[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;
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(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
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(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).
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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--
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``(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]