, biographies of management,
                                    officers, directors, and any person with
                                    similar responsibilities, the
                                    description of the business plan to be
                                    provided to potential alien investors,
                                    and marketing materials used, or drafts
                                    prepared for use, in connection with the
                                    offering, which shall contain
                                    references, as appropriate, to--
                                                ``(aa) all material
                                            investment risks associated with
                                            the new commercial enterprise
                                            and the job-creating entity;
                                                ``(bb) any conflicts of
                                            interest that currently exist or
                                            may arise among the regional
                                            center, the new commercial
                                            enterprise, the job-creating
                                            entity, or the principals,
                                            attorneys, or individuals
                                            responsible for recruitment or
                                            promotion of such entities;
                                                ``(cc) <<NOTE: Time
                                            period.>>  any pending material
                                            litigation or bankruptcy, or
                                            material adverse judgments or
                                            bankruptcy orders issued during
                                            the most recent 10-year period,
                                            in the United States or in
                                            another country, affecting the
                                            regional center, the new
                                            commercial enterprise, any
                                            associated job-creating entity,
                                            or any other enterprise in which
                                            any principal of any of the
                                            aforementioned entities held
                                            majority ownership at the time;
                                            and
                                                ``(dd)(AA) any fees, ongoing
                                            interest, or other compensation
                                            paid, or to be paid by the
                                            regional center, the new
                                            commercial enterprise, or any
                                            issuer of securities intended to
                                            be offered to alien investors,
                                            to agents, finders, or broker
                                            dealers involved in the offering
                                            of securities to alien investors
                                            in connection with the
                                            investment;
                                                ``(BB) a description of the
                                            services performed, or that will
                                            be performed, by such person to
                                            entitle the person to such fees,
                                            interest, or compensation; and

    [[Page 136 STAT. 1080]]

                                                ``(CC) the name and contact
                                            information of any such person,
                                            if known at the time of filing;
                                        ``(V) a description of the policies
                                    and procedures, such as those related to
                                    internal and external due diligence,
                                    reasonably designed to cause the
                                    regional center and any issuer of
                                    securities intended to be offered to
                                    alien investors in connection with the
                                    relevant capital investment project, to
                                    comply, as applicable, with the
                                    securities laws of the United States and
                                    the laws of the applicable States in
                                    connection with the offer, purchase, or
                                    sale of its securities; and
                                        ``(VI) <<NOTE: Certification.>>  a
                                    certification from the regional center,
                                    and any issuer of securities intended to
                                    be offered to alien investors in
                                    connection with the relevant capital
                                    investment project, that their
                                    respective agents and employees, and any
                                    parties associated with the regional
                                    center and such issuer of securities
                                    affiliated with the regional center are
                                    in compliance with the securities laws
                                    of the United States and the laws of the
                                    applicable States in connection with the
                                    offer, purchase, or sale of its
                                    securities, to the best of the
                                    certifier's knowledge, after a due
                                    diligence investigation.
                              ``(ii) Effect of approval of a business plan
                          for an investment in a regional center's
                          commercial enterprise.--The approval of an
                          application under this subparagraph, including an
                          approval before the date of the enactment of this
                          subparagraph, shall be binding for purposes of the
                          adjudication of subsequent petitions seeking
                          classification under this paragraph by immigrants
                          investing in the same offering described in such
                          application, and of petitions by the same
                          immigrants filed under section 216A unless--
                                        ``(I) the applicant engaged in
                                    fraud, misrepresentation, or criminal
                                    misuse;
                                        ``(II) such approval would threaten
                                    public safety or national security;
                                        ``(III) there has been a material
                                    change that affects eligibility;
                                        ``(IV) the discovery of other
                                    evidence affecting program eligibility
                                    was not disclosed by the applicant
                                    during the adjudication process; or
                                        ``(V) the previous adjudication
                                    involved a material mistake of law or
                                    fact.
                              ``(iii) Amendments.--

                                    ``(I) <<NOTE: Procedures. Deadline.>>
                                    Approval.--The Secretary of Homeland
                                    Security may establish procedures by
                                    which a regional center may seek
                                    approval of an amendment to an approved
                                    application under this subparagraph that
                                    reflects changes specified by the
                                    Secretary to any information, documents,
                                    or other aspects of the investment
                                    offering described in such approved
                                    application not later than 30 days after
                                    any such changes.

    [[Page 136 STAT. 1081]]

                                        ``(II) Incorporation.--Upon the
                                    approval of a timely filed amendment to
                                    an approved application, any changes
                                    reflected in such amendment may be
                                    incorporated into and considered in
                                    determining program eligibility through
                                    adjudication of--
                                                ``(aa) pending petitions
                                            from immigrants investing in the
                                            offering described in the
                                            approved application who are
                                            seeking classification under
                                            this paragraph; and
                                                ``(bb) petitions by
                                            immigrants described in item
                                            (aa) that are filed under
                                            section 216A.
                              ``(iv) Site visits.--The Secretary of Homeland
                          Security shall--
                                        ``(I) <<NOTE: Time
                                    period. Notification.>>  perform site
                                    visits to regional centers not earlier
                                    than 24 hours after providing notice of
                                    such site visit; and
                                        ``(II) perform at least 1 site visit
                                    to, as applicable, each new commercial
                                    enterprise or job-creating entity, or
                                    the business locations where any jobs
                                    that are claimed as being created.
                              ``(v) Parameters for capital redeployment.--
                                        ``(I) In
                                    general. <<NOTE: Regulations.>> --The
                                    Secretary of Homeland Security shall
                                    prescribe regulations, in accordance
                                    with subchapter II of chapter 5 and
                                    chapter 7 of title 5, United States Code
                                    (commonly known as the `Administrative
                                    Procedure Act'), that allow a new
                                    commercial enterprise to redeploy
                                    investment funds anywhere within the
                                    United States or its territories for the
                                    purpose of maintaining the investors'
                                    capital at risk if--
                                                ``(aa) the new commercial
                                            enterprise has executed the
                                            business plan for a capital
                                            investment project in good faith
                                            without a material change;
                                                ``(bb) the new commercial
                                            enterprise has created a
                                            sufficient number of new full
                                            time positions to satisfy the
                                            job creation requirements of the
                                            program for all investors in the
                                            new commercial enterprise,
                                            either directly or indirectly,
                                            as evidenced by the
                                            methodologies set forth in this
                                            Act;
                                                ``(cc) the job creating
                                            entity has repaid the capital
                                            initially deployed in conformity
                                            with the initial investment
                                            contemplated by the business
                                            plan; and
                                                ``(dd) the capital, after
                                            repayment by the job creating
                                            entity, remains at risk and it
                                            is not redeployed in passive
                                            investments, such as stocks or
                                            bonds.
                                        ``(II) <<NOTE: Determination.>>
                                    Termination.--The Secretary of Homeland
                                    Security shall terminate the designation
                                    of a regional center if the Secretary
                                    determines that a new commercial
                                    enterprise has violated any of the
                                    requirements under subclause (I) in the
                                    redeployment of funds invested in such
                                    regional center.

    [[Page 136 STAT. 1082]]

                        ``(G) Regional center annual statements.--
                              ``(i) In general.--Each regional center
                          designated under subparagraph (E) shall submit an
                          annual statement, in a manner prescribed by the
                          Secretary of Homeland
                          Security. <<NOTE: Certifications.>>  Each such
                          statement shall include--
                                        ``(I) a certification stating that,
                                    to the best of the certifier's
                                    knowledge, after a due diligence
                                    investigation, the regional center is in
                                    compliance with clauses (i) and (ii) of
                                    subparagraph (H);
                                        ``(II) a certification described in
                                    subparagraph (I)(ii)(II);
                                        ``(III) a certification stating
                                    that, to the best of the certifier's
                                    knowledge, after a due diligence
                                    investigation, the regional center is in
                                    compliance with subparagraph (K)(iii);
                                        ``(IV) a description of any pending
                                    material litigation or bankruptcy
                                    proceedings, or material litigation or
                                    bankruptcy proceedings resolved during
                                    the preceding fiscal year, involving the
                                    regional center, the new commercial
                                    enterprise, or any affiliated job-
                                    creating entity;
                                        ``(V) an accounting of all
                                    individual alien investor capital
                                    invested in the regional center, new
                                    commercial enterprise, and job-creating
                                    entity;
                                        ``(VI) for each new commercial
                                    enterprise associated with the regional
                                    center--
                                                ``(aa) an accounting of the
                                            aggregate capital invested in
                                            the new commercial enterprise
                                            and any job-creating entity by
                                            alien investors under this
                                            paragraph for each capital
                                            investment project being
                                            undertaken by the new commercial
                                            enterprise;
                                                ``(bb) a description of how
                                            the capital described in item
                                            (aa) is being used to execute
                                            each capital investment project
                                            in the filed business plan or
                                            plans;
                                                ``(cc) evidence that 100
                                            percent of the capital described
                                            in item (aa) has been committed
                                            to each capital investment
                                            project;
                                                ``(dd) detailed evidence of
                                            the progress made toward the
                                            completion of each capital
                                            investment project;
                                                ``(ee) an accounting of the
                                            aggregate direct jobs created or
                                            preserved;
                                                ``(ff) to the best of the
                                            regional center's knowledge, for
                                            all fees, including
                                            administrative fees, loan
                                            monitoring fees, loan management
                                            fees, commissions and similar
                                            transaction-based compensation,
                                            collected from alien investors
                                            by the regional center, the new
                                            commercial enterprise, any
                                            affiliated job-creating entity,
                                            any affiliated issuer of
                                            securities intended to be
                                            offered to alien investors, or
                                            any promoter, finder, broker-
                                            dealer, or other

    [[Page 136 STAT. 1083]]

                                            entity engaged by any of the
                                            aforementioned entities to
                                            locate individual investors--
                                                    ``(AA) a description of
                                                all fees collected;
                                                    ``(BB) an accounting of
                                                the entities that received
                                                such fees; and
                                                    ``(CC) the purpose for
                                                which such fees were
                                                collected;
                                                ``(gg) any documentation
                                            referred to in subparagraph
                                            (F)(i)(IV) if there has been a
                                            material change during the
                                            preceding fiscal year; and
                                                ``(hh) a certification by
                                            the regional center that the
                                            information provided under items
                                            (aa) through (gg) is accurate,
                                            to the best of the certifier's
                                            knowledge, after a due diligence
                                            investigation; and
                                        ``(VII) a description of the
                                    regional center's policies and
                                    procedures that are designed to enable
                                    the regional center to comply with
                                    applicable Federal labor laws.

                          ``(ii) <<NOTE: Requirements. Determinations.>>
                          Amendment of annual statements.--The Secretary of
                          Homeland Security--
                                        ``(I) shall require the regional
                                    center to amend or supplement an annual
                                    statement required under clause (i) if
                                    the Secretary determines that such
                                    statement is deficient; and
                                        ``(II) may require the regional
                                    center to amend or supplement such
                                    annual statement if the Director
                                    determines that such an amendment or
                                    supplement is appropriate.
                              ``(iii) Sanctions.--
                                        ``(I) Effect of
                                    violation. <<NOTE: Determination.>> --
                                    The Director shall sanction any regional
                                    center entity in accordance with
                                    subclause (II) if the regional center
                                    fails to submit an annual statement or
                                    if the Director determines that the
                                    regional center--
                                                ``(aa) knowingly submitted
                                            or caused to be submitted a
                                            statement, certification, or any
                                            information submitted pursuant
                                            to this subparagraph that
                                            contained an untrue statement of
                                            material fact; or
                                                ``(bb) is conducting itself
                                            in a manner inconsistent with
                                            its designation under
                                            subparagraph (E), including any
                                            willful, undisclosed, and
                                            material deviation by new
                                            commercial enterprises from any
                                            filed business plan for such new
                                            commercial enterprises.
                                        ``(II) Authorized sanctions.--The
                                    Director shall establish a graduated set
                                    of sanctions based on the severity of
                                    the violations referred to in subclause
                                    (I), including--
                                                ``(aa) fines equal to not
                                            more than 10 percent of the
                                            total capital invested by alien
                                            investors in the regional
                                            center's new commercial
                                            enterprises or job-creating
                                            entities directly involved in
                                            such violations, the payment of

    [[Page 136 STAT. 1084]]

                                            which shall not in any
                                            circumstance utilize any of such
                                            alien investors' capital
                                            investments, and which shall be
                                            deposited into the EB-5
                                            Integrity Fund established under
                                            subparagraph (J);
                                                ``(bb) temporary suspension
                                            from participation in the
                                            program described in
                                            subparagraph (E), which may be
                                            lifted by the Director if the
                                            individual or entity cures the
                                            alleged violation after being
                                            provided such an opportunity by
                                            the Director;
                                                ``(cc) permanent bar from
                                            participation in the program
                                            described in subparagraph (E)
                                            for 1 or more individuals or
                                            business entities associated
                                            with the regional center, new
                                            commercial enterprise, or job-
                                            creating entity; and
                                                ``(dd) termination of
                                            regional center designation.
                              ``(iv) Availability of annual statements to
                          investors. <<NOTE: Deadline. Records.>> --Not
                          later than 30 days after a request from an alien
                          investor, a regional center shall make available
                          to such alien investor a copy of the filed annual
                          statement and any amendments filed to such
                          statement, which shall be redacted to exclude any
                          information unrelated to such alien investor or
                          the new commercial enterprise or job creating
                          entity into which the alien investor invested.
                        ``(H) Bona fides of persons involved with regional
                    center program.--
                              ``(i) In general.--The Secretary of Homeland
                          Security may not permit any person to be involved
                          with any regional center, new commercial
                          enterprise, or job-creating entity if--
                                        ``(I) <<NOTE: Time periods.>>  the
                                    person has been found to have
                                    committed--
                                                ``(aa) a criminal or civil
                                            offense involving fraud or
                                            deceit within the previous 10
                                            years;
                                                ``(bb) a civil offense
                                            involving fraud or deceit that
                                            resulted in a liability in
                                            excess of $1,000,000; or
                                                ``(cc) a crime for which the
                                            person was convicted and
                                            sentenced to a term of
                                            imprisonment of more than 1
                                            year;
                                        ``(II) the person is subject to a
                                    final order, for the duration of any
                                    penalty imposed by such order, of a
                                    State securities commission (or an
                                    agency or officer of a State performing
                                    similar functions), a State authority
                                    that supervises or examines banks,
                                    savings associations, or credit unions,
                                    a State insurance commission (or an
                                    agency or officer of a State performing
                                    similar functions), an appropriate
                                    Federal banking agency, the Commodity
                                    Futures Trading Commission, the
                                    Securities and Exchange Commission, a
                                    financial self-regulatory organization
                                    recognized by the Securities and
                                    Exchange Commission, or the

    [[Page 136 STAT. 1085]]

                                    National Credit Union Administration,
                                    which is based on a violation of any law
                                    or regulation that--
                                                ``(aa) prohibits fraudulent,
                                            manipulative, or deceptive
                                            conduct; or
                                                ``(bb) bars the person
                                            from--
                                                    ``(AA) association with
                                                an entity regulated by such
                                                commission, authority,
                                                agency, or officer;
                                                    ``(BB) appearing before
                                                such commission, authority,
                                                agency, or officer;
                                                    ``(CC) engaging in the
                                                business of securities,
                                                insurance, or banking; or
                                                    ``(DD) engaging in
                                                savings association or
                                                credit union activities;
                                        ``(III) <<NOTE: Determination.>>
                                    the Secretary determines that the person
                                    is engaged in, has ever been engaged in,
                                    or seeks to engage in--
                                                ``(aa) any illicit
                                            trafficking in any controlled
                                            substance or in any listed
                                            chemical (as defined in section
                                            102 of the Controlled Substances
                                            Act);
                                                ``(bb) any activity relating
                                            to espionage, sabotage, or theft
                                            of intellectual property;
                                                ``(cc) any activity related
                                            to money laundering (as
                                            described in section 1956 or
                                            1957 of title 18, United States
                                            Code);
                                                ``(dd) any terrorist
                                            activity (as defined in section
                                            212(a)(3)(B));
                                                ``(ee) any activity
                                            constituting or facilitating
                                            human trafficking or a human
                                            rights offense;
                                                ``(ff) any activity
                                            described in section
                                            212(a)(3)(E); or
                                                ``(gg) the violation of any
                                            statute, regulation, or
                                            Executive order regarding
                                            foreign financial transactions
                                            or foreign asset control; or
                                        ``(IV) <<NOTE: Time period.>>  the
                                    person--
                                                ``(aa) is, or during the
                                            preceding 10 years has been,
                                            included on the Department of
                                            Justice's List of Currently
                                            Disciplined Practitioners; or
                                                ``(bb) during the preceding
                                            10 years, has received a
                                            reprimand or has otherwise been
                                            publicly disciplined for conduct
                                            related to fraud or deceit by a
                                            State bar association of which
                                            the person is or was a member.
                              ``(ii) Foreign involvement in regional center
                          program.--
                                        ``(I) Lawful status required.--A
                                    person may not be involved with a
                                    regional center unless the person--
                                                ``(aa) is a national of the
                                            United States or an individual
                                            who has been lawfully admitted
                                            for permanent residence (as such
                                            terms are defined in paragraphs
                                            (20) and (22) of section
                                            101(a)); and

    [[Page 136 STAT. 1086]]

                                                ``(bb) is not the subject of
                                            rescission or removal
                                            proceedings.
                                        ``(II) Foreign governments.--No
                                    agency, official, or other similar
                                    entity or representative of a foreign
                                    government entity may provide capital
                                    to, or be directly or indirectly
                                    involved with the ownership or
                                    administration of, a regional center, a
                                    new commercial enterprise, or a job-
                                    creating entity, except that a foreign
                                    or domestic investment fund or other
                                    investment vehicle that is wholly or
                                    partially owned, directly or indirectly,
                                    by a bona fide foreign sovereign wealth
                                    fund or a foreign state-owned enterprise
                                    otherwise permitted to do business in
                                    the United States may be involved with
                                    the ownership, but not the
                                    administration, of a job-creating entity
                                    that is not an affiliated job-creating
                                    entity.
                                        ``(III) <<NOTE: Deadline.>>
                                    Rulemaking.--Not later than 270 days
                                    after the date of the enactment of the
                                    EB-5 Reform and Integrity Act of 2022,
                                    the Secretary shall issue regulations
                                    implementing subparagraphs (I) and (II).
                              ``(iii) Information required.--The Secretary
                          of Homeland Security--

                                    ``(I) <<NOTE: Attestations. Determination
                                    s.>>  shall require such attestations
                                    and information, including the
                                    submission of fingerprints or other
                                    biometrics to the Federal Bureau of
                                    Investigation with respect to a regional
                                    center, a new commercial enterprise, and
                                    any affiliated job creating entity, and
                                    persons involved with such entities (as
                                    described in clause (v)), as may be
                                    necessary to determine whether such
                                    entities are in compliance with clauses
                                    (i) and (ii);
                                        ``(II) shall perform such criminal
                                    record checks and other background and
                                    database checks with respect to a
                                    regional center, a new commercial
                                    enterprise, and any affiliated job-
                                    creating entity, and persons involved
                                    with such entities (as described in
                                    clause (v)), as may be necessary to
                                    determine whether such entities are in
                                    compliance with clauses (i) and (ii);
                                    and
                                        ``(III) may, at the Secretary's
                                    discretion, require the information
                                    described to in subclause (I) and may
                                    perform the checks described in
                                    subclause (II) with respect to any job
                                    creating entity and persons involved
                                    with such entity if there is a
                                    reasonable basis to believe such entity
                                    or person is not in compliance with
                                    clauses (i) and (ii).
                              ``(iv) Termination.--
                                        ``(I) <<NOTE: Determination.>>  In
                                    general.--The Secretary of Homeland
                                    Security may suspend or terminate the
                                    designation of any regional center, or
                                    the participation under the program of
                                    any new commercial enterprise or job-
                                    creating entity under this paragraph if
                                    the Secretary determines that such
                                    entity--

    [[Page 136 STAT. 1087]]

                                                ``(aa) <<NOTE: Deadline.>>
                                            knowingly involved a person with
                                            such entity in violation of
                                            clause (i) or (ii) by failing,
                                            within 14 days of acquiring such
                                            knowledge--
                                                    ``(AA) to take
                                                commercially reasonable
                                                efforts to discontinue the
                                                prohibited person's
                                                involvement; or

                                                ``(BB) <<NOTE: Notification.>>
                                                 to provide notice to the
                                                Secretary;
                                                ``(bb) failed to provide an
                                            attestation or information
                                            requested by the Secretary under
                                            clause (iii)(I); or
                                                ``(cc) knowingly provided
                                            any false attestation or
                                            information under clause
                                            (iii)(I).
                                        ``(II) Limitation.--The Secretary's
                                    authorized sanctions under subclause (I)
                                    shall be limited to entities that have
                                    engaged in any activity described in
                                    subclause (I).
                                        ``(III) Information.--
                                                ``(aa) Notification.--The
                                            Secretary, after performing the
                                            criminal record checks and other
                                            background checks described in
                                            clause (iii), shall notify a
                                            regional center, new commercial
                                            enterprise, or job-creating
                                            entity whether any person
                                            involved with such entities is
                                            not in compliance with clause
                                            (i) or (ii), unless the
                                            information that provides the
                                            basis for the determination is
                                            classified or disclosure is
                                            otherwise prohibited under law.
                                                ``(bb) <<NOTE: Deadline.>>
                                            Effect of failure to respond.--
                                            If the regional center, new
                                            commercial enterprise, or job-
                                            creating entity fails to
                                            discontinue the prohibited
                                            person's involvement with the
                                            regional center, new commercial
                                            enterprise, or job-creating
                                            entity, as applicable, within 30
                                            days after receiving such
                                            notification, such entity shall
                                            be deemed to have knowledge
                                            under subclause (I)(aa) that the
                                            involvement of such person with
                                            the entity is in violation of
                                            clause (i) or (ii).
                              ``(v) Persons involved with a regional center,
                          new commercial enterprise, or job-creating
                          entity. <<NOTE: Determination.>> --For the
                          purposes of this paragraph, unless otherwise
                          determined by the Secretary of Homeland Security,
                          a person is involved with a regional center, a new
                          commercial enterprise, any affiliated job-creating
                          entity, as applicable, if the person is, directly
                          or indirectly, in a position of substantive
                          authority to make operational or managerial
                          decisions over pooling, securitization,
                          investment, release, acceptance, or control or use
                          of any funding that was procured under the program
                          described in subparagraph (E). An individual may
                          be in a position of substantive authority if the
                          person serves as a principal, a representative, an
                          administrator, an owner, an officer, a board
                          member, a manager, an executive, a general
                          partner, a fiduciary, an agent, or in a similar
                          position at the

    [[Page 136 STAT. 1088]]

                          regional center, new commercial enterprise, or
                          job-creating entity, respectively.
                        ``(I) Compliance with securities laws.--
                              ``(i) Jurisdiction.--
                                        ``(I) In general.--The United States
                                    has jurisdiction, including subject
                                    matter jurisdiction, over the purchase
                                    or sale of any security offered or sold,
                                    or any investment advice provided, by
                                    any regional center or any party
                                    associated with a regional center for
                                    purposes of the securities laws.
                                        ``(II) Compliance with regulation
                                    s.--For purposes of section 5 of the
                                    Securities Act of 1933 (15 U.S.C. 77e),
                                    a regional center or any party
                                    associated with a regional center is not
                                    precluded from offering or selling a
                                    security pursuant to Regulation S (17
                                    C.F.R. 230.901 et seq.) to the extent
                                    that such offering or selling otherwise
                                    complies with that regulation.
                                        ``(III) Savings provision.--
                                    Subclause (I) is not intended to modify
                                    any existing rules or regulations of the
                                    Securities and Exchange Commission
                                    related to the application of section
                                    15(a) of the Securities and Exchange Act
                                    of 1934 (15 U.S.C. 78o(a)) to foreign
                                    brokers or dealers.
                              ``(ii) <<NOTE: Compliance.>>  Regional center
                          certifications required.--
                                        ``(I) Initial certification.--The
                                    Secretary of Homeland Security may not
                                    approve an application for regional
                                    center designation or regional center
                                    amendment unless the regional center
                                    certifies that, to the best of the
                                    certifier's knowledge, after a due
                                    diligence investigation, the regional
                                    center is in compliance with and has
                                    policies and procedures, including those
                                    related to internal and external due
                                    diligence, reasonably designed to
                                    confirm, as applicable, that all parties
                                    associated with the regional center are
                                    and will remain in compliance with the
                                    securities laws of the United States and
                                    of any State in which--
                                                ``(aa) the offer, purchase,
                                            or sale of securities was
                                            conducted;
                                                ``(bb) the issuer of
                                            securities was located; or
                                                ``(cc) the investment advice
                                            was provided by the regional
                                            center or parties associated
                                            with the regional center.
                                        ``(II) Reissue.--A regional center
                                    shall annually reissue a certification
                                    described in subclause (I), in
                                    accordance with subparagraph (G), to
                                    certify compliance with clause (iii) by
                                    stating that--
                                                ``(aa) the certification is
                                            made by a certifier;
                                                ``(bb) to the best of the
                                            certifier's knowledge, after a
                                            due diligence investigation, all
                                            such offers, purchases, and
                                            sales of securities or the
                                            provision of investment advice
                                            complied

    [[Page 136 STAT. 1089]]

                                            with the securities laws of the
                                            United States and the securities
                                            laws of any State in which--
                                                    ``(AA) the offer,
                                                purchase, or sale of
                                                securities was conducted;
                                                    ``(BB) the issuer of
                                                securities was located; or
                                                    ``(CC) the investment
                                                advice was provided; and

                                            ``(cc) <<NOTE: Records. Data.>>
                                            records, data, and information
                                            related to such offers,
                                            purchases, and sales have been
                                            maintained.
                                        ``(III) Effect of noncompliance.--If
                                    a regional center, through its due
                                    diligence, discovered during the
                                    previous fiscal year that the regional
                                    center or any party associated with the
                                    regional center was not in compliance
                                    with the securities laws of the United
                                    States or the securities laws of any
                                    State in which the securities activities
                                    were conducted by any party associated
                                    with the regional center, the certifier
                                    shall--
                                                ``(aa) describe the
                                            activities that led to
                                            noncompliance;
                                                ``(bb) describe the actions
                                            taken to remedy the
                                            noncompliance; and
                                                ``(cc) certify that the
                                            regional center and all parties
                                            associated with the regional
                                            center are currently in
                                            compliance, to the best of the
                                            certifier's knowledge, after a
                                            due diligence investigation.
                              ``(iii) <<NOTE: Records. Data.>>  Oversight
                          required.--Each regional center shall--
                                        ``(I) use commercially reasonable
                                    efforts to monitor and supervise
                                    compliance with the securities laws in
                                    relations to all offers, purchases, and
                                    sales of, and investment advice relating
                                    to, securities made by parties
                                    associated with the regional center;
                                        ``(II) <<NOTE: Time period.>>
                                    maintain records, data, and information
                                    relating to all such offers, purchases,
                                    sales, and investment advice during the
                                    5-year period beginning on the date of
                                    their creation; and
                                        ``(III) make the records, data, and
                                    information described in subclause (II)
                                    available to the Secretary or to the
                                    Securities and Exchange Commission upon
                                    request.
                              ``(iv) Suspension or termination.--In addition
                          to any other authority provided to the Secretary
                          under this paragraph, the Secretary, in the
                          Secretary's discretion, may suspend or terminate
                          the designation of any regional center or impose
                          other sanctions against the regional center if the
                          regional center, or any parties associated with
                          the regional center that the regional center knew
                          or reasonably should have known--
                                        ``(I) are permanently or temporarily
                                    enjoined by order, judgment, or decree
                                    of any court of competent jurisdiction
                                    in connection with the offer,

    [[Page 136 STAT. 1090]]

                                    purchase, or sale of a security or the
                                    provision of investment advice;
                                        ``(II) are subject to any final
                                    order of the Securities and Exchange
                                    Commission or a State securities
                                    regulator that--
                                                ``(aa) bars such person from
                                            association with an entity
                                            regulated by the Securities and
                                            Exchange Commission or a State
                                            securities regulator; or
                                                ``(bb) constitutes a final
                                            order based on a finding of an
                                            intentional violation or a
                                            violation related to fraud or
                                            deceit in connection with the
                                            offer, purchase, or sale of, or
                                            investment advice relating to, a
                                            security; or
                                        ``(III) submitted, or caused to be
                                    submitted, a certification described in
                                    clause (ii) that contained an untrue
                                    statement of a material fact or omitted
                                    to state a material fact necessary in
                                    order to make the statements made, in
                                    light of the circumstances under which
                                    they were made, not misleading.
                              ``(v) Defined term.--In this subparagraph, the
                          term `parties associated with a regional center'
                          means--
                                        ``(I) the regional center;
                                        ``(II) any new commercial enterprise
                                    or affiliated job-creating entity or
                                    issuer of securities associated with the
                                    regional center;
                                        ``(III) the regional center's and
                                    new commercial enterprise's owners,
                                    officers, directors, managers, partners,
                                    agents, employees, promoters and
                                    attorneys, or similar position, as
                                    determined by the Secretary; and
                                        ``(IV) any person under the control
                                    of the regional center, new commercial
                                    enterprise, or issuer of securities
                                    associated with the regional center who
                                    is responsible for the marketing,
                                    offering, or sale of any security
                                    offered in connection with the capital
                                    investment project.
                              ``(vi) Savings provision.--Nothing in this
                          subparagraph may be construed to impair or limit
                          the authority of the Securities and Exchange
                          Commission under the Federal securities laws or
                          any State securities regulator under State
                          securities laws.
                        ``(J) EB-5 integrity fund.--
                              ``(i) Establishment.--There is established in
                          the United States Treasury a special fund, which
                          shall be known as the `EB-5 Integrity Fund'
                          (referred to in this subparagraph as the `Fund').
                          Amounts deposited into the Fund shall be available
                          to the Secretary of Homeland Security until
                          expended for the purposes set forth in clause
                          (iii).
                              ``(ii) Fees.--
                                        ``(I) <<NOTE: Effective date. Time
                                    period.>>  Annual fee.--On October 1,
                                    2022, and each October 1 thereafter, the
                                    Secretary of Homeland Security shall
                                    collect for the Fund an annual fee--

    [[Page 136 STAT. 1091]]

                                                ``(aa) except as provided in
                                            item (bb), of $20,000 from each
                                            regional center designated under
                                            subparagraph (E); and
                                                ``(bb) of $10,000 from each
                                            such regional center with 20 or
                                            fewer total investors in the
                                            preceding fiscal year in its new
                                            commercial enterprises.
                                        ``(II) <<NOTE: Effective date.>>
                                    Petition fee.--Beginning on October 1,
                                    2022, the Secretary shall collect a fee
                                    of $1,000 for the Fund with each
                                    petition filed under section
                                    204(a)(1)(H) for classification under
                                    subparagraph (E). The fee under this
                                    subclause is in addition to the fee that
                                    the Secretary is authorized to establish
                                    and collect for each petition to recover
                                    the costs of adjudication and
                                    naturalization services under section
                                    286(m).
                                        ``(III)
                                    Increases. <<NOTE: Regulations.>> --The
                                    Secretary may increase the amounts under
                                    this clause by prescribing such
                                    regulations as may be necessary to
                                    ensure that amounts in the Fund are
                                    sufficient to carry out the purposes set
                                    forth in clause (iii).
                              ``(iii) <<NOTE: Compliance.>>  Permissible
                          uses of fund.--The Secretary shall--
                                        ``(I) <<NOTE: Investigations.>>  use
                                    not less than \1/3\ of the amounts
                                    deposited into the Fund for
                                    investigations based outside of the
                                    United States, including--
                                                ``(aa) monitoring and
                                            investigating program-related
                                            events and promotional
                                            activities; and
                                                ``(bb) ensuring an alien
                                            investor's compliance with
                                            subparagraph (L); and
                                        ``(II) use amounts deposited into
                                    the Fund--
                                                ``(aa) to detect and
                                            investigate fraud or other
                                            crimes;

                                            ``(bb) <<NOTE: Determination.>>
                                            to determine whether regional
                                            centers, new commercial
                                            enterprises, job-creating
                                            entities, and alien investors
                                            (and their alien spouses and
                                            alien children) comply with the
                                            immigration laws;
                                                ``(cc) <<NOTE: Audits.>>  to
                                            conduct audits and site visits;
                                            and

                                            ``(dd) <<NOTE: Determination.>>
                                            as the Secretary determines to
                                            be necessary, including
                                            monitoring compliance with the
                                            requirements under section 107
                                            of the EB-5 Reform and Integrity
                                            Act of 2022.
                              ``(iv) <<NOTE: Deadlines.>>  Failure to pay
                          fee.--The Secretary of Homeland Security shall--
                                        ``(I) impose a reasonable penalty,
                                    which shall be deposited into the Fund,
                                    if any regional center does not pay the
                                    fee required under clause (ii) within 30
                                    days after the date on which such fee is
                                    due; and
                                        ``(II) <<NOTE: Termination.>>
                                    terminate the designation of any
                                    regional center that does not pay the
                                    fee required under clause (ii) within 90
                                    days after the date on which such fee is
                                    due.
                              ``(v) Report.--The Secretary shall submit an
                          annual report to the Committee on the Judiciary of

    [[Page 136 STAT. 1092]]

                          the Senate and the Committee on the Judiciary of
                          the House of Representatives that describes how
                          amounts in the Fund were expended during the
                          previous fiscal year.
                        ``(K) Direct and third-party promoters.--
                              ``(i) <<NOTE: Compliance. Guidelines.>>  Rules
                          and standards.--Direct and third-party promoters
                          (including migration agents) of a regional center,
                          any new commercial enterprise, an affiliated job-
                          creating entity, or an issuer of securities
                          intended to be offered to alien investors in
                          connection with a particular capital investment
                          project shall comply with the rules and standards
                          prescribed by the Secretary of Homeland Security
                          and any applicable Federal or State securities
                          laws, to oversee promotion of any offering of
                          securities related to the EB-5 Program,
                          including--
                                        ``(I) registration with U.S.
                                    Citizenship and Immigration Services,
                                    which--
                                                ``(aa) includes identifying
                                            and contact information for such
                                            promoter and confirmation of the
                                            existence of the written
                                            agreement required under clause
                                            (iii); and
                                                ``(bb) <<NOTE: Public
                                            information.>>  may be made
                                            publicly available at the
                                            discretion of the Secretary;
                                        ``(II) <<NOTE: Certification.>>
                                    certification by each promoter that such
                                    promoter is not ineligible under
                                    subparagraph (H)(i);
                                        ``(III) guidelines for accurately
                                    representing the visa process to foreign
                                    investors; and
                                        ``(IV) guidelines describing
                                    permissible fee arrangements under
                                    applicable securities and immigration
                                    laws.
                              ``(ii) Effect of
                          violation. <<NOTE: Determination.>> --If the
                          Secretary determines that a direct or third-party
                          promoter has violated clause (i), the Secretary
                          shall suspend or permanently bar such individual
                          from participation in the program described in
                          subparagraph (E).
                              ``(iii) Compliance. <<NOTE: Contracts.>> --
                          Each regional center, new commercial enterprise,
                          and affiliated job-creating entity shall maintain
                          a written agreement between or among such entities
                          and each direct or third-party promoter operating
                          on behalf of such entities that outlines the rules
                          and standards prescribed under clause (i).
                              ``(iv) Disclosure.--Each petition filed under
                          section 204(a)(1)(H) shall include a disclosure,
                          signed by the investor, that reflects all fees,
                          ongoing interest, and other compensation paid to
                          any person that the regional center or new
                          commercial enterprise knows has received, or will
                          receive, in connection with the investment,
                          including compensation to agents, finders, or
                          broker dealers involved in the offering, to the
                          extent not already specifically identified in the
                          business plan filed under subparagraph (F).
                        ``(L) Source of funds.--
                              ``(i) In general.--An alien investor shall
                          demonstrate that the capital required under
                          subparagraph

    [[Page 136 STAT. 1093]]

                          (A) and any funds used to pay administrative costs
                          and fees associated with the alien's investment
                          were obtained from a lawful source and through
                          lawful means.
                              ``(ii) Required information.--The Secretary of
                          Homeland Security shall require that an alien
                          investor's petition under this paragraph contain,
                          as applicable--
                                        ``(I) <<NOTE: Records.>>  business
                                    and tax records, or similar records,
                                    including--
                                                ``(aa) foreign business
                                            registration records;
                                                ``(bb) <<NOTE: Time
                                            period. Determination.>>
                                            corporate or partnership tax
                                            returns (or tax returns of any
                                            other entity in any form filed
                                            in any country or subdivision of
                                            such country), and personal tax
                                            returns, including income,
                                            franchise, property (whether
                                            real, personal, or intangible),
                                            or any other tax returns of any
                                            kind, filed during the past 7
                                            years (or another period to be
                                            determined by the Secretary to
                                            ensure that the investment is
                                            obtained from a lawful source of
                                            funds) with any taxing
                                            jurisdiction within or outside
                                            the United States by or on
                                            behalf of the alien investor;
                                            and
                                                ``(cc) any other evidence
                                            identifying any other source of
                                            capital or administrative fees;
                                        ``(II) evidence related to monetary
                                    judgments against the alien investor,
                                    including certified copies of any
                                    judgments, and evidence of all pending
                                    governmental civil or criminal actions,
                                    governmental administrative proceedings,
                                    and any private civil actions (pending
                                    or otherwise) involving possible
                                    monetary judgments against the alien
                                    investor from any court within or
                                    outside the United States; and
                                        ``(III) the identity of all persons
                                    who transfer into the United States, on
                                    behalf of the investor, any funds that
                                    are used to meet the capital requirement
                                    under subparagraph (A).
                              ``(iii) Gift and loan restrictions.--
                                        ``(I) In general.--Gifted and
                                    borrowed funds may not be counted toward
                                    the minimum capital investment
                                    requirement under subparagraph (C)
                                    unless such funds--
                                                ``(aa) were gifted or loaned
                                            to the alien investor in good
                                            faith; and
                                                ``(bb) were not gifted or
                                            loaned to circumvent any
                                            limitations imposed on
                                            permissible sources of capital
                                            under this subparagraph,
                                            including but not limited to
                                            proceeds from illegal activity.
                                        ``(II) Records requirement.--If
                                    funds invested under subparagraph (A)
                                    are gifted or loaned to the alien
                                    investor, the Secretary shall require
                                    that the alien investor's petition under
                                    this paragraph includes the records
                                    described in

    [[Page 136 STAT. 1094]]

                                    subclauses (I) and (II) of clause (ii)
                                    from the donor or, if other than a bank,
                                    the lender.
                        ``(M) Treatment of good faith investors following
                    program noncompliance.--
                              ``(i) Termination or debarment of eb-5
                          entity.--Except as provided in clause (vi), upon
                          the termination or debarment, as applicable, from
                          the program under this paragraph of a regional
                          center, a new commercial enterprise, or a job-
                          creating entity--
                                        ``(I) an otherwise qualified
                                    petition under section 204(a)(1)(H) or
                                    the conditional permanent residence of
                                    an alien who has been admitted to the
                                    United States pursuant to section
                                    216A(a)(1) based on an investment in a
                                    terminated regional center, new
                                    commercial enterprise, or job-creating
                                    entity shall remain valid or continue to
                                    be authorized, as applicable, consistent
                                    with this subparagraph; and
                                        ``(II) <<NOTE: Notification.>>  the
                                    Secretary of Homeland Security shall
                                    notify the alien beneficiaries of such
                                    petitions of such termination or
                                    debarment.
                              ``(ii) <<NOTE: Termination. Deadline.>>  New
                          regional center or investment.--The petition under
                          section 204(a)(1)(H) of an alien described in
                          clause (i) and the conditional permanent resident
                          status of an alien described in clause (i) shall
                          be terminated 180 days after notification of the
                          termination from the program under this paragraph
                          of a regional center, a new commercial enterprise,
                          or a job creating entity (but not sooner than 180
                          days after the date of the enactment of the EB-5
                          Reform and Integrity Act of 2022) unless--
                                        ``(I) in the case of the termination
                                    of a regional center--
                                                ``(aa) the new commercial
                                            enterprise associates with an
                                            approved regional center,
                                            regardless of the approved
                                            geographical boundaries of such
                                            regional center's designation;
                                            or
                                                ``(bb) such alien makes a
                                            qualifying investment in another
                                            new commercial enterprise; or
                                        ``(II) in the case of the debarment
                                    of a new commercial enterprise or job-
                                    creating entity, such alien--
                                                ``(aa) associates with a new
                                            commercial enterprise in good
                                            standing; and
                                                ``(bb) invests additional
                                            investment capital solely to the
                                            extent necessary to satisfy
                                            remaining job creation
                                            requirements under subparagraph
                                            (A)(ii).
                              ``(iii) Amendments.--

                                    ``(I) <<NOTE: Notification. Deadline.>>
                                    Filing requirement.--The Secretary shall
                                    permit a petition described in clause
                                    (i)(I) to be amended to allow such
                                    petition to meet the applicable
                                    eligibility requirements under clause
                                    (ii), or to notify the Secretary that a
                                    pending or approved petition continues
                                    to meet the eligibility

    [[Page 136 STAT. 1095]]

                                    requirements described in clause (ii)
                                    notwithstanding termination or debarment
                                    described in clause (i) if such
                                    amendment is filed not later than 180
                                    days after the Secretary provides
                                    notification of termination or debarment
                                    of a regional center, a new commercial
                                    enterprise, or a job-creating entity, as
                                    applicable.
                                        ``(II) Determination of
                                    eligibility.--For purposes of
                                    determining eligibility under subclause
                                    (I)--
                                                ``(aa) the Secretary shall
                                            permit amendments to the
                                            business plan, without such
                                            facts underlying the amendment
                                            being deemed a material change;
                                            and
                                                ``(bb) may deem any funds
                                            obtained or recovered by an
                                            alien investor, directly or
                                            indirectly, from claims against
                                            third parties, including
                                            insurance proceeds, or any
                                            additional investment capital
                                            provided by the alien, to be
                                            such alien's investment capital
                                            for the purposes of subparagraph
                                            (A) if such investment otherwise
                                            complies with the requirements
                                            under this paragraph and section
                                            216A.
                              ``(iv) <<NOTE: Effective date. Time period.>>
                          Removal of conditions.--Aliens described in
                          subclauses (I)(bb) and (II) of clause (ii) shall
                          be eligible to have their conditions removed
                          pursuant to section 216A beginning on the date
                          that is 2 years after the date of the subsequent
                          investment.
                              ``(v) Remedies.--For petitions approved under
                          clause (ii), including following an amendment
                          filed under clause (iii), the Secretary--
                                        ``(I) shall retain the immigrant
                                    visa priority date related to the
                                    original petition and prevent age-out of
                                    derivative beneficiaries; and
                                        ``(II) may hold such petition in
                                    abeyance and extend any applicable
                                    deadlines under this paragraph.
                              ``(vi) Exception.--If the Secretary has reason
                          to believe that an alien was a knowing participant
                          in the conduct that led to the termination of a
                          regional center, new commercial enterprise, or
                          job-creating entity described in clause (i)--
                                        ``(I) the alien shall not be
                                    accorded any benefit under this
                                    subparagraph; and
                                        ``(II) the Secretary shall--

                                            ``(aa) <<NOTE: Notification.>>
                                            notify the alien of such belief;
                                            and
                                                ``(bb) subject to section
                                            216A(b)(2), shall deny or
                                            initiate proceedings to revoke
                                            the approval of such alien's
                                            petition, application, or
                                            benefit (and that of any spouse
                                            or child, if applicable)
                                            described in this paragraph.
                        ``(N) Threats to the national interest.--
                              ``(i) Denial or revocation.--The Secretary of
                          Homeland Security shall deny or revoke the
                          approval of a petition, application, or benefit
                          described in this paragraph, including the
                          documents described in clause

    [[Page 136 STAT. 1096]]

                          (ii), if the Secretary determines, in the
                          Secretary's discretion, that the approval of such
                          petition, application, or benefit is contrary to
                          the national interest of the United States for
                          reasons relating to threats to public safety or
                          national security.
                              ``(ii) Documents.--The documents described in
                          this clause are--
                                        ``(I) <<NOTE: Certification.>>  a
                                    certification, designation, or amendment
                                    to the designation of a regional center;
                                        ``(II) a petition seeking
                                    classification of an alien as an alien
                                    investor under this paragraph;
                                        ``(III) a petition to remove
                                    conditions under section 216A;
                                        ``(IV) an application for approval
                                    of a business plan in a new commercial
                                    enterprise under subparagraph (F); or
                                        ``(V) a document evidencing
                                    conditional permanent resident status
                                    that was issued to an alien pursuant to
                                    section 216A.
                              ``(iii) Debarment. <<NOTE: Determination.>> --
                          If a regional center, new commercial enterprise,
                          or job-creating entity has its designation or
                          participation in the program under this paragraph
                          terminated for reasons relating to public safety
                          or national security, any person associated with
                          such regional center, new commercial enterprise,
                          or job-creating entity, including an alien
                          investor, shall be permanently barred from future
                          participation in the program under this paragraph
                          if the Secretary of Homeland Security, in the
                          Secretary's discretion, determines, by a
                          preponderance of the evidence, that such person
                          was a knowing participant in the conduct that led
                          to the termination.
                              ``(iv) <<NOTE: Determination.>>  Notice.--If
                          the Secretary of Homeland Security determines that
                          the approval of a petition, application, or
                          benefit described in this paragraph should be
                          denied or revoked pursuant to clause (i), the
                          Secretary shall--
                                        ``(I) notify the relevant
                                    individual, regional center, or
                                    commercial entity of such determination;
                                        ``(II) deny or revoke such petition,
                                    application, or benefit or terminate the
                                    permanent resident status of the alien
                                    (and the alien spouse and alien children
                                    of such immigrant), as of the date of
                                    such determination; and
                                        ``(III) provide any United States-
                                    owned regional center, new commercial
                                    enterprise, or job creating entity an
                                    explanation for such determination
                                    unless the relevant information is
                                    classified or disclosure is otherwise
                                    prohibited under law.
                              ``(v) Judicial review.--Notwithstanding any
                          other provision of law (statutory or
                          nonstatutory), including section 2241 of title 28,
                          United States Code, or any other habeas corpus
                          provision, and sections 1361 and 1651 of such
                          title, no court shall have jurisdiction to review
                          a denial or revocation under this subparagraph.
                          Nothing in this clause may be construed as
                          precluding review of constitutional claims or
                          questions

    [[Page 136 STAT. 1097]]

                          of law raised upon a petition for review filed
                          with an appropriate court of appeals in accordance
                          with section 242.
                        ``(O) <<NOTE: Determinations.>>  Fraud,
                    misrepresentation, and criminal misuse.--
                              ``(i) Denial or revocation.--Subject to
                          subparagraph (M), the Secretary of Homeland
                          Security shall deny or revoke the approval of a
                          petition, application, or benefit described in
                          this paragraph, including the documents described
                          in subparagraph (N)(ii), if the Secretary
                          determines, in the Secretary's discretion, that
                          such petition, application, or benefit was
                          predicated on or involved fraud, deceit,
                          intentional material misrepresentation, or
                          criminal misuse.
                              ``(ii) Debarment.--If a regional center, new
                          commercial enterprise, or job-creating entity has
                          its designation or participation in the program
                          under this paragraph terminated for reasons
                          relating to fraud, intentional material
                          misrepresentation, or criminal misuse, any person
                          associated with such regional center, new
                          commercial enterprise, or job-creating entity,
                          including an alien investor, shall be permanently
                          barred from future participation in the program if
                          the Secretary determines, in the Secretary's
                          discretion, by a preponderance of the evidence,
                          that such person was a knowing participant in the
                          conduct that led to the termination.
                              ``(iii) Notice.--If the Secretary determines
                          that the approval of a petition, application, or
                          benefit described in this paragraph should be
                          denied or revoked pursuant to clause (i), the
                          Secretary shall--
                                        ``(I) notify the relevant
                                    individual, regional center, or
                                    commercial entity of such determination;
                                    and
                                        ``(II) deny or revoke such petition,
                                    application, or benefit or terminate the
                                    permanent resident status of the alien
                                    (and the alien spouse and alien children
                                    of such immigrant), in accordance with
                                    clause (i), as of the date of such
                                    determination.
                        ``(P) Administrative appellate review.--
                              ``(i) In general.--The Director of U.S.
                          Citizenship and Immigration Services shall provide
                          an opportunity for an administrative appellate
                          review by the Administrative Appeals Office of
                          U.S. Citizenship and Immigration Services of any
                          determination made under this paragraph,
                          including--
                                        ``(I) an application for regional
                                    center designation or regional center
                                    amendment;
                                        ``(II) an application for approval
                                    of a business plan filed under
                                    subparagraph (F);
                                        ``(III) a petition by an alien
                                    investor for status as an immigrant
                                    under this paragraph;
                                        ``(IV) the termination or suspension
                                    of any benefit accorded under this
                                    paragraph; and
                                        ``(V) any sanction imposed by the
                                    Secretary under this paragraph.

    [[Page 136 STAT. 1098]]

                              ``(ii) Judicial review.--Subject to
                          subparagraph (N)(v) and section 242(a)(2), and
                          notwithstanding any other provision of law
                          (statutory or nonstatutory), including section
                          2241 of title 28, United States Code, or any other
                          habeas corpus provision, and sections 1361 and
                          1651 of such title, no court shall have
                          jurisdiction to review a determination under this
                          paragraph until the regional center, its
                          associated entities, or the alien investor has
                          exhausted all administrative appeals.
                        ``(Q) Fund administration.--
                              ``(i) In general.--Each new commercial
                          enterprise shall deposit and maintain the capital
                          investment of each alien investor in a separate
                          account, including amounts held in escrow.
                              ``(ii) Use of funds.--Amounts in a separate
                          account may only--
                                        ``(I) be transferred to another
                                    separate account or a job creating
                                    entity;
                                        ``(II) otherwise be deployed into
                                    the capital investment project for which
                                    the funds were intended; or
                                        ``(III) be transferred to the alien
                                    investor who contributed the funds as a
                                    refund of that investor's capital
                                    investment, if otherwise permitted under
                                    this paragraph.
                              ``(iii) Deployment of funds into an affiliated
                          job-creating entity.--If amounts are transferred
                          to an affiliated job-creating entity pursuant to
                          clause (ii)(I)--
                                        ``(I) the affiliated job-creating
                                    entity shall maintain such amounts in a
                                    separate account until they are deployed
                                    into the capital investment project for
                                    which they were intended; and

                                    ``(II) <<NOTE: Deadline. Notification. Ve
                                    rification.>>  not later than 30 days
                                    after such amounts are deployed pursuant
                                    to subclause (I), the affiliated job-
                                    creating entity shall provide written
                                    notice to the fund administrator
                                    retained pursuant to clause (iv) that a
                                    construction consultant or other
                                    individual authorized by the Secretary
                                    has verified that such amounts have been
                                    deployed into the project.
                              ``(iv) Fund administrator.--Except as provided
                          in clause (v), the new commercial enterprise shall
                          retain a fund administrator to fulfill the
                          requirements under this subparagraph. The fund
                          administrator--
                                        ``(I) shall be independent of, and
                                    not directly related to, the new
                                    commercial enterprise, the regional
                                    center associated with the new
                                    commercial enterprise, the job creating
                                    entity, or any of the principals or
                                    managers of such entities;
                                        ``(II) shall be licensed, active,
                                    and in good standing as--
                                                ``(aa) a certified public
                                            accountant;
                                                ``(bb) an attorney;

    [[Page 136 STAT. 1099]]

                                                ``(cc) a broker-dealer or
                                            investment adviser registered
                                            with the Securities and Exchange
                                            Commission; or
                                                ``(dd) an individual or
                                            company that otherwise meets
                                            such requirements as may be
                                            established by the Secretary;
                                        ``(III) shall monitor and track any
                                    transfer of amounts from the separate
                                    account;
                                        ``(IV) shall serve as a cosignatory
                                    on all separate accounts;
                                        ``(V) before any transfer of amounts
                                    from a separate account, shall--

                                            ``(aa) <<NOTE: Verification. Comp
                                            liance.>>  verify that the
                                            transfer complies with all
                                            governing documents, including
                                            organizational, operational, and
                                            investment documents; and
                                                ``(bb) <<NOTE: Approval.>>
                                            approve such transfer with a
                                            written or electronic signature;
                                        ``(VI) shall periodically provide
                                    each alien investor with information
                                    about the activity of the account in
                                    which the investor's capital investment
                                    is held, including--
                                                ``(aa) the name and location
                                            of the bank or financial
                                            institution at which the account
                                            is maintained;
                                                ``(bb) the history of the
                                            account; and
                                                ``(cc) any additional
                                            information required by the
                                            Secretary; and
                                        ``(VII) <<NOTE: Time
                                    period. Records. Compliance.>>  shall
                                    make and preserve, during the 5-year
                                    period beginning on the last day of the
                                    Federal fiscal year in which any
                                    transactions occurred, books, ledgers,
                                    records, and other documentation
                                    necessary to comply with this clause,
                                    which shall be provided to the Secretary
                                    upon request.
                              ``(v) Waiver.--

                                    ``(I) <<NOTE: Consultation. Determination
                                    .>>  Waiver permitted.--The Secretary of
                                    Homeland Security, after consultation
                                    with the Securities and Exchange
                                    Commission, may waive the requirements
                                    under clause (iv) for any new commercial
                                    enterprise or affiliated job-creating
                                    entity that is controlled by or under
                                    common control of an investment adviser
                                    or broker-dealer that is registered with
                                    the Securities and Exchange Commission
                                    if the Secretary, in the Secretary's
                                    discretion, determines that the
                                    Securities and Exchange Commission
                                    provides comparable protections and
                                    transparency for alien investors as the
                                    protections and transparency provided
                                    under clause (iv).
                                        ``(II) Waiver required.--The
                                    Secretary of Homeland Security shall
                                    waive the requirements under clause (iv)
                                    for any new commercial enterprise that
                                    commissions an annual independent
                                    financial audit of such new commercial
                                    enterprise or job creating entity
                                    conducted in accordance with Generally
                                    Accepted Auditing Standards, which

    [[Page 136 STAT. 1100]]

                                    audit shall be provided to the Secretary
                                    and all investors in the new commercial
                                    enterprise.
                              ``(vi) Defined term.--In this subparagraph,
                          the term `separate account' means an account
                          that--
                                        ``(I) is maintained in the United
                                    States by a new commercial enterprise or
                                    job creating entity at a federally
                                    regulated bank or at another financial
                                    institution (as defined in section 20 of
                                    title 18, United States Code) in the
                                    United States;
                                        ``(II) is insured; and
                                        ``(III) contains only the pooled
                                    investment funds of alien investors in a
                                    new commercial enterprise with respect
                                    to a single capital investment
                                    project.''.
                (2) <<NOTE: 8 USC 1153 note.>>  Effective date.--The
            amendment made by this subsection shall take effect on the date
            that is 60 days after the date of the enactment of this Act.

        (c) Required Checks.--
                (1) In general.--Section 203(b)(5) of the Immigration and
            Nationality Act (8 U.S.C. 1153(b)(5)), as amended by subsection
            (b), is further amended by adding at the end the following:
                        ``(R) Required checks.--Any petition filed by an
                    alien under section 204(a)(1)(H) may not be approved
                    under this paragraph unless the Secretary of Homeland
                    Security has searched for the alien and any associated
                    employer of such alien on the Specially Designated
                    Nationals List of the Department of the Treasury Office
                    of Foreign Assets Control.''.
                (2) <<NOTE: 8 USC 1153 note.>>  Effective date.--The
            amendment made by this subsection shall take effect on the date
            of the enactment of this Act.
    SEC. 104. CONDITIONAL PERMANENT RESIDENT STATUS FOR ALIEN
                            INVESTORS, SPOUSES, AND CHILDREN.

        (a) In General.--Section 216A of the Immigration and Nationality Act
    (8 U.S.C. 1186b) is amended--
                (1) by striking ``Attorney General'' each place such term
            appears (except in subsection (d)(2)(C)) and inserting
            ``Secretary of Homeland Security'';
                (2) by striking ``entrepreneur'' each place such term
            appears and inserting ``investor'';
                (3) in subsection (a), by amending paragraph (1) to read as
            follows:
                ``(1) Conditional basis for status.--An alien investor,
            alien spouse, and alien child shall be considered, at the time
            of obtaining status as an alien lawfully admitted for permanent
            residence, to have obtained such status on a conditional basis
            subject to the provisions of this section.'';
                (4) in subsection (b)--
                        (A) in the subsection heading, by striking
                    ``Entrepreneurship'' and inserting ``Investment''; and
                        (B) by amending paragraph (1)(B) to read as follows:
                        ``(B) the alien did not invest the requisite
                    capital; or'';
                (5) in subsection (c)--
                        (A) in the subsection heading, by striking ``of
                    Timely Petition and Interview'';
                        (B) in paragraph (1)--

    [[Page 136 STAT. 1101]]

                              (i) in the matter preceding subparagraph (A),
                          by striking ``In order'' and inserting ``Except as
                          provided in paragraph (3)(D), in order'';
                              (ii) in subparagraph (A)--
                                        (I) by striking ``must'' and
                                    inserting ``shall''; and
                                        (II) by striking ``, and'' and
                                    inserting a semicolon;
                              (iii) in subparagraph (B)--
                                        (I) by striking ``must'' and
                                    inserting ``shall'';
                                        (II) by striking ``Service'' and
                                    inserting ``Department of Homeland
                                    Security''; and
                                        (III) by striking the period at the
                                    end and inserting ``; and''; and
                              (iv) by adding at the end the following:
                        ``(C) the Secretary shall have performed a site
                    visit to the relevant corporate office or business
                    location described in section 203(b)(5)(F)(iv).''; and
                        (C) in paragraph (3)--
                              (i) in subparagraph (A), in the undesignated
                          matter following clause (ii), by striking ``the''
                          before ``such filing''; and
                              (ii) by amending subparagraph (B) to read as
                          follows:
                        ``(B) Removal or extension of conditional basis.--
                              ``(i) <<NOTE: Determination. Compliance.>>  In
                          general.--Except as provided in clause (ii), if
                          the Secretary determines that the facts and
                          information contained in a petition submitted
                          under paragraph (1)(A) are true, including
                          demonstrating that the alien complied with
                          subsection (d)(1)(B)(i), the Secretary shall--
                                        ``(I) <<NOTE: Notification.>>
                                    notify the alien involved of such
                                    determination; and
                                        ``(II) remove the conditional basis
                                    of the alien's status effective as of
                                    the second anniversary of the alien's
                                    lawful admission for permanent
                                    residence.
                              ``(ii) Exception. <<NOTE: Time
                          period. Extension.>> --If the petition
                          demonstrates that the facts and information are
                          true and that the alien is in compliance with
                          subsection (d)(1)(B)(ii)--
                                        ``(I) the Secretary, in the
                                    Secretary's discretion, may provide a 1-
                                    year extension of the alien's
                                    conditional status; and

                                    ``(II)(aa) <<NOTE: Petition. Deadline. Ef
                                    fective date.>>  if the alien files a
                                    petition not later than 30 days after
                                    the third anniversary of the alien's
                                    lawful admission for permanent residence
                                    demonstrating that the alien complied
                                    with subsection (d)(1)(B)(i), the
                                    Secretary shall remove the conditional
                                    basis of the alien's status effective as
                                    of such third anniversary; or
                                        ``(bb) <<NOTE: Termination.>>  if
                                    the alien does not file the petition
                                    described in item (aa), the conditional
                                    status shall terminate at the end of
                                    such additional year.'';
                (6) in subsection (d)--
                        (A) in paragraph (1)--
                              (i) by amending subparagraph (A) to read as
                          follows:

    [[Page 136 STAT. 1102]]

                        ``(A) invested the requisite capital;'';
                              (ii) by redesignating subparagraph (B) as
                          subparagraph (C); and
                              (iii) by inserting after subparagraph (A) the
                          following:
                        ``(B)(i) created the employment required under
                    section 203(b)(5)(A)(ii); or
                        ``(ii) is actively in the process of creating the
                    employment required under section 203(b)(5)(A)(ii) and
                    will create such employment before the third anniversary
                    of the alien's lawful admission for permanent residence,
                    provided that such alien's capital will remain invested
                    during such time; and'';
                        (B) in paragraph (2), by amending subparagraph (A)
                    to read as follows:
                        ``(A) Ninety-day period before second anniversary.--
                              ``(i) In general.--Except as provided in
                          clause (ii) and subparagraph (B), a petition under
                          subsection (c)(1)(A) shall be filed during the 90-
                          day period immediately preceding the second
                          anniversary of the alien investor's lawful
                          admission for permanent residence.
                              ``(ii) Exception.--Aliens described in
                          subclauses (I)(bb) and (II) of section
                          203(b)(5)(M)(ii) shall file a petition under
                          subsection (c)(1)(A) during the 90-day period
                          before the second anniversary of the subsequent
                          investment.''; and
                        (C) in paragraph (3)--
                              (i) by striking ``The interview'' and
                          inserting the following:
                        ``(A) In general.--The interview'';
                              (ii) by striking ``Service'' and inserting
                          ``Department of Homeland Security''; and
                              (iii) by striking the last sentence and
                          inserting the following:
                        ``(B) <<NOTE: Criteria. Consultation.>>  Waiver.--
                    The Secretary of Homeland Security, in the Secretary's
                    discretion, may waive the deadline for an interview
                    under subsection (c)(1)(B) or the requirement for such
                    an interview according to criteria developed by U.S.
                    Citizenship and Immigration Services, in consultation
                    with its Fraud Detection and National Security
                    Directorate and U.S. Immigration and Customs
                    Enforcement, provided that such criteria do not include
                    a reduction of case processing times or the allocation
                    of adjudicatory resources. A waiver may not be granted
                    under this subparagraph if the alien to be interviewed--
                              ``(i) invested in a regional center, new
                          commercial enterprise, or job-creating entity that
                          was sanctioned under section 203(b)(5); or
                              ``(ii) <<NOTE: Determination.>>  is in a class
                          of aliens determined by the Secretary to be
                          threats to public safety or national security.'';
                          and
                (7) in subsection (f)(3), by striking ``a limited
            partnership'' and inserting ``any entity formed for the purpose
            of doing for-profit business''.

        (b) <<NOTE: 8 USC 1186b note.>>  Effective Dates.--

    [[Page 136 STAT. 1103]]

                (1) In general.--Except as provided in paragraph (2), the
            amendments made by subsection (a) shall take effect on the date
            of the enactment of this Act.
                (2) Exceptions.--
                        (A) Site visits.--The amendment made by subsection
                    (a)(5)(B)(iv) shall take effect on the date that is 2
                    years after the date of the enactment of this Act.
                        (B) Petition beneficiaries.--The amendments made by
                    subsection (a) shall not apply to the beneficiary of a
                    petition that is filed under section 216A of the
                    Immigration and Nationality Act (8 U.S.C. 1186b) if the
                    underlying petition was filed under section 203(b)(5) of
                    such Act (8 U.S.C. 1153(b)(5)) before the date of the
                    enactment of this Act.
    SEC. 105. PROCEDURE FOR GRANTING IMMIGRANT STATUS.

        (a) Filing Order and Eligibility.--Section 204(a)(1)(H) of the
    Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(H)) is amended to
    read as follows:
        ``(H)(i) <<NOTE: Petitions.>>  Any alien seeking classification
    under section 203(b)(5) may file a petition for such classification with
    the Secretary of Homeland Security. An alien seeking to pool his or her
    investment with 1 or more additional aliens seeking classification under
    section 203(b)(5) shall file for such classification in accordance with
    section 203(b)(5)(E), or before the date of the enactment of the EB-5
    Reform and Integrity Act of 2022, in accordance with section 203(b)(5).
    An alien petitioning for classification under section 203(b)(5)(E) may
    file a petition with the Secretary after a regional center has filed an
    application for approval of an investment under section 203(b)(5)(F).

        ``(ii) A petitioner described in clause (i) shall establish
    eligibility at the time he or she files a petition for classification
    under section 203(b)(5). A petitioner who was eligible for such
    classification at the time of such filing shall be deemed eligible for
    such classification at the time such petition is adjudicated, subject to
    the approval of the petitioner's associated application under section
    203(b)(5)(F), if applicable.''.
        (b) <<NOTE: 8 USC 1154 note.>>  Effective Dates.--
                (1) In general.--The amendment made by subsection (a) shall
            take effect on the date of the enactment of this Act.
                (2) Applicability to petitions.--Section 204(a)(1)(H)(i) of
            the Immigration and Nationality Act, as added by subsection (a),
            shall apply to any petition for classification pursuant to
            section 203(b)(5)(E) of such Act (8 U.S.C. 1153(b)(5)(E)) that
            is filed with the Secretary of Homeland Security on or after the
            date of the enactment of this Act.

        (c) <<NOTE: 8 USC 1153 note.>>  Adjudication of Petitions.--The
    Secretary of Homeland Security shall continue to adjudicate petitions
    and benefits under sections 203(b)(5) and 216A of the Immigration and
    Nationality Act (8 U.S.C. 1153(b)(5) and 1186b) during the
    implementation of this Act and the amendments made by this Act.
    SEC. 106. <<NOTE: 8 USC 1153 note.>>  TIMELY PROCESSING.

        (a) Fee Study. <<NOTE: Deadline.>> --Not later than 1 year after the
    date of the enactment of this Act, the Director of U.S. Citizenship and
    Immigration Services shall complete a study of fees charged in the
    administration of the program described in sections 203(b)(5) and 216A

    [[Page 136 STAT. 1104]]

    of the Immigration and Nationality Act (8 U.S.C. 1153(b)(5) and 1186b).

        (b) <<NOTE: Deadlines.>>  Adjustment of Fees To Achieve Efficient
    Processing.--Notwithstanding section 286(m) of the Immigration and
    Nationality Act (8 U.S.C. 1356(m)), and except as provided under
    subsection (c), the Director, not later than 60 days after the
    completion of the study under subsection (a), shall set fees for
    services provided under sections 203(b)(5) and 216A of such Act (8
    U.S.C. 1153(b)(5) and 1186b) at a level sufficient to ensure the full
    recovery only of the costs of providing such services, including the
    cost of attaining the goal of completing adjudications, on average, not
    later than--
                (1) 180 days after receiving a proposal for the
            establishment of a regional center described in section
            203(b)(5)(E) of such Act;
                (2) 180 days after receiving an application for approval of
            an investment in a new commercial enterprise described in
            section 203(b)(5)(F) of such Act;
                (3) 90 days after receiving an application for approval of
            an investment in a new commercial enterprise described in
            section 203(b)(5)(F) of such Act that is located in a targeted
            employment area (as defined in section 203(b)(5)(D) of such
            Act);
                (4) 240 days after receiving a petition from an alien
            desiring to be classified under section 203(b)(5)(E) of such
            Act;
                (5) 120 days after receiving a petition from an alien
            desiring to be classified under section 203(b)(5)(E) of such Act
            with respect to an investment in a targeted employment area (as
            defined in section 203(b)(5)(D) of such Act); and
                (6) 240 days after receiving a petition from an alien for
            removal of conditions described in section 216A(c) of such Act.

        (c) Additional Fees.--Fees in excess of the fee levels described in
    subsection (b) may be charged only--
                (1) in an amount that is equal to the amount paid by all
            other classes of fee-paying applicants for immigration-related
            benefits, to contribute to the coverage or reduction of the
            costs of processing or adjudicating classes of immigration
            benefit applications that Congress, or the Secretary of Homeland
            Security in the case of asylum applications, has authorized to
            be processed or adjudicated at no cost or at a reduced cost to
            the applicant; and
                (2) in an amount that is not greater than 1 percent of the
            fee for filing a petition under section 203(b)(5) of the
            Immigration and Nationality Act (8 U.S.C. 1153(b)(5)), to make
            improvements to the information technology systems used by the
            Secretary of Homeland Security to process, adjudicate, and
            archive applications and petitions under such section, including
            the conversion to electronic format of documents filed by
            petitioners and applicants for benefits under such section.

        (d) Exemption From Paperwork Reduction Act. <<NOTE: Time
    period. Determination.>> --During the 1-year period beginning on the
    date of the enactment of this Act, the requirements under chapter 35 of
    title 44, United States Code, shall not apply to any collection of
    information required under this division, any amendment made by this
    division, or any rule promulgated by the Secretary of Homeland Security
    to implement this division or the amendments made by this division, to
    the extent that the Secretary determines that compliance with such

    [[Page 136 STAT. 1105]]

    requirements would impede the expeditious implementation of this
    division or the amendments made by this division.

        (e) Rule of Construction Regarding Adjudication Delays.--Nothing in
    this division may be construed to limit the authority of the Secretary
    of Homeland Security to suspend the adjudication of any application or
    petition under section 203(b)(5) or 216A of the Immigration and
    Nationality Act (8 U.S.C. 1153(b)(5) and 1186b) pending the completion
    of a national security or law enforcement investigation relating to such
    application or petition.
        (f) Rule of Construction Regarding Modification of Fees.--Nothing in
    this section may be construed to require any modification of fees before
    the completion of--
                (1) the fee study described in subsection (a); or
                (2) regulations promulgated by the Secretary of Homeland
            Security, in accordance with subchapter II of chapter 5 and
            chapter 7 of title 5, United States Code (commonly known as the
            ``Administrative Procedure Act''), to carry out subsections (b)
            and (c).
    SEC. 107. <<NOTE: 8 USC 1153a.>>  TRANSPARENCY.

        (a) In General.--Employees of the Department of Homeland Security,
    including the Secretary of Homeland Security, the Secretary's
    counselors, the Assistant Secretary for the Private Sector, the Director
    of U.S. Citizenship and Immigration Services, counselors to such
    Director, and the Chief of the Immigrant Investor Programs Office (or
    any successor to such Office) at U.S. Citizenship and Immigration
    Services, shall act impartially and may not give preferential treatment
    to any entity, organization, or individual in connection with any aspect
    of the immigrant visa program described in section 203(b)(5) of the
    Immigration and Nationality Act (8 U.S.C. 1153(b)(5)).
        (b) Improper Activities.--Activities that constitute preferential
    treatment under subsection (a) shall include--
                (1) working on, or in any way attempting to influence, in a
            manner not available to or accorded to all other petitioners,
            applicants, and seekers of benefits under the immigrant visa
            program referred to in subsection (a), the standard processing
            of an application, petition, or benefit for--
                        (A) a regional center;
                        (B) a new commercial enterprise;
                        (C) a job-creating entity; or
                        (D) any person or entity associated with such
                    regional center, new commercial enterprise, or job-
                    creating entity; and
                (2) meeting or communicating with persons associated with
            the entities listed in paragraph (1), at the request of such
            persons, in a manner not available to or accorded to all other
            petitioners, applicants, and seekers of benefits under such
            immigrant visa program.

        (c) Reporting of Communications.--
                (1) Written communication. <<NOTE: Records.>> --Employees of
            the Department of Homeland Security, including the officials
            listed in subsection (a), shall include, in the record of
            proceeding for a case under section 203(b)(5) of the Immigration
            and Nationality Act (8 U.S.C. 1153(b)(5)), actual or electronic
            copies of all case-specific written communication, including
            emails from

    [[Page 136 STAT. 1106]]

            government and private accounts, with non-Department persons or
            entities advocating for regional center applications or
            individual petitions under such section that are pending on or
            after the date of the enactment of this Act (other than routine
            communications with other agencies of the Federal Government
            regarding the case, including communications involving
            background checks and litigation defense).
                (2) Oral communication.--If substantive oral communication,
            including telephonic communication, virtual communication, or
            in-person meetings, takes place between officials of the
            Department of Homeland Security and non-Department persons or
            entities advocating for regional center applications or
            individual petitions under section 203(b)(5) of such Act that
            are pending on or after the date of the enactment of this Act
            (except communications exempted under paragraph (1))--
                        (A) the conversation shall be recorded; or
                        (B) detailed minutes of the session shall be taken
                    and included in the record of proceeding.
                (3) Notification.--
                        (A) In general.--If the Secretary, in the course of
                    written or oral communication described in this
                    subsection, receives evidence about a specific case from
                    anyone other than an affected party or his or her
                    representative (excluding Federal Government or law
                    enforcement sources), such information may not be made
                    part of the record of proceeding and may not be
                    considered in adjudicative proceedings unless--
                              (i) the affected party has been given notice
                          of such evidence; and
                              (ii) if such evidence is derogatory, the
                          affected party has been given an opportunity to
                          respond to the evidence.
                        (B) Information from law enforcement, intelligence
                    agencies, or confidential sources.--
                              (i) Law enforcement or intelligence
                          agencies.--Evidence received from law enforcement
                          or intelligence agencies may not be made part of
                          the record of proceeding without the consent of
                          the relevant agency or law enforcement entity.
                              (ii) Whistleblowers, confidential sources, or
                          intelligence agencies.--Evidence received from
                          whistleblowers, other confidential sources, or the
                          intelligence community that is included in the
                          record of proceeding and considered in
                          adjudicative proceedings shall be handled in a
                          manner that does not reveal the identity of the
                          whistleblower or confidential source, or reveal
                          classified information.

        (d) Consideration of Evidence.--
                (1) In general.--No case-specific communication with persons
            or entities that are not part of the Department of Homeland
            Security may be considered in the adjudication of an application
            or petition under section 203(b)(5) of the Immigration and
            Nationality Act (8 U.S.C. 1153(b)(5)) unless the communication
            is included in the record of proceeding of the case.
                (2) Waiver.--The Secretary of Homeland Security may waive
            the requirement under paragraph (1) only in the interests

    [[Page 136 STAT. 1107]]

            of national security or for investigative or law enforcement
            purposes.

        (e) Channels of Communication.--
                (1) Email address or equivalent.--The Director of U.S.
            Citizenship and Immigration Services shall maintain an email
            account (or equivalent means of communication) for persons or
            entities--
                        (A) with inquiries regarding specific petitions or
                    applications under the immigrant visa program described
                    in section 203(b)(5) of the Immigration and Nationality
                    Act (8 U.S.C. 1153(b)(5)); or
                        (B) seeking information that is not case-specific
                    about the immigrant visa program described in such
                    section 203(b)(5).
                (2) Communication only through appropriate channels or
            offices.--
                        (A) Announcement of appropriate channels of
                    communication. <<NOTE: Deadline.>> --Not later than 40
                    days after the date of the enactment of this Act, the
                    Director of U.S. Citizenship and Immigration Services
                    shall announce that the only channels or offices by
                    which industry stakeholders, petitioners, applicants,
                    and seekers of benefits under the immigrant visa program
                    described in section 203(b)(5) of the Immigration and
                    Nationality Act (8 U.S.C. 1153(b)(5)) may communicate
                    with the Department of Homeland Security regarding
                    specific cases under such section (except for
                    communication made by applicants and petitioners
                    pursuant to regular adjudicatory procedures), or
                    information that is not case-specific about the visa
                    program applicable to certain cases under such section,
                    are through--
                              (i) the email address or equivalent channel
                          described in paragraph (1);
                              (ii) the National Customer Service Center, or
                          any successor to such Center; or
                              (iii) the Office of Public Engagement,
                          Immigrant Investor Program Office, including the
                          Stakeholder Engagement Branch, or any successors
                          to those Offices or that Branch.
                        (B) Direction of incoming communications.--
                              (i) In general.--Employees of the Department
                          of Homeland Security shall direct communications
                          described in subparagraph (A) to the channels of
                          communication or offices listed in clauses (i)
                          through (iii) of subparagraph (A).
                              (ii) Rule of construction.--Nothing in this
                          subparagraph may be construed to prevent--
                                        (I) any person from communicating
                                    with the Ombudsman of U.S. Citizenship
                                    and Immigration Services regarding the
                                    immigrant investor program under section
                                    203(b)(5) of the Immigration and
                                    Nationality Act (8 U.S.C. 1153(b)(5));
                                    or
                                        (II) the Ombudsman from resolving
                                    problems regarding such immigrant
                                    investor program pursuant to the
                                    authority granted under section 452 of
                                    the Homeland Security Act of 2002 (6
                                    U.S.C. 272).

    [[Page 136 STAT. 1108]]

                        (C) Log.--
                              (i) In general.--The Director of U.S.
                          Citizenship and Immigration Services shall
                          maintain a written or electronic log of--
                                        (I) all communications described in
                                    subparagraph (A) and communications from
                                    Members of Congress, which shall
                                    reference the date, time, and subject of
                                    the communication, and the identity of
                                    the Department official, if any, to whom
                                    the inquiry was forwarded;
                                        (II) with respect to written
                                    communications described in subsection
                                    (c)(1), the date on which the
                                    communication was received, the
                                    identities of the sender and addressee,
                                    and the subject of the communication;
                                    and
                                        (III) with respect to oral
                                    communications described in subsection
                                    (c)(2), the date on which the
                                    communication occurred, the participants
                                    in the conversation or meeting, and the
                                    subject of the communication.
                              (ii) <<NOTE: Public information.>>
                          Transparency.--The log of communications described
                          in clause (i) shall be made publicly available in
                          accordance with section 552 of title 5, United
                          States Code (commonly known as the ``Freedom of
                          Information Act'').
                (3) <<NOTE: Web posting. Deadline.>>  Publication of
            information.--Not later than 30 days after a person or entity
            inquiring about a specific case or generally about the immigrant
            visa program described in section 203(b)(5) of the Immigration
            and Nationality Act (8 U.S.C. 1153(b)(5)) receives, as a result
            of a communication with an official of the Department of
            Homeland Security, generally applicable information that is not
            case-specific about program requirements or administration that
            has not been made publicly available by the Department, the
            Director of U.S. Citizenship and Immigration Services shall
            publish such information on the U.S. Citizenship and Immigration
            Services website as an update to the relevant Frequently Asked
            Questions page or by some other comparable mechanism.

        (f) Penalty.--
                (1) In general.--Any person who intentionally violates the
            prohibition on preferential treatment under this section or
            intentionally violates the reporting requirements under
            subsection (c) shall be disciplined in accordance with paragraph
            (2).
                (2) Sanctions. <<NOTE: Deadline.>> --Not later than 90 days
            after the date of the enactment of this Act, the Secretary of
            Homeland Security shall establish a graduated set of sanctions
            based on the severity of the violation referred to in paragraph
            (1), which may include, in addition to any criminal or civil
            penalties that may be imposed, written reprimand, suspension,
            demotion, or removal.

        (g) Rule of Construction Regarding Classified Information.--Nothing
    in this section may be construed to modify any law, regulation, or
    policy regarding the handling or disclosure of classified information.
        (h) Rule of Construction Regarding Private Right of Action.--Nothing
    in this section may be construed to create or

    [[Page 136 STAT. 1109]]

    authorize a private right of action to challenge a decision of an
    employee of the Department of Homeland Security.
        (i) Effective Date.--This section, and the amendments made by this
    section, shall take effect on the date of the enactment of this Act.
    SEC. 108. PROTECTION FROM EXPIRED LEGISLATION.

        Section 203(b)(5) of the Immigration and Nationality Act (8 U.S.C.
    1153(b)(5)), as amended by sections 102 and 103 of this division, is
    further amended by adding at the end the following:
                        ``(S) Protection from expired legislation.--
                    Notwithstanding the expiration of legislation
                    authorizing the regional center program under
                    subparagraph (E), the Secretary of Homeland Security--
                              ``(i) <<NOTE: Effective date.>>  shall
                          continue processing petitions under sections
                          204(a)(1)(H) and 216A based on an investment in a
                          new commercial enterprise associated with a
                          regional center that were filed on or before
                          September 30, 2026;
                              ``(ii) may not deny a petition described in
                          clause (i) based on the expiration of such
                          legislation; and
                              ``(iii) may not suspend or terminate the
                          allocation of visas to the beneficiaries of
                          approved petitions described in clause (i).''.

       DIVISION CC <<NOTE: Burial Equity for Guards and Reserves Act.>> --
    BURIAL EQUITY FOR GUARDS AND RESERVES ACT
    SEC. 101. <<NOTE: 38 USC 101 note.>>  SHORT TITLE.

        This division may be cited as the ``Burial Equity for Guards and
    Reserves Act''.
    SEC. 102. PROHIBITIONS ON RESTRICTING INTERMENT OF CERTAIN
                            INDIVIDUALS IN CERTAIN STATE VETERANS'
                            CEMETERIES.

        (a) Grants.--Section 2408 of title 38, United States Code, is
    amended--
                (1) in subsection (d)(2), by striking ``The Secretary may''
            and inserting ``Except as provided in subsection (i), the
            Secretary may'';
                (2) by redesignating subsection (i) as subsection (k); and
                (3) by inserting after subsection (h) the following new
            subsections:

        ``(i)(1) The Secretary may not establish a condition for a grant
    under this section that restricts the ability of a State receiving such
    a grant to inter in a veterans' cemetery owned by that State any
    individual described in paragraph (2) solely by reason of the
    ineligibility of such individual for burial in an open national cemetery
    under the control of the National Cemetery Administration under section
    2402(a) of this title.
        ``(2) An individual described in this paragraph is the following:
                ``(A) Any member of a reserve component of the Armed Forces
            who was discharged or released from service under conditions
            other than dishonorable or whose death occurs under conditions
            other than dishonorable while a member of such a reserve
            component.

    [[Page 136 STAT. 1110]]

                ``(B) Any member of the Army National Guard or the Air
            National Guard who was discharged or released from service under
            conditions other than dishonorable or whose death occurs under
            conditions other than dishonorable while a member of the Army
            National Guard or the Air National Guard.
                ``(C) Any member of the Reserve Officers' Training Corps of
            the Army, Navy, or Air Force whose death occurs under conditions
            other than dishonorable while a member of the Reserve Officers'
            Training Corps of the Army, Navy, or Air Force.
                ``(D) Any spouse of any member described in subparagraphs
            (A) through (C).
                ``(E) Any minor child or unmarried adult child (as such
            terms are defined in section 2402(a) of this title) of any
            member described in subparagraphs (A) through (C).

        ``(j) The Secretary may not deny an application for a grant under
    this section solely on the basis that the State receiving such grant may
    use funds from such grant to expand, improve, operate, or maintain a
    veterans' cemetery in which interment of individuals described in
    subsection (i)(2) is allowed.''.
        (b) <<NOTE: 38 USC 2408 note.>>  Prohibition on Enforcing Certain
    Conditions on Grants for State Veterans' Cemeteries.--The Secretary of
    Veterans Affairs may not enforce a condition on a grant described in
    subsection (i)(1) of section 2408 of title 38, United States Code, as
    added by subsection (a), that was established before the date of the
    enactment of this Act.

        (c) Plot Allowances.--Section 2303 of title 38, United States Code,
    is amended--
                (1) in subsection (b)--
                        (A) by amending paragraph (1) to read as follows:
                ``(1) <<NOTE: Payments.>>  the Secretary shall pay to the
            relevant State, agency, political subdivision, or tribal
            organization, as the case may be, the sum of $700 (as increased
            from time to time under subsection (c)) as a plot or interment
            allowance for such veteran if the veteran is buried (without
            charge for the cost of a plot or interment) in a cemetery, or a
            section of a cemetery, that--
                        ``(A) is used solely for the interment of persons
                    who are--
                              ``(i) eligible for burial in a national
                          cemetery;
                              ``(ii) members of a reserve component of the
                          Armed Forces not otherwise eligible for such
                          burial or former members of such a reserve
                          component not otherwise eligible for such burial
                          who are discharged or released from service under
                          conditions other than dishonorable; or
                              ``(iii) described in section 2408(i)(2) of
                          this title; and
                        ``(B) is--
                              ``(i) owned by a State or by an agency or
                          political subdivision of a State; or
                              ``(ii) on trust land owned by, or held in
                          trust for, a tribal organization.''; and
                        (B) in paragraph (2), by inserting ``tribal
                    organization,'' after ``of a State,''; and
                (2) by adding at the end the following new subsection:

    [[Page 136 STAT. 1111]]

        ``(e) <<NOTE: Definition.>>  In this section, the terms `tribal
    organization' and `trust land' have the meanings given those terms in
    section 3765 of this title.''.

     DIVISION DD--AUTHORIZATION OF APPROPRIATIONS FOR HIGH TECHNOLOGY PILOT
                                     PROGRAM

    SEC. 101. AUTHORIZATION OF APPROPRIATIONS FOR HIGH TECHNOLOGY
                            PILOT PROGRAM.

        Subsection (g) of section 116 of the Harry W. Colmery Veterans
    Educational Assistance Act of 2017 (Public Law 115-48; 38 U.S.C. 3001
    note), as amended by section 4302 of the Johnny Isakson and David P.
    Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020
    (Public Law 116-315), is amended to read as follows:
        ``(g) Authorization of Appropriations.--Funds shall be made
    available to carry out the pilot program under this section from funds
    appropriated to, or otherwise made available to, the Department for the
    payment of readjustment benefits, in the following amounts for a fiscal
    year in which the Secretary carries out the pilot program:
                ``(1) For fiscal year 2019, $15,000,000.
                ``(2) For fiscal year 2020, $15,000,000.
                ``(3) For fiscal year 2021, $45,000,000.
                ``(4) For fiscal year 2022, $125,000,000.
                ``(5) For fiscal year 2023, $45,000,000.
                ``(6) For fiscal year 2024, $45,000,000.''.

               DIVISION EE--EXTENSION OF VISA WAIVER PROGRAM FEES

    SEC. 101. EXTENSION OF VISA WAIVER PROGRAM FEES.

        Section 217(h)(3)(B)(iii) of the Immigration and Nationality Act (8
    U.S.C. 1187(h)(3)(B)(iii)) is amended by striking ``September 30, 2027''
    and inserting ``October 31, 2028''.

        DIVISION FF--AVAILABILITY OF TRAVEL PROMOTION FUND FOR BRAND USA

    SEC. 101. <<NOTE: Restoring Brand USA Act.>>  AVAILABILITY OF
                            TRAVEL PROMOTION FUND FOR BRAND USA.

        (a) Short Title.--This section may be cited as the ``Restoring Brand
    USA Act''.
        (b) <<NOTE: Deadline. Fees. Effective date.>>  In General.--Not
    later than 30 days after the date of the enactment of this Act, the
    Secretary of the Treasury, subject to subsections (c) and (d), and
    notwithstanding any other provision of law, shall make available, from
    unobligated balances remaining available from fees collected before
    October 1, 2020, and credited to Travel Promotion Fund established under
    subsection (d) of the

    [[Page 136 STAT. 1112]]

    Travel Promotion Act of 2009 (22 U.S.C. 2131(d)), $250,000,000 for the
    Corporation for Travel Promotion (commonly known as ``Brand USA'').

        (c) Inapplicability of Certain Requirements and Limitations.--The
    limitations in subsection (d)(2)(B) of the Travel Promotion Act of 2009
    shall not apply to amounts made available under subsection (b), and the
    requirements in subsection (d)(3) of such Act shall not apply to more
    than $50,000,000 of the amounts so available.
        (d) Use of Funds.--Brand USA may only use funds provided under
    subsection (b) to promote travel from countries whose citizens and
    nationals are permitted to enter the United States.
        (e) <<NOTE: Plan.>>  Report Required.--Not later than 60 days after
    the date of the enactment of this Act, Brand USA shall submit to
    Congress a plan for obligating and expending the amounts described in
    subsection (b).

                   DIVISION GG--COOPERATIVE PROJECT AGREEMENT

    SEC. 101. <<NOTE: President.>>  AUTHORITY TO ENTER INTO
                            COOPERATIVE PROJECT AGREEMENT.

        Notwithstanding section 27(f) of the Arms Export Control Act (22
    U.S.C. 2767(f)), the President may sign the cooperative project
    agreement notified to the Committee on Foreign Relations of the Senate
    and the Committee on Foreign Affairs of the House of Representatives in
    congressional notification 04-22 received on March 5, 2022.
    Notwithstanding section 27(g) of such Act (22 U.S.C. 2767(g)), any
    defense articles that result from a cooperative project agreement shall
    be subject to the requirements of section 36 of such Act (22 U.S.C.
    2776).

                           DIVISION HH--OTHER MATTERS

         TITLE I--CONTINUING EDUCATION AT AFFECTED FOREIGN INSTITUTIONS

    SEC. 101. COVERED PERIODS FOR AFFECTED FOREIGN INSTITUTIONS.

        Section 3510(e) of the Coronavirus Aid, Relief, and Economic
    Security Act (20 U.S.C. 1001 note) is amended--
                (1) in paragraph (1)(B)(ii), by striking ``2022'' and
            inserting ``2023''; and
                (2) in paragraph (2), by striking ``subparagraph (B)(i)''
            and inserting ``paragraph (1)(B)(i)''.

     TITLE II <<NOTE: NASA Enhanced-Use Leasing Extension Act of 2022.>> --
    NASA ENHANCED-USE LEASING EXTENSION ACT OF 2022
    SEC. 201. <<NOTE: 51 USC 10101 note.>>  SHORT TITLE.

        This title may be cited as the ``NASA Enhanced-Use Leasing Extension
    Act of 2022''.

    [[Page 136 STAT. 1113]]

    SEC. 202. <<NOTE: 51 USC 20145 note.>>  FINDINGS.

        Congress finds the following:
                (1) NASA uses enhanced-use leasing to enter into agreements
            with private sector entities, State and local governments,
            academic institutions, and other Federal agencies for lease of
            non-excess, underutilized NASA properties and facilities.
                (2) NASA uses enhanced-use leasing authority to support
            responsible management of its real property, including to
            improve the use of underutilized property for activities that
            are compatible with NASA's mission and to reduce facility
            operating and maintenance costs.
                (3) In fiscal year 2019, under its enhanced-use lease
            authority, NASA leased 65 real properties.
                (4) In fiscal year 2019, NASA's use of enhanced-use leasing
            resulted in the collection of $10,843,025.77 in net revenue.
                (5) In fiscal year 2019, NASA used a portion of its
            enhanced-use leasing revenues for repairs of facility control
            systems such as lighting and heating, ventilation, and air
            conditioning.
                (6) NASA's use of enhanced-use leasing authority can
            contribute to reducing the rate of increase of the Agency's
            overall deferred maintenance cost.
    SEC. 203. EXTENSION OF AUTHORITY TO ENTER INTO LEASES OF NON-
                            EXCESS PROPERTY OF THE NATIONAL
                            AERONAUTICS AND SPACE ADMINISTRATION.

        Section 20145(g) of title 51, United States Code, is amended by
    striking ``December 31, 2021'' and inserting ``December 31, 2022''.

                    TITLE III--CARES ACT SEMIANNUAL TESTIMONY

    SEC. 301. CONGRESSIONAL TESTIMONY.

        Section 4026(c) of division A of the CARES Act (15 U.S.C. 9060(c))
    is amended--
                (1) by striking ``quarterly'' and inserting ``semiannual'';
            and
                (2) by adding at the end the following: ``This subsection
            shall have no force or effect after December 31, 2027.''.

                TITLE IV--HIDDEN FIGURES CONGRESSIONAL GOLD MEDAL

    SEC. 401. <<NOTE: 31 USC 5111 note.>>  HIDDEN FIGURES
                            CONGRESSIONAL GOLD MEDAL.

        Section 3(c) of Hidden Figures Congressional Gold Medal Act (Public
    Law 116-68; 133 Stat. 1129) is amended by adding at the end the
    following:
                ``(3) Transfer to katherine goble moore. <<NOTE: Katherine
            Johnson.>> --The gold medal awarded in honor of Katherine
            Johnson under subsection (a)(1) shall be given to her daughter,
            Katherine Goble Moore.''.

    [[Page 136 STAT. 1114]]

     TITLE V--CONGRESSIONAL OVERSIGHT OF SENSITIVE PROGRAMS NOT COVERED BY
                             OTHER PROVISIONS OF LAW

    SEC. 501. <<NOTE: 50 USC 3348a.>>  CONGRESSIONAL OVERSIGHT OF
                            SENSITIVE PROGRAMS NOT COVERED BY OTHER
                            PROVISIONS OF LAW.

        (a) Reports Required.--
                (1) In general.--Not later than February 1 of each year, the
            head of each covered element shall submit to congressional
            leadership a report on each covered program carried out by that
            covered element.
                (2) Contents.--Each such report shall set forth--
                        (A) the total amount requested by the covered
                    element for covered programs within the budget submitted
                    under section 1105 of title 31 for the fiscal year
                    following the fiscal year in which the report is
                    submitted; and
                        (B) <<NOTE: Costs.>>  for each program in such
                    budget that is a covered program--
                              (i) a brief description of the program;
                              (ii) in the case of a procurement program, a
                          brief discussion of the major milestones
                          established for the program;
                              (iii) the actual cost of the program for each
                          fiscal year during which the program has been
                          conducted before the fiscal year during which that
                          budget is submitted; and
                              (iv) the estimated total cost of the program
                          and the estimated cost of the program for--
                                        (I) the current fiscal year;
                                        (II) the fiscal year for which the
                                    budget is submitted; and
                                        (III) <<NOTE: Time period.>>  each
                                    of the four succeeding fiscal years
                                    during which the program is expected to
                                    be conducted.

        (b) Newly Designated Programs.--
                (1) <<NOTE: Reports.>>  In general.--Not later than February
            1 of each year, the head of each covered element shall submit to
            congressional leadership a report that, with respect to each new
            covered program of that covered element, provides--
                        (A) <<NOTE: Notification.>>  notice of the
                    designation of the program as a special access program;
                    and
                        (B) justification for such designation.
                (2) Contents.--A report under paragraph (1) with respect to
            a program shall include--
                        (A) <<NOTE: Cost estimate.>>  the current estimate
                    of the total program cost for the program; and
                        (B) an identification, as applicable, of existing
                    programs or technologies that are similar to the
                    technology, or that have a mission similar to the
                    technology, or that have a mission similar to the
                    mission, of the program that is the subject of the
                    notice.
                (3) New covered program defined.--In this subsection, the
            term ``new covered program'' means a covered program that has
            not previously been covered in a notice and justification under
            this subsection.

    [[Page 136 STAT. 1115]]

        (c) Revision in Classification of Programs.--
                (1) <<NOTE: Classified information. Reports. Notice.>>  In
            general.--Whenever a change in the classification of a covered
            program of a covered element is planned to be made or whenever
            classified information concerning a covered program of a covered
            element is to be declassified and made public, the head of the
            covered element shall submit to congressional leadership a
            report containing a description of the proposed change or the
            information to be declassified, the reasons for the proposed
            change or declassification, and notice of any public
            announcement planned to be made with respect to the proposed
            change or declassification.
                (2) Period for submittal.--Except as provided in paragraph
            (3), a report referred to in paragraph (1) shall be submitted
            not less than 14 days before the date on which the proposed
            change, declassification, or public announcement is to occur.
                (3) <<NOTE: Determination.>>  Exception.--If the head of the
            covered element determines that because of exceptional
            circumstances the requirement of paragraph (2) cannot be met
            with respect to a proposed change, declassification, or public
            announcement concerning a covered program of the covered
            element, the head of the department or agency may submit the
            report required by paragraph (1) regarding the proposed change,
            declassification, or public announcement at any time before the
            proposed change, declassification, or public announcement is
            made and shall include in the report an explanation of the
            exceptional circumstances.

        (d) <<NOTE: Notification.>>  Revision of Criteria for Designating
    Programs.--Whenever there is a modification or termination of the policy
    and criteria used for designating a program of a covered element as a
    covered program, the head of the covered element shall promptly notify
    congressional leadership of such modification or termination. Any such
    notification shall contain the reasons for the modification or
    termination and, in the case of a modification, the provisions of the
    policy as modified.

        (e) Initiation of Programs.--A covered program may not be initiated
    by a covered element until--
                (1) congressional leadership is notified of the program; and
                (2) <<NOTE: Time period.>>  a period of 30 days elapses
            after such notification is received.

        (f) Limitation on Use of Funds.--No funds may be obligated or
    expended by any covered element to carry out a covered program until the
    head of the covered element has briefed congressional leadership on the
    covered program.
        (g) Definitions.--In this section:
                (1) Covered element.--The term ``covered element'' means any
            element or portion of the Federal Government that is not--
                        (A) a covered department or agency as defined in
                    section 1152(g) of the National Defense Authorization
                    Act for Fiscal Year 1994 (50 U.S.C. 3348(g));
                        (B) the Department of Defense (which is required to
                    submit reports on special access programs under section
                    119 of title 10, United States Code);

    [[Page 136 STAT. 1116]]

                        (C) the National Nuclear Security Administration
                    (which is required to submit reports on special access
                    programs under section 3236 of the National Nuclear
                    Security Administration Act (50 U.S.C. 2426); or
                        (D) an element of the intelligence community (as
                    defined in section 3 of the National Security Act of
                    1947 (50 U.S.C. 3003)).
                (2) Congressional leadership.--The term ``congressional
            leadership'' means--
                        (A) the majority leader of the Senate;
                        (B) the minority leader of the Senate;
                        (C) the Speaker of the House of Representatives; and
                        (D) the minority leader of the House of
                    Representatives.
                (3) Covered program.--The term ``covered program'' means any
            special access program or similarly protected program
            established under the authority of Executive Order 12356 (50
            U.S.C. 3161 note; relating to prescribing a uniform system for
            classifying, declassifying, and safeguarding national security
            information), or any successor Executive order, or any similar
            sensitive program established anywhere in the Federal
            Government, including one established at the direction of the
            President.

                            TITLE VI--FIREFIGHTER PAY

    SEC. 601. FIREFIGHTER PAY.

        Section 1701 of division B of the Extending Government Funding and
    Delivering Emergency Assistance Act (5 U.S.C. 5547 note) is amended--
                (1) by inserting ``or 2022'' after ``during 2021'' each
            place it appears;
                (2) in subsection (a)(1), by inserting ``and any services
            during 2022 that generate payments payable in 2023'' after
            ``payable in 2022''; and
                (3) in subsection (b), by inserting ``or 2022'' after ``in
            2021''.

        Approved March 15, 2022.

    LEGISLATIVE HISTORY--H.R. 2471 (S. 1104):
    ---------------------------------------------------------------------------

    CONGRESSIONAL RECORD:
                                                            Vol. 167 (2021):
                                        June 28, considered in House.
                                        June 29, prior proceedings vacated;
                                            considered and passed House.
                                                            Vol. 168 (2022):
                                        Jan. 13, considered and passed
                                            Senate, amended.
                                        Mar. 9, House concurred in Senate
                                            amendment with an amendment.
                                        Mar. 10, Senate concurred in House
                                            amendment.
    DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2022):
                Mar. 15, Presidential remarks.

                                       [all]