[Pages H3933-H4083]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
LABOR, HEALTH AND HUMAN SERVICES, EDUCATION, AGRICULTURE, RURAL
DEVELOPMENT, ENERGY AND WATER DEVELOPMENT, FINANCIAL SERVICES AND
GENERAL GOVERNMENT, INTERIOR, ENVIRONMENT, MILITARY CONSTRUCTION,
VETERANS AFFAIRS, TRANSPORTATION, AND HOUSING AND URBAN DEVELOPMENT
APPROPRIATIONS ACT, 2022
Ms. DeLAURO. Madam Speaker, pursuant to House Resolution 555, I call
up the bill (H.R. 4502) making appropriations for the Departments of
Labor, Health and Human Services, and Education, and related agencies
for the fiscal year ending September 30, 2022, and for other purposes,
and ask for its immediate consideration in the House.
The Clerk read the title of the bill.
The SPEAKER pro tempore (Ms. Lofgren). Pursuant to House Resolution
555, an amendment in the nature of a substitute consisting of the text
of Rules Committee Print 117-12, modified by the amendment printed in
part A of House Report 117-109 is adopted and the bill, as amended, is
considered read.
The text of the bill, as amended, is as follows:
H.R. 4502
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Labor, Health and Human
Services, Education, Agriculture, Rural Development, Energy
and Water Development, Financial Services and General
Government, Interior, Environment, Military Construction,
Veterans Affairs, Transportation, and Housing and Urban
Development Appropriations Act, 2022''.
SEC. 2. REFERENCES TO ACT.
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. 3. REFERENCES TO REPORT.
(a) Departments of Labor, Health and Human Services, and
Education, and Related Agencies Appropriations Act, 2022.--
Any reference to a ``report accompanying this Act'' contained
in division A of this Act shall be treated as a reference to
House Report 117-96. The effect of such Report shall be
limited to division A and shall apply for purposes of
determining the allocation of funds provided by, and the
implementation of, division A.
(b) Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies Appropriations Act,
2022.--Any reference to a ``report accompanying this Act''
contained in division B of this Act shall be treated as a
reference to House Report 117-82. The effect of such Report
shall be limited to division B and shall apply for purposes
of determining the allocation of funds provided by, and the
implementation of, division B.
(c) Energy and Water Development and Related Agencies
Appropriations Act, 2022.--Any reference to a ``report
accompanying this Act'' contained in division C of this Act
shall be treated as a reference to House Report 117-98. The
effect of such Report shall be limited to division C and
shall apply for purposes of determining the allocation of
funds provided by, and the implementation of, division C.
(d) Financial Services and General Government
Appropriations Act, 2022.--Any reference to a ``report
accompanying this Act'' contained in division D of this Act
shall be treated as a reference to House Report 117-79. The
effect of such Report shall be limited to division D and
shall apply for purposes of determining the allocation of
funds provided by, and the implementation of, division D.
(e) Department of the Interior, Environment, and Related
Agencies Appropriations Act, 2022.--Any reference to a
``report accompanying this Act'' contained in division E of
this Act shall be treated as a reference to House Report 117-
83. The effect of such Report shall be limited to division E
and shall apply for purposes of determining the allocation of
funds provided by, and the implementation of, division E.
(f) Military Construction, Veterans Affairs, and Related
Agencies Appropriations Act, 2022.--Any reference to a
``report accompanying this Act'' contained in division F of
this Act shall be treated as a reference to House Report 117-
81. The effect of such Report shall be limited to division F
and shall apply for purposes of determining the allocation of
funds provided by, and the implementation of, division F.
(g) Transportation, Housing and Urban Development, and
Related Agencies Appropriations Act, 2022.--Any reference to
a ``report accompanying this Act'' contained in division G of
this Act shall be treated as a reference to House Report 117-
99. The effect of such Report shall be limited to division G
and shall apply for purposes of determining the allocation of
funds provided by, and the implementation of, division G.
SEC. 4. 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.
DIVISION A--DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND
EDUCATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2022
TITLE I
DEPARTMENT OF LABOR
Employment and Training Administration
training and employment services
For necessary expenses of the Workforce Innovation and
Opportunity Act (referred to in this Act as ``WIOA'') and the
National Apprenticeship Act, $4,407,108,000, 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, $3,095,332,000 as
follows:
(A) $923,174,000 for adult employment and training
activities, of which $211,174,000 shall be available for the
period July 1, 2022 through June 30, 2023, and of which
$712,000,000 shall be available for the period October 1,
2022 through June 30, 2023;
(B) $988,604,000 for youth activities, which shall be
available for the period April 1, 2022 through June 30, 2023;
and
(C) $1,183,554,000 for dislocated worker employment and
training activities, of which $323,554,000 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, $1,311,776,000 as follows:
(A) $435,859,000 for the dislocated workers assistance
national reserve, of which $235,859,000 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 made available in this subparagraph shall be available
for the pilot program authorized under section 8041 of the
SUPPORT for Patients and Communities Act (Public Law 115-
271): Provided further, That funds provided to carry out
section 132(a)(2)(A) of the WIOA may be used to provide
assistance to a State for statewide or local use in order to
address cases where there have been worker dislocations
across multiple sectors or across multiple local areas and
such workers remain dislocated; coordinate the State
workforce development plan with emerging economic development
needs; and train such eligible dislocated workers: Provided
further, That funds provided to carry out sections 168(b) and
169(c) of the WIOA may be used for technical assistance and
demonstration projects, respectively, that provide assistance
to new entrants in the workforce and incumbent workers:
Provided further, That notwithstanding section 168(b) of the
WIOA, of the funds provided under this subparagraph, the
Secretary of Labor (referred to in this title as
``Secretary'') may reserve not more than 10 percent of such
funds to provide technical assistance and carry out
additional activities related to the transition to the WIOA:
Provided further, That of the funds provided under this
subparagraph, $200,000,000 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) $100,000,000 shall be for the purpose of developing,
offering, or improving educational or career training
programs at community colleges, defined as public
institutions of higher education, as described in section
101(a) of the Higher Education Act of 1965 and at which the
associate's degree is primarily the highest degree awarded,
with other eligible institutions of higher education, as
defined in section 101(a) of the Higher Education Act of
1965, eligible to participate through consortia, with
community colleges as the lead grantee: Provided, That the
Secretary shall follow the requirements for the program in
House Report 116-62 and in the report accompanying this Act:
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;
(ii) $100,000,000 shall be for training and employment
assistance for workers in communities that have experienced
job losses due to dislocations in industries related to
fossil fuel extraction or energy production;
(B) $58,000,000 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) $96,711,000 for migrant and seasonal farmworker
programs under section 167 of the WIOA, including $89,693,000
for formula grants (of which not less than 70 percent shall
be for employment and training services), $6,444,000 for
migrant and seasonal housing (of which not less than 70
percent shall be for permanent housing), and $574,000 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;
[[Page H3934]]
(D) $145,000,000 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) $150,000,000 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) $7,250,000 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; and
(G) $285,000,000 to expand opportunities through
apprenticeships only registered under the National
Apprenticeship Act and as referred to in section 3(7)(B) of
the WIOA, to be available to the Secretary to carry out
activities through grants, cooperative agreements, contracts
and other arrangements, with States and other appropriate
entities, including equity intermediaries and business and
labor industry partner intermediaries, which shall be
available for the period July 1, 2022 through June 30, 2023.
(H) $50,000,000 for a National Youth Employment Program,
under the authority of section 169 of the WIOA, including the
expansion of summer and year-round job opportunities for
disadvantaged youth, which shall be available for the period
April 1, 2022 through June 30, 2023;
(I) $20,000,000 for a national training program for
veterans, members of the armed forces who are separating from
active duty, and the spouses of veterans and such members,
focused on training related to employment in clean energy
sectors and occupations, under the authority of section 169
of the WIOA, which shall be available for the period July 1,
2022 through June 30, 2023; and
(J) $63,956,000 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 under the heading ``Training and Employment
Services'' in the report accompanying this 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, $1,830,073,000, plus reimbursements, as follows:
(1) $1,653,325,000 for Job Corps Operations, which shall be
available for the period July 1, 2022 through June 30, 2023;
(2) $138,000,000 for construction, rehabilitation and
acquisition of Job Corps Centers, which shall be available
for the period July 1, 2022 through June 30, 2025, and which
may include the acquisition, maintenance, and repair of major
items of equipment: Provided, That the Secretary may transfer
up to 15 percent of such funds to meet the operational needs
of such centers or to achieve administrative efficiencies:
Provided further, That any funds transferred pursuant to the
preceding provision shall not be available for obligation
after June 30, 2023: 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) $38,748,000 for necessary expenses of Job Corps, which
shall be available for obligation for the period October 1,
2021 through September 30, 2022:
Provided, That no funds from any other appropriation shall
be used to provide meal services at or for Job Corps centers.
community service employment for older americans
To carry out title V of the Older Americans Act of 1965
(referred to in this Act as ``OAA''), $450,000,000, 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), $551,000,000 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
For authorized administrative expenses, $89,066,000,
together with not to exceed $4,087,164,000 which may be
expended from the Employment Security Administration Account
in the Unemployment Trust Fund (``the Trust Fund''), of
which--
(1) $3,125,214,000 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 $133,000,000 is
additional new budget authority specified for purposes of
section 314(g) of the Congressional Budget Act of 1974; and
$9,000,000 for continued support of the Unemployment
Insurance Integrity Center of Excellence), the administration
of unemployment insurance for Federal employees and for ex-
service members as authorized under 5 U.S.C. 8501-8523, and
the administration of trade readjustment allowances,
reemployment trade adjustment assistance, and alternative
trade adjustment assistance under the Trade Act of 1974 and
under section 231(a) of the Trade Adjustment Assistance
Extension Act of 2011, sections 405(a) and 406 of the Trade
Preferences Extension Act of 2015, and section 285(a)(2) of
the Trade Act of 1974 (as amended by section 406(a)(7) of the
Trade Preferences Extension Act of 2015), and shall be
available for obligation by the States through December 31,
2022, except that funds used for automation shall be
available for Federal obligation through December 31, 2022,
and for State obligation through September 30, 2024, or, if
the automation is being carried out through consortia of
States, for State obligation through September 30, 2028, and
for expenditure through September 30, 2029, and funds for
competitive grants awarded to States for improved operations
and to conduct in-person reemployment and eligibility
assessments and unemployment insurance improper payment
reviews and provide reemployment services and referrals to
training, as appropriate, shall be available for Federal
obligation through December 31, 2022, 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) $118,108,000 from the Trust Fund is for national
activities necessary to support the administration of the
Federal-State unemployment insurance system;
(3) $727,449,000 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) $22,318,000 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) $94,075,000 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 $67,793,000 shall be available for the
Federal administration of such activities, and $26,282,000
shall be available for grants to States for the
administration of such activities; and
(6) $67,653,000 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 shall be
used to carry out research and demonstration projects related
to testing effective ways to promote greater labor force
participation of people with disabilities: Provided, That the
Secretary may transfer amounts made available for research
and demonstration projects under this paragraph to the
``Office of Disability Employment Policy'' account for such
purposes:
Provided, That to the extent that the Average Weekly Insured
Unemployment (``AWIU'') for fiscal year 2022 is projected by
the Department of Labor to exceed 2,008,000, 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
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the Robert T. Stafford Disaster Relief and Emergency
Assistance Act: Provided further, That the Secretary may use
funds appropriated for grants to States under title III of
the Social Security Act to make payments on behalf of States
for the use of the National Directory of New Hires under
section 453(j)(8) of such Act: Provided further, That the
Secretary may use funds appropriated for grants to States
under title III of the Social Security Act to make payments
on behalf of States to the entity operating the State
Information Data Exchange System: Provided further, That
funds appropriated in this Act which are used to establish a
national one-stop career center system, or which are used to
support the national activities of the Federal-State
unemployment insurance, employment service, or immigration
programs, may be obligated in contracts, grants, or
agreements with States and non-State entities: Provided
further, That States awarded competitive grants for improved
operations under title III of the Social Security Act, or
awarded grants to support the national activities of the
Federal-State unemployment insurance system, may award
subgrants to other States and non-State entities under such
grants, subject to the conditions applicable to the grants:
Provided further, That funds appropriated under this Act for
activities authorized under title III of the Social Security
Act and the Wagner-Peyser Act may be used by States to fund
integrated Unemployment Insurance and Employment Service
automation efforts, notwithstanding cost allocation
principles prescribed under the final rule entitled ``Uniform
Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards'' at part 200 of title 2,
Code of Federal Regulations: Provided further, That the
Secretary, at the request of a State participating in a
consortium with other States, may reallot funds allotted to
such State under title III of the Social Security Act to
other States participating in the consortium or to the entity
operating the Unemployment Insurance Information Technology
Support Center in order to carry out activities that benefit
the administration of the unemployment compensation law of
the State making the request: Provided further, That the
Secretary may collect fees for the costs associated with
additional data collection, analyses, and reporting services
relating to the National Agricultural Workers Survey
requested by State and local governments, public and private
institutions of higher education, and nonprofit organizations
and may utilize such sums, in accordance with the provisions
of 29 U.S.C. 9a, for the National Agricultural Workers Survey
infrastructure, methodology, and data to meet the information
collection and reporting needs of such entities, which shall
be credited to this appropriation and shall remain available
until September 30, 2023, for such purposes.
advances to the unemployment trust fund and other funds
For repayable advances to the Unemployment Trust Fund as
authorized by sections 905(d) and 1203 of the Social Security
Act, and to the Black Lung Disability Trust Fund as
authorized by section 9501(c)(1) of the Internal Revenue Code
of 1986; and for nonrepayable advances to the revolving fund
established by section 901(e) of the Social Security Act, to
the Unemployment Trust Fund as authorized by 5 U.S.C. 8509,
and to the ``Federal Unemployment Benefits and Allowances''
account, such sums as may be necessary, which shall be
available for obligation through September 30, 2023.
program administration
For expenses of administering employment and training
programs, $144,497,000, together with not to exceed
$67,006,000 which may be expended from the Employment
Security Administration Account in the Unemployment Trust
Fund: Provided, That funds made available for the Office of
Apprenticeship shall be used only for the administration of
apprenticeship programs registered under the National
Apprenticeship Act and as referred to in section 3(7)(B) of
the WIOA and to provide for the full and adequate staffing of
the Federal Office of Apprenticeship and each of the State
Offices of Apprenticeship.
Employee Benefits Security Administration
salaries and expenses
For necessary expenses for the Employee Benefits Security
Administration, $218,475,000, of which up to $3,000,000 shall
be made available through September 30, 2023, for the
procurement of expert witnesses for enforcement litigation.
Pension Benefit Guaranty Corporation
pension benefit guaranty corporation fund
The Pension Benefit Guaranty Corporation (``Corporation'')
is authorized to make such expenditures, including financial
assistance authorized by subtitle E of title IV of the
Employee Retirement Income Security Act of 1974, within
limits of funds and borrowing authority available to the
Corporation, and in accord with law, and to make such
contracts and commitments without regard to fiscal year
limitations, as provided by 31 U.S.C. 9104, as may be
necessary in carrying out the program, including associated
administrative expenses, through September 30, 2022, for the
Corporation: Provided, That none of the funds available to
the Corporation for fiscal year 2022 shall be available for
obligations for administrative expenses in excess of
$472,955,000: Provided further, That to the extent that the
number of new plan participants in plans terminated by the
Corporation exceeds 100,000 in fiscal year 2022, an amount
not to exceed an additional $9,200,000 shall be available
through September 30, 2026, for obligations for
administrative expenses for every 20,000 additional
terminated participants: Provided further, That obligations
in excess of the amounts provided for administrative expenses
in this paragraph may be incurred and shall be available
through September 30, 2026 for obligation for unforeseen and
extraordinary pre-termination or termination expenses or
extraordinary multiemployer program related expenses after
approval by the Office of Management and Budget and
notification of the Committees on Appropriations of the House
of Representatives and the Senate: Provided further, That an
additional amount shall be available for obligation through
September 30, 2026 to the extent the Corporation's costs
exceed $250,000 for the provision of credit or identity
monitoring to affected individuals upon suffering a security
incident or privacy breach, not to exceed an additional $100
per affected individual.
Wage and Hour Division
salaries and expenses
For necessary expenses for the Wage and Hour Division,
including reimbursement to State, Federal, and local agencies
and their employees for inspection services rendered,
$300,000,000: Provided, That the Secretary of Labor shall use
funds made available under this heading to establish a
national hotline to support domestic workers.
Office of Labor-Management Standards
salaries and expenses
For necessary expenses for the Office of Labor-Management
Standards, $44,437,000.
Office of Federal Contract Compliance Programs
salaries and expenses
For necessary expenses for the Office of Federal Contract
Compliance Programs, $140,732,000.
Office of Workers' Compensation Programs
salaries and expenses
For necessary expenses for the Office of Workers'
Compensation Programs, $138,604,000, together with $2,205,000
which may be expended from the Special Fund in accordance
with sections 39(c), 44(d), and 44(j) of the Longshore and
Harbor Workers' Compensation Act.
special benefits
(including transfer of funds)
For the payment of compensation, benefits, and expenses
(except administrative expenses not otherwise authorized)
accruing during the current or any prior fiscal year
authorized by 5 U.S.C. 81; continuation of benefits as
provided for under the heading ``Civilian War Benefits'' in
the Federal Security Agency Appropriation Act, 1947; the
Employees' Compensation Commission Appropriation Act, 1944;
section 5(f) of the War Claims Act (50 U.S.C. App. 2012);
obligations incurred under the War Hazards Compensation Act
(42 U.S.C. 1701 et seq.); and 50 percent of the additional
compensation and benefits required by section 10(h) of the
Longshore and Harbor Workers' Compensation Act, $244,000,000,
together with such amounts as may be necessary to be charged
to the subsequent year appropriation for the payment of
compensation and other benefits for any period subsequent to
August 15 of the current year, for deposit into and to assume
the attributes of the Employees' Compensation Fund
established under 5 U.S.C. 8147(a): Provided, That amounts
appropriated may be used under 5 U.S.C. 8104 by the Secretary
to reimburse an employer, who is not the employer at the time
of injury, for portions of the salary of a re-employed,
disabled beneficiary: Provided further, That balances of
reimbursements unobligated on September 30, 2021, shall
remain available until expended for the payment of
compensation, benefits, and expenses: Provided further, That
in addition there shall be transferred to this appropriation
from the Postal Service and from any other corporation or
instrumentality required under 5 U.S.C. 8147(c) to pay an
amount for its fair share of the cost of administration, such
sums as the Secretary determines to be the cost of
administration for employees of such fair share entities
through September 30, 2022: Provided further, That of those
funds transferred to this account from the fair share
entities to pay the cost of administration of the Federal
Employees' Compensation Act, $80,920,000 shall be made
available to the Secretary as follows:
(1) For enhancement and maintenance of automated data
processing systems operations and telecommunications systems,
$27,445,000;
(2) For automated workload processing operations, including
document imaging, centralized mail intake, and medical bill
processing, $25,859,000;
(3) For periodic roll disability management and medical
review, $25,860,000;
(4) For program integrity, $1,756,000; and
(5) The remaining funds shall be paid into the Treasury as
miscellaneous receipts:
Provided further, That the Secretary may require that any
person filing a notice of injury or a claim for benefits
under 5 U.S.C. 81, or the Longshore and Harbor Workers'
Compensation Act, provide as part of such notice and claim,
such identifying information (including Social Security
account number) as such regulations may prescribe.
special benefits for disabled coal miners
For carrying out title IV of the Federal Mine Safety and
Health Act of 1977, as amended by Public Law 107-275,
$32,970,000, to remain available until expended.
For making after July 31 of the current fiscal year,
benefit payments to individuals under title IV of such Act,
for costs incurred in the current fiscal year, such amounts
as may be necessary.
For making benefit payments under title IV for the first
quarter of fiscal year 2023, $11,000,000, to remain available
until expended.
[[Page H3936]]
administrative expenses, energy employees occupational illness
compensation fund
For necessary expenses to administer the Energy Employees
Occupational Illness Compensation Program Act, $63,428,000,
to remain available until expended: Provided, That the
Secretary may require that any person filing a claim for
benefits under the Act provide as part of such claim such
identifying information (including Social Security account
number) as may be prescribed.
black lung disability trust fund
(including transfer of funds)
Such sums as may be necessary from the Black Lung
Disability Trust Fund (the ``Fund''), to remain available
until expended, for payment of all benefits authorized by
section 9501(d)(1), (2), (6), and (7) of the Internal Revenue
Code of 1986; and repayment of, and payment of interest on
advances, as authorized by section 9501(d)(4) of that Act. In
addition, the following amounts may be expended from the Fund
for fiscal year 2022 for expenses of operation and
administration of the Black Lung Benefits program, as
authorized by section 9501(d)(5): not to exceed $41,464,000
for transfer to the Office of Workers' Compensation Programs,
``Salaries and Expenses''; not to exceed $37,598,000 for
transfer to Departmental Management, ``Salaries and
Expenses''; not to exceed $342,000 for transfer to
Departmental Management, ``Office of Inspector General''; and
not to exceed $356,000 for payments into miscellaneous
receipts for the expenses of the Department of the Treasury.
Occupational Safety and Health Administration
salaries and expenses
For necessary expenses for the Occupational Safety and
Health Administration, $691,787,000, including not to exceed
$118,737,000 which shall be the maximum amount available for
grants to States under section 23(g) of the Occupational
Safety and Health Act (the ``Act''), which grants shall be no
less than 50 percent of the costs of State occupational
safety and health programs required to be incurred under
plans approved by the Secretary under section 18 of the Act;
and, in addition, notwithstanding 31 U.S.C. 3302, the
Occupational Safety and Health Administration may retain up
to $499,000 per fiscal year of training institute course
tuition and fees, otherwise authorized by law to be
collected, and may utilize such sums for occupational safety
and health training and education: Provided, That
notwithstanding 31 U.S.C. 3302, the Secretary is authorized,
during the fiscal year ending September 30, 2022, to collect
and retain fees for services provided to Nationally
Recognized Testing Laboratories, and may utilize such sums,
in accordance with the provisions of 29 U.S.C. 9a, to
administer national and international laboratory recognition
programs that ensure the safety of equipment and products
used by workers in the workplace: Provided further, That
$14,787,000 shall be available for Susan Harwood training
grants, of which not less than $4,500,000 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.
Mine Safety and Health Administration
salaries and expenses
For necessary expenses for the Mine Safety and Health
Administration, $404,816,000, including purchase and bestowal
of certificates and trophies in connection with mine rescue
and first-aid work, and the hire of passenger motor vehicles,
including up to $2,000,000 for mine rescue and recovery
activities and not less than $10,537,000 for State assistance
grants: Provided, That notwithstanding 31 U.S.C. 3302, not to
exceed $750,000 may be collected by the National Mine Health
and Safety Academy for room, board, tuition, and the sale of
training materials, otherwise authorized by law to be
collected, to be available for mine safety and health
education and training activities: Provided further, That
notwithstanding 31 U.S.C. 3302, the Mine Safety and Health
Administration is authorized to collect and retain up to
$2,499,000 from fees collected for the approval and
certification of equipment, materials, and explosives for use
in mines, and may utilize such sums for such activities:
Provided further, That the Secretary is authorized to accept
lands, buildings, equipment, and other contributions from
public and private sources and to prosecute projects in
cooperation with other agencies, Federal, State, or private:
Provided further, That the Mine Safety and Health
Administration is authorized to promote health and safety
education and training in the mining community through
cooperative programs with States, industry, and safety
associations: Provided further, That the Secretary is
authorized to recognize the Joseph A. Holmes Safety
Association as a principal safety association and,
notwithstanding any other provision of law, may provide funds
and, with or without reimbursement, personnel, including
service of Mine Safety and Health Administration officials as
officers in local chapters or in the national organization:
Provided further, That any funds available to the Department
of Labor may be used, with the approval of the Secretary, to
provide for the costs of mine rescue and survival operations
in the event of a major disaster.
Bureau of Labor Statistics
salaries and expenses
For necessary expenses for the Bureau of Labor Statistics,
including advances or reimbursements to State, Federal, and
local agencies and their employees for services rendered,
$632,653,000, 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
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, $42,711,000.
Departmental Management
salaries and expenses
(including transfer of funds)
For necessary expenses for Departmental Management,
including the hire of three passenger motor vehicles,
$456,911,000, together with not to exceed $308,000, which may
be expended from the Employment Security Administration
account in the Unemployment Trust Fund: Provided, That
$97,947,000 for the Bureau of International Labor Affairs
shall be available for obligation through December 31, 2022:
Provided further, That funds available to the Bureau of
International Labor Affairs may be used to administer or
operate international labor activities, bilateral and
multilateral technical assistance, and microfinance programs,
by or through contracts, grants, subgrants and other
arrangements: Provided further, That not more than
$57,772,000 shall be for programs to combat exploitative
child labor internationally and not less than $40,175,000
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 $10,040,000 shall
be used for program evaluation and shall be available for
obligation through September 30, 2023: Provided further, That
funds available for program evaluation may be used to
administer grants for the purpose of evaluation: Provided
further, That grants made for the purpose of evaluation shall
be awarded through fair and open competition: Provided
further, That funds available for program evaluation may be
transferred to any other appropriate account in the
Department for such purpose: Provided further, That the
Committees on Appropriations of the House of Representatives
and the Senate are notified at least 15 days in advance of
any transfer: Provided further, That the funds available to
the Women's Bureau may be used for grants to serve and
promote the interests of women in the workforce: Provided
further, That of the amounts made available to the Women's
Bureau, not less than $6,794,000 shall be used for grants
authorized by the Women in Apprenticeship and Nontraditional
Occupations Act.
veterans' employment and training
Not to exceed $267,331,000 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) $180,000,000 is for Jobs for Veterans State grants
under 38 U.S.C. 4102A(b)(5) to support disabled veterans'
outreach program specialists under section 4103A of such
title and local veterans' employment representatives under
section 4104(b) of such title, and for the expenses described
in section 4102A(b)(5)(C), which shall be available for
expenditure by the States through September 30, 2024, and not
to exceed 3 percent for the necessary Federal expenditures
for data systems and contract support to allow for the
tracking of participant and performance information:
Provided, That, in addition, such funds may be used to
support such specialists and representatives in the provision
of services to transitioning members of the Armed Forces who
have participated in the Transition Assistance Program and
have been identified as in need of intensive services, to
members of the Armed Forces who are wounded, ill, or injured
and receiving treatment in military treatment facilities or
warrior transition units, and to the spouses or other family
caregivers of such wounded, ill, or injured members;
(2) $31,379,000 is for carrying out the Transition
Assistance Program under 38 U.S.C. 4113 and 10 U.S.C. 1144;
(3) $52,538,000 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,
$67,500,000 is for carrying out programs to assist homeless
veterans and veterans at risk of homelessness who are
transitioning from certain institutions under sections 2021,
2021A, and 2023 of title 38, United States Code: Provided,
That notwithstanding subsections (c)(3) and (d) of section
2023, the Secretary may award grants through September 30,
2022, to provide services under such section: Provided
further, That services provided under sections 2021 or under
2021A may include, in addition to services to homeless
veterans described in section 2002(a)(1), services to
veterans who were homeless at some point within the 60 days
prior to program entry or veterans who are at risk of
homelessness within the next 60 days, and that services
provided under section 2023 may include, in addition to
services to the individuals
[[Page H3937]]
described in subsection (e) of such section, services to
veterans recently released from incarceration who are at risk
of homelessness: Provided further, That notwithstanding
paragraph (3) under this heading, funds appropriated in this
paragraph may be used for data systems and contract support
to allow for the tracking of participant and performance
information: Provided further, That notwithstanding sections
2021(e)(2) and 2021A(f)(2) of title 38, United States Code,
such funds shall be available for expenditure pursuant to 31
U.S.C. 1553.
In addition, fees may be assessed and deposited in the HIRE
Vets Medallion Award Fund pursuant to section 5(b) of the
HIRE Vets Act, and such amounts shall be available to the
Secretary to carry out the HIRE Vets Medallion Award Program,
as authorized by such Act, and shall remain available until
expended: Provided, That such sums shall be in addition to
any other funds available for such purposes, including funds
available under paragraph (3) of this heading: Provided
further, That section 2(d) of division O of the Consolidated
Appropriations Act, 2017 (Public Law 115-31; 38 U.S.C. 4100
note) shall not apply.
it modernization
For necessary expenses for Department of Labor centralized
infrastructure technology investment activities related to
support systems and modernization, $37,269,000, which shall
be available through September 30, 2023.
office of inspector general
For salaries and expenses of the Office of Inspector
General in carrying out the provisions of the Inspector
General Act of 1978, $89,738,000, together with not to exceed
$5,660,000 which may be expended from the Employment Security
Administration account in the Unemployment Trust Fund.
General Provisions
Sec. 101. None of the funds appropriated by this Act for
the Job Corps shall be used to pay the salary and bonuses of
an individual, either as direct costs or any proration as an
indirect cost, at a rate in excess of Executive Level II.
(transfer of funds)
Sec. 102. Not to exceed 1 percent of any discretionary
funds (pursuant to the Balanced Budget and Emergency Deficit
Control Act of 1985) which are appropriated for the current
fiscal year for the Department of Labor in this Act may be
transferred between a program, project, or activity, but no
such program, project, or activity shall be increased by more
than 3 percent by any such transfer: Provided, That the
transfer authority granted by this section shall not be used
to create any new program or to fund any project or activity
for which no funds are provided in this Act: Provided
further, That the Committees on Appropriations of the House
of Representatives and the Senate are notified at least 15
days in advance of any transfer.
Sec. 103. In accordance with Executive Order 13126, none
of the funds appropriated or otherwise made available
pursuant to this Act shall be obligated or expended for the
procurement of goods mined, produced, manufactured, or
harvested or services rendered, in whole or in part, by
forced or indentured child labor in industries and host
countries already identified by the United States Department
of Labor prior to enactment of this Act.
Sec. 104. Except as otherwise provided in this section,
none of the funds made available to the Department of Labor
for grants under section 414(c) of the American
Competitiveness and Workforce Improvement Act of 1998 (29
U.S.C. 2916a) may be used for any purpose other than
competitive grants for training individuals who are older
than 16 years of age and are not currently enrolled in school
within a local educational agency in the occupations and
industries for which employers are using H-1B visas to hire
foreign workers, and the related activities necessary to
support such training.
Sec. 105. None of the funds made available by this Act
under the heading ``Employment and Training Administration''
shall be used by a recipient or subrecipient of such funds to
pay the salary and bonuses of an individual, either as direct
costs or indirect costs, at a rate in excess of Executive
Level II. This limitation shall not apply to vendors
providing goods and services as defined in Office of
Management and Budget Circular A-133. Where States are
recipients of such funds, States may establish a lower limit
for salaries and bonuses of those receiving salaries and
bonuses from subrecipients of such funds, taking into account
factors including the relative cost-of-living in the State,
the compensation levels for comparable State or local
government employees, and the size of the organizations that
administer Federal programs involved including Employment and
Training Administration programs.
(transfer of funds)
Sec. 106. (a) Notwithstanding section 102, the Secretary
may transfer funds made available to the Employment and
Training Administration by this Act, either directly or
through a set-aside, for technical assistance services to
grantees to ``Program Administration'' when it is determined
that those services will be more efficiently performed by
Federal employees: Provided, That this section shall not
apply to section 171 of the WIOA.
(b) Notwithstanding section 102, the Secretary may transfer
not more than 0.5 percent of each discretionary appropriation
made available to the Employment and Training Administration
by this Act to ``Program Administration'' in order to carry
out program integrity activities relating to any of the
programs or activities that are funded under any such
discretionary appropriations: Provided, That notwithstanding
section 102 and the preceding proviso, the Secretary may
transfer not more than 0.5 percent of funds made available in
paragraphs (1) and (2) of the ``Office of Job Corps'' account
to paragraph (3) of such account to carry out program
integrity activities related to the Job Corps program:
Provided further, That funds transferred under the authority
provided by this subsection shall be available for obligation
through September 30, 2023.
(transfer of funds)
Sec. 107. (a) The Secretary may reserve not more than 0.75
percent from each appropriation made available in this Act
identified in subsection (b) in order to carry out
evaluations of any of the programs or activities that are
funded under such accounts. Any funds reserved under this
section shall be transferred to ``Departmental Management''
for use by the Office of the Chief Evaluation Officer within
the Department of Labor, and shall be available for
obligation through September 30, 2023: Provided, That such
funds shall only be available if the Chief Evaluation Officer
of the Department of Labor submits a plan to the Committees
on Appropriations of the House of Representatives and the
Senate describing the evaluations to be carried out 15 days
in advance of any transfer.
(b) The accounts referred to in subsection (a) are:
``Training and Employment Services'', ``Job Corps'',
``Community Service Employment for Older Americans'', ``State
Unemployment Insurance and Employment Service Operations'',
``Employee Benefits Security Administration'', ``Office of
Workers' Compensation Programs'', ``Wage and Hour Division'',
``Office of Federal Contract Compliance Programs'', ``Office
of Labor Management Standards'', ``Occupational Safety and
Health Administration'', ``Mine Safety and Health
Administration'', ``Office of Disability Employment Policy'',
funding made available to the ``Bureau of International Labor
Affairs'' and ``Women's Bureau'' within the ``Departmental
Management, Salaries and Expenses'' account, and ``Veterans'
Employment and Training''.
Sec. 108. Notwithstanding any other provision of law, the
Secretary may furnish through grants, cooperative agreements,
contracts, and other arrangements, up to $2,000,000 of excess
personal property, at a value determined by the Secretary, to
apprenticeship programs for the purpose of training
apprentices in those programs.
Sec. 109. (a) The Act entitled ``An Act to create a
Department of Labor'', approved March 4, 1913 (37 Stat. 736,
chapter 141) shall be applied as if the following text is
part of such Act:
``SEC. 12. SECURITY DETAIL.
``(a) In General.--The Secretary of Labor is authorized to
employ law enforcement officers or special agents to--
``(1) provide protection for the Secretary of Labor during
the workday of the Secretary and during any activity that is
preliminary or postliminary to the performance of official
duties by the Secretary;
``(2) provide protection, incidental to the protection
provided to the Secretary, to a member of the immediate
family of the Secretary who is participating in an activity
or event relating to the official duties of the Secretary;
``(3) provide continuous protection to the Secretary
(including during periods not described in paragraph (1)) and
to the members of the immediate family of the Secretary if
there is a significant and articulable threat of physical
harm, in accordance with guidelines established by the
Secretary; and
``(4) provide protection to the Deputy Secretary of Labor
in the performance of official duties at a public event
outside of the United States if there is a significant and
articulable threat of physical harm and protective services
are not provided as part of an official U.S. visit.
``(b) Authorities.--The Secretary of Labor may authorize a
law enforcement officer or special agent employed under
subsection (a), for the purpose of performing the duties
authorized under subsection (a), to--
``(1) carry firearms;
``(2) make arrests without a warrant for any offense
against the United States committed in the presence of such
officer or special agent;
``(3) perform protective intelligence work, including
identifying and mitigating potential threats and conducting
advance work to review security matters relating to sites and
events;
``(4) coordinate with local law enforcement agencies; and
``(5) initiate criminal and other investigations into
potential threats to the security of the Secretary, in
coordination with the Inspector General of the Department of
Labor.
``(c) Compliance With Guidelines.--A law enforcement
officer or special agent employed under subsection (a) shall
exercise any authority provided under this section in
accordance with any--
``(1) guidelines issued by the Attorney General; and
``(2) guidelines prescribed by the Secretary of Labor.''.
(b) This section shall be effective on the date of
enactment of this Act.
Sec. 110. The Secretary is authorized to dispose of or
divest, by any means the Secretary determines appropriate,
including an agreement or partnership to construct a new Job
Corps center, all or a portion of the real property on which
the Treasure Island Job Corps Center is situated. Any sale or
other disposition will not be subject to any requirement of
any Federal law or regulation relating to the disposition of
Federal real property, including but not limited to
subchapter III of chapter 5 of title 40 of the United States
Code and subchapter V of chapter 119 of title 42 of the
United States Code. The net proceeds of such a sale shall be
transferred to the Secretary, which shall be available until
expended to carry out the Job Corps Program on Treasure
Island.
Sec. 111. None of the funds made available by this Act may
be used to--
[[Page H3938]]
(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. 112. Notwithstanding any other provision of law, not
to exceed $36,000,000 of the unobligated balances available
to the Secretary of Labor in fiscal year 2022 (other than the
amounts specified in subparagraph (2)(J) under the heading
``Employment and Training--Training and Employment
Services'') may be transferred to the Department's Working
Capital Fund for the acquisition of capital equipment, the
improvement and implementation of Department financial
management, information technology, infrastructure technology
investment activities related to support systems and
modernization, and other support systems necessary for the
delivery of financial, administrative, and information
technology services of primary benefit to the agencies and
programs of the Department of Labor: Provided, That any funds
so transferred shall remain available for obligation for five
fiscal years after the fiscal year of such transfer: Provided
further, That no funds may be transferred pursuant to this
section unless the Chief Information Officer of the
Department of Labor submits a plan to the Committees on
Appropriations of the House of Representatives and the Senate
describing the amounts to be transferred by account; the
planned use of funds, including descriptions of projects;
project status, including any scheduled delays and cost
overruns; financial expenditures; planned activities; and
expected benefits: Provided further, That the transfer
authority provided in this section shall be in addition to
any other transfer authority provided by law.
Sec. 113. (a) Section 118(a) of division BB of the
Consolidated Appropriations Act, 2021 (Public Law 116-260) is
amended by--
(1) inserting ``and in addition to amounts otherwise
available for such purposes,'' before ``there are
appropriated''; and
(2) striking ``expended through''.
(b) The amendments made by this section shall take effect
as if included in the enactment of the Consolidated
Appropriations Act, 2021.
Sec. 114. None of the funds made available by this Act may
be used to implement or enforce the final rule entitled
``Wagner-Peyser Act Staffing Flexibility'' published by the
Department of Labor in the Federal Register on January 6,
2020.
Sec. 115. None of the funds made available by this Act may
be used to implement or enforce Subpart B of 29 CFR Part 29
(29 CFR 29.20 through 29 CFR 29.31 (Industry Recognized
Apprenticeship Programs)).
This title may be cited as the ``Department of Labor
Appropriations Act, 2022''.
TITLE II
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Health Resources and Services Administration
primary health care
For carrying out titles II and III of the Public Health
Service Act (referred to in this Act as the ``PHS Act'') with
respect to primary health care and the Native Hawaiian Health
Care Act of 1988, $1,831,772,000: Provided, That $25,000,000
shall be available for the purpose of making grants to
support school-based health centers as authorized under
section 399Z-1 of the PHS Act (42 U.S.C. 280h-5): Provided
further, That no more than $1,000,000 shall be available
until expended for carrying out the provisions of section
224(o) of the PHS Act: Provided further, That no more than
$120,000,000 shall be available until expended for carrying
out subsections (g) through (n) and (q) of section 224 of the
PHS Act, and for expenses incurred by the Department of
Health and Human Services (referred to in this Act as
``HHS'') pertaining to administrative claims made under such
law.
health workforce
For carrying out titles III, VII, and VIII of the PHS Act
with respect to the health workforce, sections 1128E and 1921
of the Social Security Act, and the Health Care Quality
Improvement Act of 1986, $1,564,876,000: Provided, That
sections 751(j)(2) and 762(k) of the PHS Act and the
proportional funding amounts in paragraphs (1) through (4) of
section 756(f) of the PHS Act shall not apply to funds made
available under this heading: Provided further, That for any
program operating under section 751 of the PHS Act on or
before January 1, 2009, the Secretary of Health and Human
Services (referred to in this title as the ``Secretary'') may
hereafter waive any of the requirements contained in sections
751(d)(2)(A) and 751(d)(2)(B) of such Act for the full
project period of a grant under such section: Provided
further, That 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 $185,000,000
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,
$15,000,000 shall remain available until expended for the
purposes of making payments under the NHSC Loan Repayment
Program under section 338B of the PHS Act to individuals
participating in such program who provide primary health
services in Indian Health Service facilities, Tribally-
Operated 638 Health Programs, and Urban Indian Health
Programs (as those terms are defined by the Secretary),
notwithstanding the assignment priorities and limitations
under section 333(b) of such Act: Provided further, That for
purposes of the previous two provisos, section 331(a)(3)(D)
of the PHS Act shall be applied as if the term ``primary
health services'' includes clinical substance use disorder
treatment services, including those provided by masters
level, licensed substance use disorder treatment counselors:
Provided further, That of the funds made available under this
heading, $15,000,000 shall be available to make grants to
establish or expand optional community-based nurse
practitioner fellowship programs that are accredited or in
the accreditation process, with a preference for those in
Federally Qualified Health Centers, for practicing
postgraduate nurse practitioners in primary care or
behavioral health.
Of the funds made available under this heading, $75,000,000
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: Provided, That, in awarding such grants, the
Secretary shall give priority to public institutions of
higher education located in States with a projected primary
care provider shortage in 2026, 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 2026, as determined by the
Secretary: Provided further, That the minimum amount of a
grant so awarded to such an institution shall be not less
than $1,000,000 per year: Provided further, That such a grant
may be awarded for a period not to exceed 5 years: Provided
further, That amounts made available in this paragraph shall
be awarded as supplemental grants to recipients of grants
awarded for this purpose in fiscal years 2020 and 2021,
pursuant to the terms and conditions of each institution's
initial grant agreement, in an amount for each institution
that will result in every institution being awarded the same
total grant amount over fiscal years 2020 through 2022,
provided the institution can justify the expenditure of such
funds: Provided further, That such a grant awarded with
respect to a year to such an institution shall be subject to
a matching requirement of non-Federal funds in an amount that
is not less than 10 percent of the total amount of Federal
funds provided in the grant to such institution with respect
to such year.
maternal and child health
For carrying out titles III, XI, XII, and XIX of the PHS
Act with respect to maternal and child health and title V of
the Social Security Act, $1,188,784,000: Provided, That
notwithstanding sections 502(a)(1) and 502(b)(1) of the
Social Security Act, not more than $266,116,000 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, $2,654,781,000, of which
$2,087,881,000 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
$190,000,000, to remain available until expended, shall be
available to the Secretary for carrying out a program of
grants and contracts under title XXVI or section 311(c) of
such Act focused on ending the nationwide HIV/AIDS epidemic,
with any grants issued under such section 311(c) administered
in conjunction with title XXVI of the PHS Act, including the
limitation on administrative expenses.
health care systems
For carrying out titles III and XII of the PHS Act with
respect to health care systems, and the Stem Cell Therapeutic
and Research Act of 2005, $147,093,000, of which $122,000
shall be available until expended for facilities renovations
and other 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, $400,209,000, of which
$80,009,000 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,
$23,242,000 shall be available for the Small Rural Hospital
Improvement Grant Program for quality improvement and
adoption of health information technology 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
[[Page H3939]]
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, $13,000,000 shall be available for
State Offices of Rural Health: Provided further, That
$12,700,000 shall remain available through September 30,
2024, to support the Rural Residency Development Program.
family planning
For carrying out the program under title X of the PHS Act
to provide for voluntary family planning projects,
$400,000,000: Provided, That amounts provided to said
projects under such title shall not be expended for
abortions, that all pregnancy counseling shall be
nondirective, and that such amounts shall not be expended for
any activity (including the publication or distribution of
literature) that in any way tends to promote public support
or opposition to any legislative proposal or candidate for
public office: Provided further, That all entities funded
under this heading shall provide clinical services consistent
with nationally recognized clinical standards: Provided
further, That projects funded under section 1001 of the PHS
Act shall provide the full range of contraceptive methods
approved by the Food and Drug Administration: Provided
further, That all patients under title X of the PHS Act with
a positive pregnancy test shall be given the opportunity to
be provided information and counseling regarding (1) prenatal
care and delivery; (2) infant care, foster care, and
adoption; and (3) pregnancy termination: Provided further,
That if such a patient requests information specified in the
preceding proviso, such patient shall be provided with
neutral, factual information and nondirective counseling on
each such option, including referral upon request, except
with respect to any option about which the patient indicates
no interest in receiving such information and counseling.
program management
For program support in the Health Resources and Services
Administration, $536,407,000: 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, That of the amount
made available under this heading, $367,415,000 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
activities funded under headings listed in the preceding
proviso, and in the amounts, specified under the heading
``Program Management'' in the report accompanying this Act,
and of which 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 preceding
proviso 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
$16,200,000 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, $531,580,000.
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,
$1,501,556,000.
emerging and zoonotic infectious diseases
For carrying out titles II, III, and XVII, and section 2821
of the PHS Act, titles II and IV of the Immigration and
Nationality Act, and section 501 of the Refugee Education
Assistance Act, with respect to emerging and zoonotic
infectious diseases, $674,272,000: 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, $1,302,114,000: 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, $186,810,000.
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, $756,997,000.
environmental health
For carrying out titles II, III, and XVII of the PHS Act
with respect to environmental health, $326,350,000.
injury prevention and control
For carrying out titles II, III, and XVII of the PHS Act
with respect to injury prevention and control,
$1,064,169,000.
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, $360,300,000.
energy employees occupational illness compensation program
For necessary expenses to administer the Energy Employees
Occupational Illness Compensation Program Act, $55,358,000,
to remain available until expended: Provided, That this
amount shall be available consistent with the provision
regarding administrative expenses in section 151(b) of
division B, title I of Public Law 106-554.
global health
For carrying out titles II, III, and XVII of the PHS Act
with respect to global health, $842,843,000, of which: (1)
$128,421,000 shall remain available through September 30,
2023 for international HIV/AIDS; and (2) $448,200,000 shall
remain available through September 30, 2024 for global public
health protection: Provided, That funds may be used for
purchase and insurance of official motor vehicles in foreign
countries.
public health preparedness and response
For carrying out titles II, III, and XVII of the PHS Act
with respect to public health preparedness and response, and
for expenses necessary to support activities related to
countering potential biological, nuclear, radiological, and
chemical threats to civilian populations, $862,200,000:
Provided, That the Director of the Centers for Disease
Control and Prevention (referred to in this title as ``CDC'')
or the Administrator of the Agency for Toxic Substances and
Disease Registry may detail staff without reimbursement to
support an activation of the CDC Emergency Operations Center,
so long as the Director or Administrator, as applicable,
provides a notice to the Committees on Appropriations of the
House of Representatives and the Senate within 15 days of the
use of this authority, a full report within 30 days after use
of this authority which includes the number of staff and
funding level broken down by the originating center and
number of days detailed, and an update of such report every
180 days until staff are no longer on detail without
reimbursement to the CDC Emergency Operations Center.
buildings and facilities
(including transfer of funds)
For acquisition of real property, equipment, construction,
installation, demolition, and renovation of facilities,
$55,000,000, 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 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, $1,148,570,000, of which $1,000,000,000 shall
remain available through September 30, 2024, for public
health infrastructure and capacity: Provided, That paragraphs
[[Page H3940]]
(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,
$35,000,000, to remain available until expended, shall be
available to the Director of the CDC for deposit in the
Infectious Diseases Rapid Response Reserve Fund established
by section 231 of division B of Public Law 115-245: Provided
further, That funds appropriated under this heading may be
used to support a contract for the operation and maintenance
of an aircraft in direct support of activities throughout CDC
to ensure the agency is prepared to address public health
preparedness emergencies: Provided further, That employees of
CDC or the Public Health Service, both civilian and
commissioned officers, detailed to States, municipalities, or
other organizations under authority of section 214 of the PHS
Act, or in overseas assignments, shall be treated as non-
Federal employees for reporting purposes only and shall not
be included within any personnel ceiling applicable to the
Agency, Service, or HHS during the period of detail or
assignment: Provided further, That CDC may use up to $10,000
from amounts appropriated to CDC in this Act for official
reception and representation expenses when specifically
approved by the Director of CDC: Provided further, That in
addition, such sums as may be derived from authorized user
fees, which shall be credited to the appropriation charged
with the cost thereof: Provided further, That with respect to
the previous proviso, authorized user fees from the Vessel
Sanitation Program and the Respirator Certification Program
shall be available through September 30, 2023.
National Institutes of Health
national cancer institute
For carrying out section 301 and title IV of the PHS Act
with respect to cancer, $6,798,056,000, of which up to
$30,000,000 may be used for facilities repairs and
improvements at the National Cancer Institute--Frederick
Federally Funded Research and Development Center in
Frederick, Maryland.
national heart, lung, and blood institute
For carrying out section 301 and title IV of the PHS Act
with respect to cardiovascular, lung, and blood diseases, and
blood and blood products, $3,866,828,000.
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,
$519,010,000.
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,
$2,237,625,000.
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,
$2,723,515,000.
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,
$6,557,803,000.
national institute of general medical sciences
For carrying out section 301 and title IV of the PHS Act
with respect to general medical sciences, $3,139,656,000, of
which $1,271,505,000 shall be from funds available under
section 241 of the PHS Act: Provided, That not less than
$415,000,000 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,
$1,689,786,000.
national eye institute
For carrying out section 301 and title IV of the PHS Act
with respect to eye diseases and visual disorders,
$877,129,000.
national institute of environmental health sciences
For carrying out section 301 and title IV of the PHS Act
with respect to environmental health sciences, $941,799,000.
national institute on aging
For carrying out section 301 and title IV of the PHS Act
with respect to aging, $4,258,049,000.
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, $679,410,000.
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,
$522,758,000.
national institute of nursing research
For carrying out section 301 and title IV of the PHS Act
with respect to nursing research, $200,782,000.
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, $582,422,000.
national institute on drug abuse
For carrying out section 301 and title IV of the PHS Act
with respect to drug abuse, $1,860,329,000.
national institute of mental health
For carrying out section 301 and title IV of the PHS Act
with respect to mental health, $2,147,085,000.
national human genome research institute
For carrying out section 301 and title IV of the PHS Act
with respect to human genome research, $646,295,000.
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, $431,081,000.
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,
$185,295,000.
national institute on minority health and health disparities
For carrying out section 301 and title IV of the PHS Act
with respect to minority health and health disparities
research, $661,879,000.
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), $96,842,000.
national library of medicine
For carrying out section 301 and title IV of the PHS Act
with respect to health information communications,
$486,769,000: Provided, That of the amounts available for
improvement of information systems, $4,000,000 shall be
available until September 30, 2023: Provided further, That in
fiscal year 2022, the National Library of Medicine may enter
into personal services contracts for the provision of
services in facilities owned, operated, or constructed under
the jurisdiction of the National Institutes of Health
(referred to in this title as ``NIH'').
national center for advancing translational sciences
For carrying out section 301 and title IV of the PHS Act
with respect to translational sciences, $897,812,000:
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
$616,183,000 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, $2,667,385,000: Provided, That funding shall
be available for the purchase of not to exceed 29 passenger
motor vehicles for replacement only: Provided further, That
all funds credited to the NIH Management Fund shall remain
available for one fiscal year after the fiscal year in which
they are deposited: Provided further, That $180,000,000 shall
be for the Environmental Influences on Child Health Outcomes
study: Provided further, That $657,112,000 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 $50,000,000 shall be used to
carry out section 404I of the PHS Act (42 U.S.C. 283K),
relating to biomedical and behavioral research facilities:
Provided further, That $5,000,000 shall be transferred to and
merged with the appropriation for the ``Office of Inspector
General'' for oversight of grant programs and operations of
the NIH, including agency efforts to ensure the integrity of
its grant application evaluation and selection processes, and
shall be in addition to funds otherwise made available for
oversight of the NIH: Provided further, That the funds
provided in the previous proviso may be transferred from one
specified activity to another with 15 days prior approval of
the Committees on Appropriations of the House of
Representatives and the Senate: Provided further, That the
Inspector General shall consult with the Committees on
Appropriations of the House of Representatives and the Senate
before submitting to the Committees an audit plan for fiscal
years 2022 and 2023 no later than 30 days after the date of
enactment of this Act: Provided further, That amounts made
available under this heading are also available to establish,
operate, and support the Research Policy Board authorized by
section 2034(f) of the 21st Century Cures Act: Provided
further, That the funds made available under this heading for
the Office of Research on Women's Health shall also be
available for making grants to serve and promote the
interests of women in research, and the director of such
Office may, in making such grants, use the authorities
available to NIH Institutes and Centers with respect to
research on the role of sex and gender on health.
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
[[Page H3941]]
for, facilities of or used by NIH, including the acquisition
of real property, $250,000,000, to remain available through
September 30, 2026.
nih innovation account, cures act
(including transfer of funds)
For necessary expenses to carry out the purposes described
in section 1001(b)(4) of the 21st Century Cures Act, in
addition to amounts available for such purposes in the
appropriations provided to the NIH in this Act, $496,000,000,
to remain available until expended: Provided, That such
amounts are appropriated pursuant to section 1001(b)(3) of
such Act, are to be derived from amounts transferred under
section 1001(b)(2)(A) of such Act, and may be transferred by
the Director of the National Institutes of Health to other
accounts of the National Institutes of Health solely for the
purposes provided in such Act: Provided further, That upon a
determination by the Director that funds transferred pursuant
to the previous proviso are not necessary for the purposes
provided, such amounts may be transferred back to the
Account: Provided further, That the transfer authority
provided under this heading is in addition to any other
transfer authority provided by law.
Advanced Research Projects Agency for Health
For carrying out section 301 and title IV of the PHS Act
with respect to advanced research projects for health,
$3,000,000,000, to remain available through September 30,
2024: Provided, That such funds shall only be made available
if legislation specifically establishing the Advanced
Research Projects Agency for Health (``ARPA-H'') is enacted
into law: Provided further, That the Director of ARPA-H may
utilize all of the authorities and processes established
under section 24 of the Stevenson-Wydler Technology
Innovation Act of 1980 (15 U.S.C. 3719) to support prize
competitions: Provided further, That research funded by
amounts made available under this heading shall not be
subject to the requirements of sections 406(a)(3)(A)(ii) or
492 of the PHS Act: Provided further, That the Director of
ARPA-H may enter into a multi-year contract, with amounts
made available under this heading, if--
(1) funds are available and obligated for the contract, for
the full period of the contract or for the first fiscal year
in which the contract is in effect, and for the estimated
costs associated with a necessary termination of the
contract;
(2) the Director determines that a multiyear contract will
serve the best interests of the Federal Government in
carrying out the responsibilities of ARPA-H; and
(3) the contract includes a clause that provides that the
contract shall be terminated if funds are not made available
for the continuation of the contract in a fiscal year covered
by the contract;
Provided further, That funds available for paying
termination costs pursuant to the previous proviso shall
remain available for that purpose until the costs associated
with termination of the contract are paid.
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, and the Protection and Advocacy for
Individuals with Mental Illness Act, $3,128,256,000:
Provided, That of the funds made available under this
heading, $100,000,000 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
10 percent shall be available to support evidence-based
crisis systems: Provided further, That up to 10 percent of
the amounts made available to carry out the Children's Mental
Health Services program may be used to carry out
demonstration grants or contracts for early interventions
with persons not more than 25 years of age at clinical high
risk of developing a first episode of psychosis: Provided
further, That section 520E(b)(2) of the PHS Act shall not
apply to funds appropriated in this Act for fiscal year 2022:
Provided further, That States shall expend at least 10
percent of the amount each receives for carrying out section
1911 of the PHS Act to support evidence-based programs that
address the needs of individuals with early serious mental
illness, including psychotic disorders, regardless of the age
of the individual at onset: Provided further, That
$375,000,000 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): Provided further, That
notwithstanding sections 1911(b) and 1912 of the PHS Act,
amounts made available under this heading for subpart I of
part B of title XIX of such Act shall also be available to
support evidence-based programs that address early
intervention and prevention of mental disorders among at-risk
children and adults: 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 early intervention and prevention
of mental disorders among at-risk children and adults:
Provided further, That notwithstanding section 1912 of the
PHS Act, the plan described in such section and section
1911(b) of the PHS Act shall also include the evidence-based
programs described in the previous proviso, pursuant to plan
criteria established by the Secretary.
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,
$5,430,743,000: Provided, That $2,000,000,000 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 $75,000,000 shall be
made available to Indian Tribes or tribal organizations:
Provided further, That 15 percent of the remaining amount
shall be for the States with the highest mortality rate
related to opioid use disorders: Provided further, That of
the amounts provided for State Opioid Response Grants not
more than 2 percent shall be available for Federal
administrative expenses, training, technical assistance, and
evaluation: Provided further, That of the amount not reserved
by the previous three provisos, the Secretary shall make
allocations to States, territories, and the District of
Columbia according to a formula using national survey results
that the Secretary determines are the most objective and
reliable measure of drug use and drug-related deaths:
Provided further, That the Secretary shall submit the formula
methodology to the Committees on Appropriations of the House
of Representatives and the Senate not less than 15 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 each State that receives funds
appropriated under this heading for carrying out subpart II
of part B of title XIX of the PHS Act shall expend not less
than 10 percent of such funds for recovery support services:
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, $243,503,000.
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, $212,108,000: Provided, That
of the amount made available under this heading, $70,665,000
shall be used for the projects, and in the amounts, specified
under the heading ``Health Surveillance and Program Support''
in the report accompanying this Act, of which $1,000,000 may
be used for related agency administrative expenses: Provided
further, That none of the funds made available for projects
described in the preceding proviso shall be subject to
section 241 of the PHS Act or section 205 of this Act:
Provided further, That in addition to amounts provided
herein, $31,428,000 shall be available under section 241 of
the PHS Act to supplement funds available to carry out
national surveys on drug abuse and mental health, to collect
and analyze program data, and to conduct public awareness and
technical assistance activities: Provided further, That, in
addition, fees may be collected for the costs of
publications, data, data tabulations, and data analysis
completed under title V of the PHS Act and provided to a
public or private entity upon request, which shall be
credited to this appropriation and shall remain available
until expended for such purposes: Provided further, That
amounts made available in this Act for carrying out section
501(o) of the PHS Act shall remain available through
September 30, 2023: Provided further, That funds made
available under this heading (other than amounts specified in
the first proviso under this heading) may be used to
supplement program support funding provided under the
headings ``Mental Health'', ``Substance Abuse Treatment'',
and ``Substance Abuse Prevention''.
[[Page H3942]]
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, $250,792,000: Provided, That in
addition to amounts provided herein $129,208,000 shall be
available from amounts available under section 241 of the PHS
Act: Provided further, That section 947(c) of the PHS Act
shall not apply in fiscal year 2022: Provided further, That
in addition, amounts received from Freedom of Information Act
fees, reimbursable and interagency agreements, and the sale
of data shall be credited to this appropriation and shall
remain available until September 30, 2023.
Centers for Medicare & Medicaid Services
grants to states for medicaid
For carrying out, except as otherwise provided, titles XI
and XIX of the Social Security Act, $368,666,106,000, to
remain available until expended.
In addition, for carrying out such titles after May 31,
2022, for the last quarter of fiscal year 2022 for
unanticipated costs incurred for the current fiscal year,
such sums as may be necessary, to remain available until
expended.
In addition, for carrying out such titles for the first
quarter of fiscal year 2023, $165,722,018,000, to remain
available until expended.
Payment under such title XIX may be made for any quarter
with respect to a State plan or plan amendment in effect
during such quarter, if submitted in or prior to such quarter
and approved in that or any subsequent quarter.
payments to the health care trust funds
For payment to the Federal Hospital Insurance Trust Fund
and the Federal Supplementary Medical Insurance Trust Fund,
as provided under sections 217(g), 1844, and 1860D-16 of the
Social Security Act, sections 103(c) and 111(d) of the Social
Security Amendments of 1965, section 278(d)(3) of Public Law
97-248, and for administrative expenses incurred pursuant to
section 201(g) of the Social Security Act, $487,862,000,000.
In addition, for making matching payments under section
1844 and benefit payments under section 1860D-16 of the
Social Security Act that were not anticipated in budget
estimates, such sums as may be necessary.
program management
For carrying out, except as otherwise provided, titles XI,
XVIII, XIX, and XXI of the Social Security Act, titles XIII
and XXVII of the PHS Act, the Clinical Laboratory Improvement
Amendments of 1988, and other responsibilities of the Centers
for Medicare & Medicaid Services, not to exceed
$4,315,843,000, to be transferred from the Federal Hospital
Insurance Trust Fund and the Federal Supplementary Medical
Insurance Trust Fund, as authorized by section 201(g) of the
Social Security Act; together with all funds collected in
accordance with section 353 of the PHS Act and section
1857(e)(2) of the Social Security Act, funds retained by the
Secretary pursuant to section 1893(h) of the Social Security
Act, and such sums as may be collected from authorized user
fees and the sale of data, which shall be credited to this
account and remain available until expended: Provided, That
all funds derived in accordance with 31 U.S.C. 9701 from
organizations established under title XIII of the PHS Act
shall be credited to and available for carrying out the
purposes of this appropriation: Provided further, That the
Secretary is directed to collect fees in fiscal year 2022
from Medicare Advantage organizations pursuant to section
1857(e)(2) of the Social Security Act and from eligible
organizations with risk-sharing contracts under section 1876
of that Act pursuant to section 1876(k)(4)(D) of that Act:
Provided further, That of the amount made available under
this heading, $472,163,000 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, $872,793,000, 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
$650,726,000 shall be for the Centers for Medicare & Medicaid
Services program integrity activities, of which $109,145,000
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 $112,922,000 shall be for the Department of Justice
to carry out fraud and abuse activities authorized by section
1817(k)(3) of such Act: Provided, That the report required by
section 1817(k)(5) of the Social Security Act for fiscal year
2022 shall include measures of the operational efficiency and
impact on fraud, waste, and abuse in the Medicare, Medicaid,
and CHIP programs for the funds provided by this
appropriation: Provided further, That of the amount provided
under this heading, $317,000,000 is provided to meet the
terms of section 1(j) of H. Res. 467 of the 117th Congress as
engrossed in the House of Representatives on June 14, 2021,
and $555,793,000 is additional new budget authority specified
for purposes of such section 1(j): 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, $2,794,432,000, 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.), $3,900,304,000: Provided, That
notwithstanding section 2609A(a) of such Act, not more than
$3,500,000 may be reserved by the Secretary of Health and
Human Services for technical assistance, training, and
monitoring of program activities for compliance with internal
controls, policies and procedures 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 $3,746,804,000 of the amount appropriated under this
heading shall be allocated to each State and territory in
amounts equal to the amount each State and territory was
allocated in fiscal year 2021 pursuant to allocations made
from amounts appropriated under this heading in title II of
division H of the Consolidated Appropriations Act, 2021
(Public Law 116-260): Provided further, That of the remaining
amount made available under this heading that is not
designated for allocation in the preceding two provisos,
$75,000,000 shall be allocated as though the total
appropriation for such payments for fiscal year 2022 was less
than $1,975,000,000.
refugee and entrant assistance
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,
$4,504,947,000, of which $4,408,467,000 shall remain
available through September 30, 2024 for carrying out such
sections 414, 501, 462, and 235 and $30,000,000 shall remain
available until expended for the purposes authorized in
section 238 of this title: Provided, That amounts available
under this heading to carry out the TVPA shall also be
available for research and evaluation with respect to
activities under such Act: Provided further, That the
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''), $7,377,000,000 shall be used to
supplement, not supplant State general revenue funds for
child care assistance for low-income families: Provided, That
technical assistance under section 658I(a)(3) of such Act may
be provided directly, or through the use of contracts,
grants, cooperative agreements, or interagency agreements:
Provided further, That all funds made available to carry out
section 418 of the Social Security Act (42 U.S.C. 618),
including funds appropriated for that purpose in such section
418 or any other provision of law, shall be subject to the
reservation of funds authority in paragraphs (4) and (5) of
section 658O(a) of the CCDBG Act: Provided further, That in
addition to the amounts required to be reserved by the
Secretary under section 658O(a)(2)(A) of such Act,
$177,330,000 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.
In addition, $200,000,000 for carrying out a supplemental
grant program to make grants to States to be distributed as
provided for under section 2002 of the Social Security Act
and subject to the limitations of section 2005 of such Act:
Provided, That funds appropriated in this paragraph are in
addition to the entitlement grants authorized by section
2002(a)(1) of the Social Security Act and shall not be
available for such entitlement grants: Provided further, That
such supplemental grants shall be used by States to make
subgrants to social service agencies or other nonprofit
organizations to provide diapers and diapering supplies
(including diaper wipes, diaper cream, and other supplies
necessary to ensure that a child using a diaper is properly
cleaned and protected from diaper
[[Page H3943]]
rash) to families in need: Provided further, That such
supplemental grants are used by States to supplement, not
supplant, State general revenue funds provided for such
purposes: Provided further, That the term ``in need'', with
respect to a family, means a family whose self-certified
income is not more than 200 percent of the Federal poverty
line, as defined by the Office of Management and Budget and
revised annually in accordance with section 673(2) of the
Omnibus Budget Reconciliation Act of 1981 applicable to a
family of the size involved: Provided further, That not later
than December 31, 2022, each subgrantee receiving funding
from amounts made available in this paragraph shall submit a
report to the applicable State on the use of such funds:
Provided further, That each State shall include in the annual
report required under section 2006 of the Social Security Act
and submitted with respect to fiscal year 2023 information
detailing how grantees and subgrantees used funds made
available in this paragraph to distribute diapers and
diapering supplies to families in need.
children and families services programs
For carrying out, except as otherwise provided, the Runaway
and Homeless Youth Act, the Head Start Act, the Every Student
Succeeds Act, the Child Abuse Prevention and Treatment Act,
sections 303 and 313 of the Family Violence Prevention and
Services Act, the Native American Programs Act of 1974, title
II of the Child Abuse Prevention and Treatment and Adoption
Reform Act of 1978 (adoption opportunities), part B-1 of
title IV and sections 429, 473A, 477(i), 1110, 1114A, and
1115 of the Social Security Act, and the Community Services
Block Grant Act (``CSBG Act''); and for necessary
administrative expenses to carry out titles I, IV, V, X, XI,
XIV, XVI, and XX-A of the Social Security Act, the Act of
July 5, 1960, the Low-Income Home Energy Assistance Act of
1981, the Child Care and Development Block Grant Act of 1990,
title IV of the Immigration and Nationality Act, section 501
of the Refugee Education Assistance Act of 1980, and section
2204 of the American Rescue Plan Act of 2021,
$15,232,981,000, 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 $12,182,095,000 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) $750,000,000, in addition to funds otherwise available
for such purposes under section 640 of the Head Start Act,
shall be available through September 30, 2023, for awards to
eligible entities for Head Start and Early Head Start
programs and to entities defined as eligible under section
645A(d) of such Act for high quality infant and toddler care
through Early Head Start - Child Care Partnerships, and for
training and technical assistance for such activities:
Provided further, That of the funds made available in this
paragraph, up to $21,000,000 shall be available to the
Secretary for the administrative costs of carrying out this
paragraph;
(4) $250,000,000 shall be available for quality improvement
consistent with paragraph (5) of section 640(a) of such Act,
except that any amount of such funds may be used for any of
the activities described in such section (5), of which not
less than $12,500,000 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;
(5) $200,000,000 shall be available through September 30,
2023, of which up to 1 percent may be reserved for research
and evaluation, and the remaining unreserved amount shall be
available in addition to funds made available under any other
provision of section 640, for award by the Secretary to
grantees that apply for supplemental funding to increase
their hours of program operations and for training and
technical assistance for such activities;
(6) $8,000,000 shall be available for the purposes of
maintaining the Tribal Colleges and Universities Head Start
Partnership Program consistent with section 648(g) of such
Act; and
(7) $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 $450,000,000 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 $834,000,000 shall be for making payments under the CSBG
Act: Provided further, That for the purposes of carrying out
the CSBG Act, the term ``poverty line'' as defined in section
673(2) of the CSBG Act means 200 percent of the poverty line
otherwise applicable under such section (excluding the last
sentence of such section) without regard to such section:
Provided further, That $34,000,000 shall be for section 680
of the CSBG Act, of which not less than $23,000,000 shall be
for section 680(a)(2) and not less than $11,000,000 shall be
for section 680(a)(3)(B) of such Act: Provided further, That,
notwithstanding section 675C(a)(3) of the CSBG Act, to the
extent Community Services Block Grant funds are distributed
as grant funds by a State to an eligible entity as provided
under such Act, and have not been expended by such entity,
they shall remain with such entity for carryover into the
next fiscal year for expenditure by such entity consistent
with program purposes: Provided further, That the Secretary
shall establish procedures regarding the disposition of
intangible assets and program income that permit such assets
acquired with, and program income derived from, grant funds
authorized under section 680 of the CSBG Act to become the
sole property of such grantees after a period of not more
than 12 years after the end of the grant period for any
activity consistent with section 680(a)(2)(A) of the CSBG
Act: Provided further, That intangible assets in the form of
loans, equity investments and other debt instruments, and
program income may be used by grantees for any eligible
purpose consistent with section 680(a)(2)(A) of the CSBG Act:
Provided further, That these procedures shall apply to such
grant funds made available after November 29, 1999: Provided
further, That funds appropriated for section 680(a)(2) of the
CSBG Act shall be available for financing construction and
rehabilitation and loans or investments in private business
enterprises owned by community development corporations:
Provided further, That $449,700,000 shall be for carrying out
section 303(a) of the Family Violence Prevention and Services
Act, of which $175,000,000 shall be for providing direct
payments to any victim of family violence, domestic violence,
or dating violence, or to any dependent of such victim,
notwithstanding section 308(d)(1) of such Act: Provided
further, That $7,000,000 shall be allocated, notwithstanding
section 303(a)(2) of the Family Violence Prevention and
Services Act, for carrying out section 309 of such Act; and
$6,750,000 shall be for necessary administrative expenses to
carry out such Act and section 2204 of the American Rescue
Plan Act of 2021, in addition to amounts otherwise available
for such purposes: 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 $4,000,000 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.
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,
$106,000,000: Provided, That of the funds available to carry
out section 437, $60,000,000 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), $30,000,000 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
$9,000,000, in addition to funds otherwise appropriated in
section 476 for such purposes, shall be for the Family First
Clearinghouse and to support evaluation and technical
assistance relating to the evaluation of child and family
services: Provided further, That of the funds available to
carry out section 437, $7,000,000 shall be for competitive
grants to regional partnerships as described in section
437(f), and shall be in addition to any other funds
appropriated for such purposes: 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 under this
heading: 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.
[[Page H3944]]
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, $3,047,414,000, together with
$57,115,000 to be transferred from the Federal Hospital
Insurance Trust Fund and the Federal Supplementary Medical
Insurance Trust Fund to carry out section 4360 of the Omnibus
Budget Reconciliation Act of 1990: Provided, That amounts
appropriated under this heading may be used for grants to
States under section 361 of the OAA only for disease
prevention and health promotion programs and activities which
have been demonstrated through rigorous evaluation to be
evidence-based and effective: Provided further, That of
amounts made available under this heading to carry out
sections 311, 331, and 336 of the OAA, up to one percent of
such amounts shall be available for developing and
implementing evidence-based practices for enhancing senior
nutrition, including medically-tailored meals: Provided
further, That notwithstanding any other provision of this
Act, funds made available under this heading to carry out
section 311 of the OAA may be transferred to the Secretary of
Agriculture in accordance with such section: Provided
further, That $2,000,000 shall be for competitive grants to
support alternative financing programs that provide for the
purchase of assistive technology devices, such as a low-
interest loan fund; an interest buy-down program; a revolving
loan fund; a loan guarantee; or an insurance program:
Provided further, That applicants shall provide an assurance
that, and information describing the manner in which, the
alternative financing program will expand and emphasize
consumer choice and control: Provided further, That State
agencies and community-based disability organizations that
are directed by and operated for individuals with
disabilities shall be eligible to compete: Provided further,
That none of the funds made available under this heading may
be used by an eligible system (as defined in section 102 of
the Protection and Advocacy for Individuals with Mental
Illness Act (42 U.S.C. 10802)) to continue to pursue any
legal action in a Federal or State court on behalf of an
individual or group of individuals with a developmental
disability (as defined in section 102(8)(A) of the
Developmental Disabilities and Assistance and Bill of Rights
Act of 2000 (20 U.S.C. 15002(8)(A)) that is attributable to a
mental impairment (or a combination of mental and physical
impairments), that has as the requested remedy the closure of
State operated intermediate care facilities for people with
intellectual or developmental disabilities, unless reasonable
public notice of the action has been provided to such
individuals (or, in the case of mental incapacitation, the
legal guardians who have been specifically awarded authority
by the courts to make healthcare and residential decisions on
behalf of such individuals) who are affected by such action,
within 90 days of instituting such legal action, which
informs such individuals (or such legal guardians) of their
legal rights and how to exercise such rights consistent with
current Federal Rules of Civil Procedure: Provided further,
That the limitations in the immediately preceding proviso
shall not apply in the case of an individual who is neither
competent to consent nor has a legal guardian, nor shall the
proviso apply in the case of individuals who are a ward of
the State or subject to public guardianship.
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, $582,981,000,
together with $74,828,000 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, $58,400,000 shall be for minority AIDS
prevention and treatment activities: Provided further, That
of the funds made available under this heading, $130,000,000
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 funds provided
in this Act for embryo adoption activities may be used to
provide to individuals adopting embryos, through grants and
other mechanisms, medical and administrative services deemed
necessary for such adoptions: Provided further, That such
services shall be provided consistent with 42 CFR 59.5(a)(4):
Provided further, That of the funds made available under this
heading, $5,000,000 shall be for carrying out prize
competitions sponsored by the Office of the Secretary to
accelerate innovation in the prevention, diagnosis, and
treatment of kidney diseases (as authorized by section 24 of
the Stevenson-Wydler Technology Innovation Act of 1980 (15
U.S.C. 3719)): Provided further, That notwithstanding any
other provision of law, the Secretary may use $7,891,000 of
the amounts appropriated under this heading to supplement
funds otherwise available to the Secretary for the hire and
purchase of electric vehicles and electric vehicle charging
stations, and to cover other costs related to electrifying
the motor vehicle fleet within HHS: Provided further, That
electric chargers installed in a parking area with such funds
described in the preceding proviso shall be deemed personal
property under the control and custody of the Department of
Health and Human Services managing such parking area:
Provided further, That of the funds made available under this
heading $3,000,000 shall be for establishing a National
Health Care Workforce Commission (as authorized by section
5101 of Public Law 111-148).
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, $86,614,000 shall be available from
amounts 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, $100,000,000: 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 $5,300,000 shall be available through September 30,
2023, for 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,
$47,931,000.
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, $1,508,036,000, of
which $823,380,000 shall remain available through September
30, 2023, for expenses necessary to support advanced research
and development pursuant to section 319L of the PHS Act and
other administrative expenses of the Biomedical Advanced
Research and Development Authority: Provided, That funds
provided under this heading for the purpose of acquisition of
security countermeasures shall be in addition to any other
funds available for such purpose: Provided further, That
products purchased with funds provided under this heading
may, at the discretion of the Secretary, be deposited in the
Strategic National Stockpile pursuant to section 319F-2 of
the PHS Act: Provided further, That $5,000,000 of the amounts
made available to support emergency operations shall remain
available through September 30, 2024.
For expenses necessary for procuring security
countermeasures (as defined in section 319F-2(c)(1)(B) of the
PHS Act), $770,000,000, to remain available until expended.
For expenses necessary to carry out section 319F-2(a) of
the PHS Act, $905,000,000, to remain available until
expended.
For an additional amount for expenses necessary to prepare
for or respond to an influenza pandemic, $335,000,000; of
which $300,000,000 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
[[Page H3945]]
finds such construction or renovation necessary to secure
sufficient supplies of such vaccines or biologics.
General Provisions
Sec. 201. Funds appropriated in this title shall be
available for not to exceed $50,000 for official reception
and representation expenses when specifically approved by the
Secretary.
Sec. 202. None of the funds appropriated in this title
shall be used to pay the salary of an individual, through a
grant or other extramural mechanism, at a rate in excess of
Executive Level II: Provided, That none of the funds
appropriated in this title shall be used to prevent the NIH
from paying up to 100 percent of the salary of an individual
at this rate.
Sec. 203. None of the funds appropriated in this Act may
be expended pursuant to section 241 of the PHS Act, except
for funds specifically provided for in this Act, or for other
taps and assessments made by any office located in HHS, prior
to the preparation and submission of a report by the
Secretary to the Committees on Appropriations of the House of
Representatives and the Senate detailing the planned uses of
such funds.
Sec. 204. Notwithstanding section 241(a) of the PHS Act,
such portion as the Secretary shall determine, but not more
than 2.5 percent, of any amounts appropriated for programs
authorized under such Act shall be made available for the
evaluation (directly, or by grants or contracts) and the
implementation and effectiveness of programs funded in this
title.
(transfer of funds)
Sec. 205. Not to exceed 1 percent of any discretionary
funds (pursuant to the Balanced Budget and Emergency Deficit
Control Act of 1985) which are appropriated for the current
fiscal year for HHS in this Act may be transferred between
appropriations, but no such appropriation shall be increased
by more than 3 percent by any such transfer: Provided, That
the transfer authority granted by this section shall not be
used to create any new program or to fund any project or
activity for which no funds are provided in this Act:
Provided further, That the Committees on Appropriations of
the House of Representatives and the Senate are notified at
least 15 days in advance of any transfer.
Sec. 206. In lieu of the timeframe specified in section
338E(c)(2) of the PHS Act, terminations described in such
section may occur up to 60 days after the effective date of a
contract awarded in fiscal year 2022 under section 338B of
such Act, or at any time if the individual who has been
awarded such contract has not received funds due under the
contract.
Sec. 207. None of the funds appropriated in this Act may
be made available to any entity under title X of the PHS Act
unless the applicant for the award certifies to the Secretary
that it encourages family participation in the decision of
minors to seek family planning services and that it provides
counseling to minors on how to resist attempts to coerce
minors into engaging in sexual activities.
Sec. 208. Notwithstanding any other provision of law, no
provider of services under title X of the PHS Act shall be
exempt from any State law requiring notification or the
reporting of child abuse, child molestation, sexual abuse,
rape, or incest.
Sec. 209. None of the funds appropriated by this Act
(including funds appropriated to any trust fund) may be used
to carry out the Medicare Advantage program if the Secretary
denies participation in such program to an otherwise eligible
entity (including a Provider Sponsored Organization) because
the entity informs the Secretary that it will not provide,
pay for, provide coverage of, or provide referrals for
abortions: Provided, That the Secretary shall make
appropriate prospective adjustments to the capitation payment
to such an entity (based on an actuarially sound estimate of
the expected costs of providing the service to such entity's
enrollees): Provided further, That nothing in this section
shall be construed to change the Medicare program's coverage
for such services and a Medicare Advantage organization
described in this section shall be responsible for informing
enrollees where to obtain information about all Medicare
covered services.
Sec. 210. None of the funds made available in this title
may be used, in whole or in part, to advocate or promote gun
control.
Sec. 211. The Secretary shall make available through
assignment not more than 60 employees of the Public Health
Service to assist in child survival activities and to work in
AIDS programs through and with funds provided by the Agency
for International Development, the United Nations
International Children's Emergency Fund or the World Health
Organization.
Sec. 212. In order for HHS to carry out international
health activities, including HIV/AIDS and other infectious
disease, chronic and environmental disease, and other health
activities abroad during fiscal year 2022:
(1) The Secretary may exercise authority equivalent to that
available to the Secretary of State in section 2(c) of the
State Department Basic Authorities Act of 1956. The Secretary
shall consult with the Secretary of State and relevant Chief
of Mission to ensure that the authority provided in this
section is exercised in a manner consistent with section 207
of the Foreign Service Act of 1980 and other applicable
statutes administered by the Department of State.
(2) The Secretary is authorized to provide such funds by
advance or reimbursement to the Secretary of State as may be
necessary to pay the costs of acquisition, lease, alteration,
renovation, and management of facilities outside of the
United States for the use of HHS. The Department of State
shall cooperate fully with the Secretary to ensure that HHS
has secure, safe, functional facilities that comply with
applicable regulation governing location, setback, and other
facilities requirements and serve the purposes established by
this Act. The Secretary is authorized, in consultation with
the Secretary of State, through grant or cooperative
agreement, to make available to public or nonprofit private
institutions or agencies in participating foreign countries,
funds to acquire, lease, alter, or renovate facilities in
those countries as necessary to conduct programs of
assistance for international health activities, including
activities relating to HIV/AIDS and other infectious
diseases, chronic and environmental diseases, and other
health activities abroad.
(3) The Secretary is authorized to provide to personnel
appointed or assigned by the Secretary to serve abroad,
allowances and benefits similar to those provided under
chapter 9 of title I of the Foreign Service Act of 1980, and
22 U.S.C. 4081 through 4086 and subject to such regulations
prescribed by the Secretary. The Secretary is further
authorized to provide locality-based comparability payments
(stated as a percentage) up to the amount of the locality-
based comparability payment (stated as a percentage) that
would be payable to such personnel under section 5304 of
title 5, United States Code if such personnel's official duty
station were in the District of Columbia. Leaves of absence
for personnel under this subsection shall be on the same
basis as that provided under subchapter I of chapter 63 of
title 5, United States Code, or section 903 of the Foreign
Service Act of 1980, to individuals serving in the Foreign
Service.
(transfer of funds)
Sec. 213. The Director of the NIH, jointly with the
Director of the Office of AIDS Research, may transfer up to 3
percent among institutes and centers from the total amounts
identified by these two Directors as funding for research
pertaining to the human immunodeficiency virus: Provided,
That the Committees on Appropriations of the House of
Representatives and the Senate are notified at least 15 days
in advance of any transfer.
(transfer of funds)
Sec. 214. Of the amounts made available in this Act for
NIH, the amount for research related to the human
immunodeficiency virus, as jointly determined by the Director
of NIH and the Director of the Office of AIDS Research, shall
be made available to the ``Office of AIDS Research'' account.
The Director of the Office of AIDS Research shall transfer
from such account amounts necessary to carry out section
2353(d)(3) of the PHS Act.
Sec. 215. (a) Authority.--Notwithstanding any other
provision of law, the Director of NIH (``Director'') may use
funds authorized under section 402(b)(12) of the PHS Act to
enter into transactions (other than contracts, cooperative
agreements, or grants) to carry out research identified
pursuant to or research and activities described in such
section 402(b)(12).
(b) Peer Review.--In entering into transactions under
subsection (a), the Director may utilize such peer review
procedures (including consultation with appropriate
scientific experts) as the Director determines to be
appropriate to obtain assessments of scientific and technical
merit. Such procedures shall apply to such transactions in
lieu of the peer review and advisory council review
procedures that would otherwise be required under sections
301(a)(3), 405(b)(1)(B), 405(b)(2), 406(a)(3)(A), 492, and
494 of the PHS Act.
Sec. 216. Not to exceed $45,000,000 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 $3,500,000 per project.
(transfer of funds)
Sec. 217. Of the amounts made available for NIH, 1 percent
of the amount made available for National Research Service
Awards (``NRSA'') shall be made available to the
Administrator of the Health Resources and Services
Administration to make NRSA awards for research in primary
medical care to individuals affiliated with entities who have
received grants or contracts under sections 736, 739, or 747
of the PHS Act, and 1 percent of the amount made available
for NRSA shall be made available to the Director of the
Agency for Healthcare Research and Quality to make NRSA
awards for health service research.
Sec. 218. (a) The Biomedical Advanced Research and
Development Authority (``BARDA'') may enter into a contract,
for more than one but no more than 10 program years, for
purchase of research services or of security countermeasures,
as that term is defined in section 319F-2(c)(1)(B) of the PHS
Act (42 U.S.C. 247d-6b(c)(1)(B)), if--
(1) funds are available and obligated--
(A) for the full period of the contract or for the first
fiscal year in which the contract is in effect; and
(B) for the estimated costs associated with a necessary
termination of the contract; and
(2) the Secretary determines that a multi-year contract
will serve the best interests of the Federal Government by
encouraging full and open competition or promoting economy in
administration, performance, and operation of BARDA's
programs.
(b) A contract entered into under this section--
(1) shall include a termination clause as described by
subsection (c) of section 3903 of title 41, United States
Code; and
(2) shall be subject to the congressional notice
requirement stated in subsection (d) of such section.
Sec. 219. The Secretary shall publish, as part of the
fiscal year 2023 budget of the President submitted under
section 1105(a) of title 31, United States Code, information
that details the uses of all funds used by the Centers for
Medicare & Medicaid Services specifically for Health
[[Page H3946]]
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 report accompanying this Act.
Sec. 220. 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. 221. (a) Within 45 days of enactment of this Act, the
Secretary shall transfer funds appropriated under section
4002 of the ACA to the accounts specified, in the amounts
specified, and for the activities specified under the heading
``Prevention and Public Health Fund'' in the report
accompanying this 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. 222. Effective during the period beginning on
November 1, 2015 and ending January 1, 2024, any provision of
law that refers (including through cross-reference to another
provision of law) to the current recommendations of the
United States Preventive Services Task Force with respect to
breast cancer screening, mammography, and prevention shall be
administered by the Secretary involved as if--
(1) such reference to such current recommendations were a
reference to the recommendations of such Task Force with
respect to breast cancer screening, mammography, and
prevention last issued before 2009; and
(2) such recommendations last issued before 2009 applied to
any screening mammography modality under section 1861(jj) of
the Social Security Act (42 U.S.C. 1395x(jj)).
Sec. 223. In making Federal financial assistance, the
provisions relating to indirect costs in part 75 of title 45,
Code of Federal Regulations, including with respect to the
approval of deviations from negotiated rates, shall continue
to apply to the National Institutes of Health to the same
extent and in the same manner as such provisions were applied
in the third quarter of fiscal year 2017. None of the funds
appropriated in this or prior Acts or otherwise made
available to the Department of Health and Human Services or
to any department or agency may be used to develop or
implement a modified approach to such provisions, or to
intentionally or substantially expand the fiscal effect of
the approval of such deviations from negotiated rates beyond
the proportional effect of such approvals in such quarter.
(transfer of funds)
Sec. 224. The NIH Director may transfer funds for opioid
addiction, opioid alternatives, stimulant misuse and
addiction, pain management, and addiction treatment to other
Institutes and Centers of the NIH to be used for the same
purpose 15 days after notifying the Committees on
Appropriations of the House of Representatives and the
Senate: Provided, That the transfer authority provided in the
previous proviso is in addition to any other transfer
authority provided by law.
Sec. 225. (a) The Secretary shall provide to the Committees
on Appropriations of the House of Representatives and the
Senate:
(1) Detailed monthly enrollment figures from the Exchanges
established under the Patient Protection and Affordable Care
Act of 2010 pertaining to enrollments during the open
enrollment period; and
(2) Notification of any new or competitive grant awards,
including supplements, authorized under section 330 of the
Public Health Service Act.
(b) The Committees on Appropriations of the House and
Senate must be notified at least 2 business days in advance
of any public release of enrollment information or the award
of such grants.
Sec. 226. The Department of Health and Human Services
shall provide the Committees on Appropriations of the House
of Representatives and Senate a biannual report 30 days after
enactment of this Act on staffing described in the report
accompanying this Act.
Sec. 227. Funds appropriated in this Act that are
available for salaries and expenses of employees of the
Department of Health and Human Services shall also be
available to pay travel and related expenses of such an
employee or of a member of his or her family, when such
employee is assigned to duty, in the United States or in a
U.S. territory, during a period and in a location that are
the subject of a determination of a public health emergency
under section 319 of the Public Health Service Act and such
travel is necessary to obtain medical care for an illness,
injury, or medical condition that cannot be adequately
addressed in that location at that time. For purposes of this
section, the term ``U.S. territory'' means Guam, the
Commonwealth of Puerto Rico, the Northern Mariana Islands,
the Virgin Islands, American Samoa, or the Trust Territory of
the Pacific Islands.
Sec. 228. 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 monetary donations, medical goods and
services, which may include early childhood developmental
screenings, school supplies, toys, clothing, and any other
items and services intended to promote the wellbeing of such
children. Monetary donations received by the Department of
Health and Human Services under this section shall be
retained and credited to the Refugee and Entrant Assistance
account and shall remain available until expended for the
purposes provided by this section.
Sec. 229. None of the funds made available in this Act
under the heading ``Department of Health and Human Services--
Administration for Children and Families--Refugee and Entrant
Assistance'' may be obligated to a grantee or contractor to
house unaccompanied alien children (as such term is defined
in section 462(g)(2) of the Homeland Security Act of 2002 (6
U.S.C. 279(g)(2))) in any facility that is not State-licensed
for the care of unaccompanied alien children, except in the
case that the Secretary determines that housing unaccompanied
alien children in such a facility is necessary on a temporary
basis due to an influx of such children or an emergency,
provided that--
(1) the terms of the grant or contract for the operations
of any such facility that remains in operation for more than
three consecutive months shall require compliance with--
(A) the same requirements as licensed placements, as listed
in Exhibit 1 of the Flores Settlement Agreement that the
Secretary determines are applicable to non-State licensed
facilities; and
(B) staffing ratios of one (1) on-duty Youth Care Worker
for every eight (8) children or youth during waking hours,
one (1) on-duty Youth Care Worker for every sixteen (16)
children or youth during sleeping hours, and clinician ratios
to children (including mental health providers) as required
in grantee cooperative agreements;
(2) the Secretary may grant a 60-day waiver for a
contractor's or grantee's non-compliance with paragraph (1)
if the Secretary certifies and provides a report to Congress
on the contractor's or grantee's good-faith efforts and
progress towards compliance;
(3) if the Secretary determines that a contractor or
grantee is not in compliance after the Secretary has granted
a 60-day waiver, the Secretary shall not permit such
contractor or grantee to continue to provide services beyond
a reasonable period, not to exceed 60 days, needed to award a
contract or grant to a new service provider, and the
incumbent contractor or grantee shall not be eligible to
compete for the new contact or grant;
(4) ORR shall ensure full adherence to the monitoring
requirements set forth in section 5.5 of its Policies and
Procedures Guide as of May 15, 2019;
(5) for any such unlicensed facility in operation for more
than three consecutive months, ORR shall conduct a minimum of
one comprehensive monitoring visit during the first three
months of operation, with quarterly monitoring visits
thereafter; and
(6) not later than 60 days after the date of enactment of
this Act, ORR shall brief the Committees on Appropriations of
the House of Representatives and the Senate outlining the
requirements of ORR for influx facilities including any
requirement listed in paragraph (1)(A) that the Secretary has
determined are not applicable to non-State licensed
facilities.
Sec. 230. In addition to the existing Congressional
notification for formal site assessments of potential influx
facilities, the Secretary shall notify the Committees on
Appropriations of the House of Representatives and the Senate
at least 15 days before operationalizing an unlicensed
facility, and shall (1) specify whether the facility is hard-
sided or soft-sided, and (2) provide analysis that indicates
that, in the absence of the influx facility, the likely
outcome is that unaccompanied alien children will remain in
the custody of the Department of Homeland Security for longer
than 72 hours or that unaccompanied alien children will be
otherwise placed in danger. Within 60 days of bringing such a
facility online, and monthly thereafter, the Secretary shall
provide to the Committees on Appropriations of the House of
Representatives and the Senate a report detailing the total
number of children in care at the facility, the average
length of stay and average length of care of children at the
facility, and, for any child that has been at the facility
for more than 60 days, their length of stay and reason for
delay in release.
Sec. 231. None of the funds made available in this Act may
be used to prevent a United States Senator or Member of the
House of Representatives from entering, for the purpose of
conducting oversight, any facility in the United States used
for the purpose of maintaining custody of, or otherwise
housing, unaccompanied alien children (as defined in section
462(g)(2) of the Homeland Security Act of 2002 (6 U.S.C.
279(g)(2))). Nothing in this section shall be construed to
require such a Senator or Member to provide prior notice of
the intent to enter such a facility for such purpose.
Sec. 232. Not later than 14 days after the date of
enactment of this Act, and monthly thereafter, the Secretary
shall submit to the Committees on Appropriations of the House
of Representatives and the Senate, and make publicly
available online, a report with respect to children who were
separated from their parents or legal guardians by the
Department of Homeland Security (DHS) (regardless of whether
or not such separation was pursuant to an option selected by
the children, parents, or guardians), subsequently classified
as unaccompanied alien children, and transferred to the care
and custody of ORR during the previous month. Each report
shall contain the following information:
(1) the number and ages of children so separated subsequent
to apprehension at or between
[[Page H3947]]
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. 233. (a) None of the funds made available by this Act
may be used to share any information pertaining to an
unaccompanied alien child (as defined in section 462(g)(2) of
the Homeland Security Act of 2002 (6 U.S.C. 279(g)(2))) for
use or reference in any removal proceeding or otherwise for
enforcement of the immigration laws (as defined in section
101(a)(17) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(17))).
(b) Subsection (a) shall be construed to preclude the
transmission of information described in such subsection to
any individual, entity, or government agency with the
knowledge or intent that the information would be re-
transmitted or otherwise shared for a purpose prohibited
under such subsection.
(c) All records for which Office of Refugee Resettlement
policies require the written release authorization of the
Office of Refugee Resettlement shall have the presumption of
confidentiality and nondisclosure, including unaccompanied
alien child case files, specific information contained in
such case files, all information given to a case manager,
therapist, clinical worker, counselor, or social worker by
such a child during clinical or therapeutic work, and other
confidential information pertaining to such children, their
sponsors, or their potential sponsors.
(d) Nothing in this section shall be construed to prohibit
or restrict the continued implementation of interagency
agreements or coordination under section 235 of the William
Wilberforce Trafficking Victims Protection Reauthorization
Act of 2008 (8 U.S.C. 1232) pertinent to a child's placement
after attaining 18 years of age.
Sec. 234. To the extent practicable, and so long as it is
appropriate and in the best interest of the child, in cases
where the Office of Refugee Resettlement is responsible for
the care of siblings who are unaccompanied alien children as
defined in section 462(g)(2) of the Homeland Security Act of
2002 (6. U.S.C. 279(g)(2)), the Director of the Office shall
place the siblings--
(1) in the same facility; or
(2) with the same sponsor.
Sec. 235. Not later than 30 days after the date of
enactment of this Act, the Secretary shall submit to the
Committees on Appropriations of the House of Representatives
and the Senate a detailed spend plan of anticipated uses of
all funds made available under the heading ``Department of
Health and Human Services--Administration for Children and
Families--Refugee and Entrant Assistance'', including the
following: a list of existing grants and contracts for both
permanent and influx facilities, including their costs,
capacity, and timelines; costs for expanding capacity through
the use of community-based residential care placements
(including long-term and transitional foster care and small
group homes) through new or modified grants and contracts;
current and planned efforts to expand small-scale shelters
and available foster care placements, including collaboration
with State child welfare providers; influx facilities being
assessed for possible use; costs and services to be provided
for legal services, child advocates, and post-release
services; program administration; and the average number of
weekly referrals and discharge rate assumed in the spend
plan: Provided, That such plan shall be updated to reflect
changes and expenditures and submitted to the Committees on
Appropriations of the House of Representatives and the Senate
every 60 days until all funds are expended or expired.
Sec. 236. 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 227 of this Act at costs not in excess of
those paid for or reimbursed by the Department of Defense.
(rescission)
Sec. 237. Of the unobligated balances in the
``Nonrecurring Expenses Fund'' established in section 223 of
division G of Public Law 110-161, $500,000,000 are hereby
rescinded not later than September 30, 2022.
Sec. 238. The Secretary is authorized to provide, from
funds made available in this title for such purposes, mental
health and other supportive services, including through
grants, contracts, or cooperative agreements, for children,
parents, and legal guardians who were separated at the United
States-Mexico border between January 20, 2017, and January
20, 2021, in connection with the Zero-Tolerance Policy (as
discussed in the Attorney General's memorandum of April 6,
2018, entitled ``Zero-Tolerance for Offenses Under 8 U.S.C.
1325(a)'') or any other United States Government practice,
policy, program, or initiative that resulted in the
separation of children who arrived at the United States-
Mexico border with their parents or legal guardians during
such period. The Secretary may identify the individuals
eligible to receive such mental health and other supportive
services under this section through reference to the
identified members of the classes, and their minor children,
in the class-action lawsuits Ms. J.P. v. Barr and Ms. L. v.
ICE.
Sec. 239. The unobligated balances of amounts appropriated
or transferred to the Centers for Disease Control and
Prevention under the heading ``Buildings and Facilities'' in
title II of division H of the Consolidated Appropriations
Act, 2018 (Public Law 115-141) for a biosafety level 4
laboratory shall also be available for the acquisition of
real property, equipment, construction, demolition,
renovation of facilities, and installation expenses,
including moving expenses, related to such laboratory:
Provided, That not later than September 30, 2022, the
remaining unobligated balances of such funds are hereby
rescinded, and an amount of additional new budget authority
equivalent to the amount rescinded is hereby appropriated, to
remain available until expended, for the same purposes as
such unobligated balances, in addition to any other amounts
available for such purposes.
Sec. 240. (a) Premium Pay Authority.--If services performed
by a Department of Health and Human Services employee during
a public health emergency declared under section 319 of the
Public Health Service Act are determined by the Secretary to
be primarily related to preparation for, prevention of, or
response to such public health emergency, any premium pay
that is provided for such services shall be exempted from the
aggregate of basic pay and premium pay calculated under
section 5547(a) of title 5, United States Code, and any other
provision of law limiting the aggregate amount of premium pay
payable on a biweekly or calendar year basis.
(b) Overtime Authority.--Any overtime that is provided for
such services described in subsection (a) shall be exempted
from any annual limit on the amount of overtime payable in a
calendar or fiscal year.
(c) Applicability of Aggregate Limitation on Pay.--In
determining, for purposes of section 5307 of title 5, United
States Code, whether an employee's total pay exceeds the
annual rate payable under such section, the Secretary shall
not include pay exempted under this section.
(d) Limitation on Pay Authority.--Pay exempted from
otherwise applicable limits under subsection (a) shall not
cause the aggregate pay earned for the calendar year in which
the exempted pay is earned to exceed the rate of basic pay
payable for a position at level II of the Executive Schedule
under section 5313 of title 5, United States Code.
(e) Danger Pay for Service in Public Health Emergencies.--
The Secretary may grant a danger pay allowance under section
5928 of title 5, United States Code, without regard to the
conditions of the first sentence of such section, for work
that is performed by a Department of Health and Human
Services employee during a public health emergency declared
under section 319 of the Public Health Service Act that the
Secretary determines is primarily related to preparation for,
prevention of, or response to such public health emergency
and is performed under conditions that threaten physical harm
or imminent danger to the health or well-being of the
employee.
(f) Effective Date.--This section shall take effect as if
enacted on September 30, 2020.
Sec. 241. (a) None of the funds made available by this Act
may be awarded to any organization, including under the Child
Welfare or Federal Foster Care programs under parts B or E of
title IV of the Social Security Act, that does not comply
with paragraphs (c) and (d) of section 75.300 of title 45,
Code of Federal Regulations (prohibiting discrimination on
the basis of age, disability, sex, race, color, national
origin, religion, gender identity, or sexual orientation), as
in effect on October 1, 2019.
(b) None of the funds made available by this Act may be
used by the Department of Health and Human Services to grant
an exception from either such paragraph for any Federal
grantee.
Sec. 242. During this fiscal year, an Operating or Staff
Division in HHS may enter into a reimbursable agreement with
another major organizational unit within HHS or of another
agency under which the ordering agency or unit delegates to
the servicing agency or unit the authority and funding to
issue a grant or cooperative agreement on its behalf:
Provided, That the head of the ordering agency or unit
certifies that amounts are available and that the order is in
the best interests of the United States Government: Provided
further, That funding may be provided by way of advance or
reimbursement, as deemed appropriate by the ordering agency
or unit, with proper adjustments of estimated amounts
provided in advance to be made based on actual costs:
Provided further, That an agreement made under this section
obligates an appropriation of the ordering agency or unit,
including for costs to administer such grant or cooperative
agreement, and such obligation shall be deemed to be an
obligation for any purpose of law: Provided further, That an
agreement made under this section may be performed for a
period that extends beyond the current fiscal year.
Sec. 243. (a) None of the funds made available by this Act
may be used to prepare or issue any solicitation for a
contract for the CMS Contact Center Operations that
contemplates a total period of performance, including option
periods, that exceeds 24 months.
(b) None of the funds made available by this Act may be
used to award or fund a contract for the CMS Contact Center
Operations with a total period of performance, including
option periods, that exceeds 24 months.
Sec. 244. For fiscal year 2022, the notification
requirements described in sections 1804(a) and 1851(d) of the
Social Security Act may be fulfilled by the Secretary in a
manner similar to that described in paragraphs (1) and (2) of
section 1806(c) of such Act.
Sec. 245. Section 402A(d) of the Public Health Service Act
(42 U.S.C. 282a(d)) is amended--
(1) in the first sentence by striking ``under subsection
(a)(1)'' and inserting ``to carry out this title''; and
(2) in the second sentence by striking ``account under
subsection (a)(1)''.
Sec. 246. 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
[[Page H3948]]
year, including amounts made available to such heading by
transfer.
Sec. 247. The Director of the National Institutes of
Health shall hereafter require institutions that receive
funds through a grant or cooperative agreement during fiscal
year 2022 and in future years to notify the Director when
individuals identified as a principal investigator or as key
personnel in an NIH notice of award are removed from their
position or are otherwise disciplined due to concerns about
harassment, bullying, retaliation, or hostile working
conditions. The Director may issue regulations consistent
with this section.
Sec. 248. (a) Funds made available in Public Law 114-113 to
the accounts of the National Institutes of Health that were
available for obligation through fiscal year 2016 and were
obligated for multi-year research grants shall be available
through fiscal year 2022 for the liquidation of valid
obligations incurred in fiscal year 2016 if the Director of
the National Institutes of Health determines the project
suffered an interruption of activities attributable to SARS-
CoV-2.
(b)(1) Subject to paragraph (2), this section shall become
effective immediately upon enactment of this Act.
(2) If this Act is enacted after September 30, 2021, this
section shall be applied as if it were in effect on September
30, 2021.
This title may be cited as the ``Department of Health and
Human Services Appropriations Act, 2022''.
TITLE III
DEPARTMENT OF EDUCATION
Education for the Disadvantaged
For carrying out title I and subpart 2 of part B of title
II of the Elementary and Secondary Education Act of 1965
(referred to in this Act as ``ESEA'') and section 418A of the
Higher Education Act of 1965 (referred to in this Act as
``HEA''), $36,756,790,000, of which $25,813,490,000 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 $14,107,550,000 shall be for targeted
grants under section 1125 of the ESEA: Provided further, That
$14,107,550,000 shall be for education finance incentive
grants under section 1125A of the ESEA: Provided further,
That $223,000,000 shall be for carrying out subpart 2 of part
B of title II: Provided further, That $66,123,000 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, $1,552,112,000, of which $1,404,242,000 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,
$5,803,539,000, of which $3,963,652,000 shall become
available on July 1, 2022, and remain available through
September 30, 2023, and of which $1,681,441,000 shall become
available on October 1, 2022, and shall remain available
through September 30, 2023, for academic year 2022-2023:
Provided, That $378,000,000 shall be for part B of title I:
Provided further, That $1,359,673,000 shall be for part B of
title IV: Provided further, That $40,397,000 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
$36,453,000 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 $52,000,000 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 $23,021,000 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
$192,840,000 shall be for part B of title V: Provided
further, That $1,305,000,000 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,
$187,739,000, of which $67,993,000 shall be for subpart 2 of
part A of title VI and $9,365,000 shall be for subpart 3 of
part A of title VI: Provided, That the 5 percent limitation
in sections 6115(d), 6121(e), and 6133(g) of the ESEA on the
use of funds for administrative purposes shall apply only to
direct administrative costs: Provided further, That the
Secretary may make awards under subpart 3 of Part A of title
VI without regard to the funding limitation in section
6133(b)(1) of the ESEA: Provided further, That
notwithstanding sections 6132(c)(2) and 6133(d)(1) of such
Act, the Secretary may make such awards 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, $1,297,276,000:
Provided, That $300,500,000 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 $642,776,000 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 notwithstanding section 4601(b),
$254,000,000 shall be available through December 31, 2022 for
subpart 1 of part F of title IV: Provided further, That
$100,000,000 shall be for competitive grants to local
educational agencies and State educational agencies to reduce
racial and socioeconomic segregation across and within school
districts.
Safe Schools and Citizenship Education
For carrying out activities authorized by subparts 2 and 3
of part F of title IV of the ESEA, $1,666,000,000: Provided,
That $1,127,000,000 shall be available for section 4631, of
which $500,000,000 shall be for Mental Health Services
Professional Demonstration Grants; $500,000,000 shall be for
School-Based Mental Health Services Grants; and 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 $443,000,000 shall be
available for section 4625: Provided further, That
$96,000,000 shall be available through December 31, 2022, for
section 4624: Provided further, That $5,000,000 of the funds
made available in the preceding proviso shall be available
for planning grants consistent with section 4624(d)(1) of the
ESEA, which shall include as a required activity the needs
analysis specified in section 4624(a)(4).
English Language Acquisition
For carrying out part A of title III of the ESEA,
$1,000,000,000, which shall become available on July 1, 2022,
and shall remain available through September 30, 2023, except
that 6.5 percent of such amount shall be available on October
1, 2021, and shall remain available through September 30,
2023, to carry out activities under section 3111(c)(1)(C).
Special Education
For carrying out the Individuals with Disabilities
Education Act (IDEA) and the Special Olympics Sport and
Empowerment Act of 2004, $17,200,256,000, of which
$7,488,516,000 shall become available on July 1, 2022, and
shall remain available through September 30, 2023, and of
which $9,283,383,000 shall become available on October 1,
2022, and shall remain available through September 30, 2023,
for academic year 2022-2023: Provided, That the amount for
section 611(b)(2) of the IDEA shall be equal to the lesser of
the amount available for that activity during fiscal year
2021, increased by the amount of inflation as specified in
section 619(d)(2)(B) of the IDEA, or the percent change in
the funds appropriated under section 611(i) of the IDEA, but
not less than the amount for that activity during fiscal year
2021: Provided further, That the Secretary shall, without
regard to section 611(d) of the IDEA, distribute to all other
States (as that term is defined in section 611(g)(2)),
subject to the third proviso, any amount by which a State's
allocation under section 611, from funds appropriated under
this heading, is reduced under section 612(a)(18)(B),
according to the following: 85 percent on the basis of the
States' relative populations of children aged 3 through 21
who are of the same age as children with disabilities for
whom the State ensures the availability of a free appropriate
public education under this part, and 15 percent to States on
the basis of the States' relative populations of those
children who are living in poverty: Provided further, That
the Secretary may not distribute any funds under the previous
proviso to any State whose reduction in allocation from funds
appropriated under this heading made
[[Page H3949]]
funds available for such a distribution: Provided further,
That the States shall allocate such funds distributed under
the second proviso to local educational agencies in
accordance with section 611(f): Provided further, That the
amount by which a State's allocation under section 611(d) of
the IDEA is reduced under section 612(a)(18)(B) and the
amounts distributed to States under the previous provisos in
fiscal year 2012 or any subsequent year shall not be
considered in calculating the awards under section 611(d) for
fiscal year 2013 or for any subsequent fiscal years: Provided
further, That, notwithstanding the provision in section
612(a)(18)(B) regarding the fiscal year in which a State's
allocation under section 611(d) is reduced for failure to
comply with the requirement of section 612(a)(18)(A), the
Secretary may apply the reduction specified in section
612(a)(18)(B) over a period of consecutive fiscal years, not
to exceed 5, until the entire reduction is applied: Provided
further, That the Secretary may, in any fiscal year in which
a State's allocation under section 611 is reduced in
accordance with section 612(a)(18)(B), reduce the amount a
State may reserve under section 611(e)(1) by an amount that
bears the same relation to the maximum amount described in
that paragraph as the reduction under section 612(a)(18)(B)
bears to the total allocation the State would have received
in that fiscal year under section 611(d) in the absence of
the reduction: Provided further, That the Secretary shall
either reduce the allocation of funds under section 611 for
any fiscal year following the fiscal year for which the State
fails to comply with the requirement of section 612(a)(18)(A)
as authorized by section 612(a)(18)(B), or seek to recover
funds under section 452 of the General Education Provisions
Act (20 U.S.C. 1234a): Provided further, That the funds
reserved under 611(c) of the IDEA may be used to provide
technical assistance to States to improve the capacity of the
States to meet the data collection requirements of sections
616 and 618 and to administer and carry out other services
and activities to improve data collection, coordination,
quality, and use under parts B and C of the IDEA: Provided
further, That the Secretary may use funds made available for
the State Personnel Development Grants program under part D,
subpart 1 of IDEA to evaluate program performance under such
subpart: Provided further, That States may use funds reserved
for other State-level activities under sections 611(e)(2) and
619(f) of the IDEA to make subgrants to local educational
agencies, institutions of higher education, other public
agencies, and private non-profit organizations to carry out
activities authorized by those sections: Provided further,
That, notwithstanding section 643(e)(2)(A) of the IDEA, if 5
or fewer States apply for grants pursuant to section 643(e)
of such Act, the Secretary shall provide a grant to each
State in an amount equal to the maximum amount described in
section 643(e)(2)(B) of such Act: Provided further, That if
more than 5 States apply for grants pursuant to section
643(e) of the IDEA, the Secretary shall award funds to those
States on the basis of the States' relative populations of
infants and toddlers except that no such State shall receive
a grant in excess of the amount described in section
643(e)(2)(B) of such Act: Provided further, That States may
use funds allotted under section 643(c) of the IDEA to make
subgrants to local educational agencies, institutions of
higher education, other public agencies, and private non-
profit organizations to carry out activities authorized by
section 638 of IDEA: Provided further, That, notwithstanding
section 638 of the IDEA, any State receiving a grant under
section 633 of the IDEA must reserve not less than 10 percent
of its award for use in a manner described in a State plan,
approved by the Secretary, to ensure equitable access to and
participation in part C services in the State, particularly
for populations that have been traditionally underrepresented
in the program: Provided further, That, notwithstanding
section 632(4)(B) of the IDEA, a State receiving a grant
under section 633 of the IDEA may establish a system of
payments but may not include in that system family fees or
out-of-pocket costs to families for early intervention
services: Provided further, That any State seeking to amend
its eligibility criteria under section 635(a)(1) of the IDEA
in such a way that would have the effect of reducing the
number of infants and families who are eligible under part C
must conduct the public participation under section 637(a)(8)
of the IDEA at least 24 months prior to implementing such a
change: 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 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, $3,896,820,000, 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
States may award subgrants for a portion of the funds to
other public and private, nonprofit entities: Provided
further, That any funds made available subsequent to
reallotment for innovative activities aimed at improving the
outcomes of individuals with disabilities shall remain
available until September 30, 2023.
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, $37,431,000.
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,
$84,500,000: Provided, That from the total amount available,
the Institute may at its discretion use funds for the
endowment program as authorized under section 207 of such
Act.
gallaudet university
For the Kendall Demonstration Elementary School, the Model
Secondary School for the Deaf, and the partial support of
Gallaudet University under titles I and II of the Education
of the Deaf Act of 1986, $143,361,000: 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''), $2,238,981,000, of which $1,447,981,000
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 $100,000,000 shall be for competitive grants for local
educational agencies to carry out evidence-based middle and
high school career and technical education innovation
programs: Provided further, That section 3(20) of the Perkins
Act shall be applied as if the term ``eligible institution''
includes an apprenticeship program that is registered under
the National Apprenticeship Act and accredited by an agency
recognized by the Secretary of Education: Provided further,
That of the amounts made available for AEFLA, $38,712,000
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, $27,187,352,000 which shall remain
available through September 30, 2023.
The maximum Pell Grant for which a student shall be
eligible during award year 2022-2023 shall be $5,835.
Student Aid Administration
For Federal administrative expenses to carry out part D of
title I, and subparts 1, 3, 9, and 10 of part A, and parts B,
C, D, and E of title IV of the HEA, and subpart 1 of part A
of title VII of the Public Health Service Act,
$2,053,943,000, to remain available through September 30,
2023: Provided, That the Secretary shall allocate new student
loan borrower accounts to eligible student loan servicers on
the basis of their past performance compared to all loan
servicers utilizing established common metrics, and on the
basis of the capacity of each servicer to process new and
existing accounts and compliance with Federal and State law:
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: Provided
further, That the Department shall re-allocate accounts from
servicers for recurring non-compliance with FSA guidelines,
contractual requirements, and Federal and State laws,
including for failure to sufficiently inform borrowers of
available repayment options: Provided further, That such
servicers shall be evaluated based on their ability to meet
contract requirements (including an understanding of Federal
and State law), future performance on the contracts, and
history of compliance with applicable consumer protections
laws, including Federal and State law: 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,
including Federal and State law; and have relevant experience
and demonstrated effectiveness: Provided further, That the
Secretary shall provide quarterly briefings to the Committees
on Appropriations and Education and Labor of the House of
Representatives and the Committees on Appropriations and
Health, Education, Labor, and Pensions of the Senate on
general progress related to solicitations for Federal student
loan servicing contracts: Provided further, That FSA
[[Page H3950]]
shall strengthen transparency through expanded publication of
aggregate data on student loan and servicer performance:
Provided further, That not later than 60 days after enactment
of this Act, FSA shall provide to the Committees on
Appropriations of the House of Representatives and the Senate
a detailed spend plan of anticipated uses of funds made
available in this account for fiscal year 2022 and provide
quarterly updates on this plan (including contracts awarded,
change orders, bonuses paid to staff, reorganization costs,
and any other activity carried out using amounts provided
under this heading for fiscal year 2022): Provided further,
That the FSA Next Generation Processing and Servicing
Environment, or any new Federal student loan servicing
environment, shall include accountability measures that
account for the performance of the portfolio and contractor
compliance with FSA guidelines.
Higher Education
For carrying out, to the extent not otherwise provided,
titles II, III, IV, V, VI, VII, and VIII of the HEA, the
Mutual Educational and Cultural Exchange Act of 1961, and
section 117 of the Perkins Act, $3,430,757,000, of which
$168,015,000 shall remain available through December 31,
2022: Provided, That notwithstanding any other provision of
law, funds made available in this Act to carry out title VI
of the HEA and section 102(b)(6) of the Mutual Educational
and Cultural Exchange Act of 1961 may be used to support
visits and study in foreign countries by individuals who are
participating in advanced foreign language training and
international studies in areas that are vital to United
States national security and who plan to apply their language
skills and knowledge of these countries in the fields of
government, the professions, or international development:
Provided further, That of the funds referred to in the
preceding proviso up to 1 percent may be used for program
evaluation, national outreach, and information dissemination
activities: Provided further, That up to 1.5 percent of the
funds made available under chapter 2 of subpart 2 of part A
of title IV of the HEA may be used for evaluation: Provided
further, That section 313(d) of the HEA shall not apply to an
institution of higher education that is eligible to receive
funding under section 318 of the HEA: Provided further, That
of the amounts made available under this heading, $92,015,000
shall be used for the projects, and in the amounts, specified
under the heading ``Higher Education'' in the report
accompanying this Act, and of which up to $1,000,000 may be
used for related agency administrative expenses: 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, $411,018,000, 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, $24,150,000, 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 $328,571,000:
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 carrying out activities authorized by the Education
Sciences Reform Act of 2002, 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,
$762,465,000, which shall remain available through September
30, 2023: Provided, That funds available to carry out section
208 of the Educational Technical Assistance Act may be used
to link Statewide elementary and secondary data systems with
early childhood, postsecondary, and workforce data systems,
or to further develop such systems: Provided further, That up
to $6,000,000 of the funds available to carry out section 208
of the Educational Technical Assistance Act may be used for
awards to public or private organizations or agencies to
support activities to improve data coordination, quality, and
use at the local, State, and national levels.
Departmental Management
program administration
For carrying out, to the extent not otherwise provided, the
Department of Education Organization Act, including rental of
conference rooms in the District of Columbia and hire of
three passenger motor vehicles, $480,000,000, of which up to
$13,000,000, 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, $144,000,000.
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, $70,115,000, of which $2,000,000 shall
remain available until expended.
General Provisions
Sec. 301. No funds appropriated in this Act may be used to
prevent the implementation of programs of voluntary prayer
and meditation in the public schools.
(transfer of funds)
Sec. 302. Not to exceed 1 percent of any discretionary
funds (pursuant to the Balanced Budget and Emergency Deficit
Control Act of 1985) which are appropriated for the
Department of Education in this Act may be transferred
between appropriations, but no such appropriation shall be
increased by more than 3 percent by any such transfer:
Provided, That the transfer authority granted by this section
shall not be used to create any new program or to fund any
project or activity for which no funds are provided in this
Act: Provided further, That the Committees on Appropriations
of the House of Representatives and the Senate are notified
at least 15 days in advance of any transfer.
Sec. 303. Funds appropriated in this Act and consolidated
for evaluation purposes under section 8601(c) of the ESEA
shall be available from July 1, 2022, through September 30,
2023.
Sec. 304. (a) An institution of higher education that
maintains an endowment fund supported with funds appropriated
for title III or V of the HEA for fiscal year 2022 may use
the income from that fund to award scholarships to students,
subject to the limitation in section 331(c)(3)(B)(i) of the
HEA. The use of such income for such purposes, prior to the
enactment of this Act, shall be considered to have been an
allowable use of that income, subject to that limitation.
(b) Subsection (a) shall be in effect until titles III and
V of the HEA are reauthorized.
Sec. 305. Section 114(f) of the HEA (20 U.S.C. 1011c(f))
is amended by striking ``2021'' and inserting ``2022''.
Sec. 306. Section 458(a) of the HEA (20 U.S.C. 1087h(a))
is amended in paragraph (4) by striking ``2021'' and
inserting ``2022''.
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 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,
$229,000,000 are hereby rescinded.
Sec. 309. Of the amounts made available under this title
under the heading ``Student Aid Administration'', $2,300,000
shall be used by the Secretary of Education to conduct
outreach to borrowers of loans made under part D of title IV
of the Higher Education Act of 1965 who may intend to qualify
for loan cancellation under section 455(m) of such Act (20
U.S.C. 1087e(m)), to ensure that borrowers are meeting the
terms and conditions of such loan cancellation: Provided,
That the Secretary shall specifically conduct outreach to
assist borrowers who would qualify for loan cancellation
under section 455(m) of such Act except that the borrower has
made some, or all, of the 120 required payments under a
repayment plan that is not described under section 455(m)(A)
of such Act, to encourage borrowers to enroll in a qualifying
repayment plan: Provided further, That the Secretary shall
also communicate to all Direct Loan borrowers the full
requirements of section 455(m) of such Act and improve the
filing of employment certification by providing improved
outreach and information such as outbound calls, electronic
communications, ensuring prominent access to program
requirements and benefits on each servicer's website, and
creating an option for all borrowers to complete the entire
payment certification process electronically and on a
centralized website.
Sec. 310. For an additional amount for ``Department of
Education--Federal Direct Student Loan Program Account'',
$25,000,000, to remain available until expended, shall be for
the cost, as defined under section 502 of the Congressional
Budget Act of 1974, of the Secretary of Education providing
loan cancellation in the same manner as under section 455(m)
of the Higher Education Act of 1965 (20 U.S.C. 1087e(m)), for
borrowers of loans made under part B or 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 on one or
more loans prior to receiving a Federal Direct Consolidation
Loan under section 455(g), or in accordance with graduated or
extended repayment plans as described under subparagraph (B)
or (C) of section 455(d)(1) or the corresponding
[[Page H3951]]
repayment plan for a consolidation loan made under section
455(g): Provided further, That the total loan volume,
including outstanding principal, fees, capitalized interest,
or accrued interest, at application that is eligible for such
loan cancellation by such borrowers shall not exceed
$75,000,000: Provided further, That the Secretary shall
develop and make available a simple method for borrowers to
apply for loan cancellation under this section within 60 days
of enactment of this Act: Provided further, That the
Secretary shall provide loan cancellation under this section
to eligible borrowers on a first-come, first-serve basis,
based on the date of application and subject to both the
limitation on total loan volume at application for such loan
cancellation specified in the second proviso and the
availability of appropriations under this section: Provided
further, That no borrower may, for the same service, receive
a reduction of loan obligations under both this section and
section 428J, 428K, 428L, or 460 of such Act: Provided
further, That the Secretary shall inform all borrowers who
have submitted and Employment Certification Form and are in
the incorrect repayment program about the Temporary Expanded
Public Service Loan Forgiveness Program and requirement for
qualification under the program.
Sec. 311. None of the funds made available by this Act may
be used in contravention of section 203 of the Department of
Education Organization Act (20 U.S.C. 3413).
Sec. 312. Section 487(a) of the HEA is amended in
paragraph (24) by striking ``ten percent'' and inserting
``fifteen percent''.
Sec. 313. None of the funds made available by this Act may
be used by the Department of Education to support an
educational institution that engages in the use of electric
shock devices and equipment for aversive conditioning or
disciplining of students.
Sec. 314. None of the funds made available by this Act or
any other Act may be awarded to a charter school that
contracts with a for-profit entity to operate, oversee or
manage the activities of the school.
Sec. 315. In addition to amounts otherwise appropriated in
this title for purposes authorized by the Elementary and
Secondary Education Act of 1965, there are hereby
appropriated an additional $88,010,000 which shall be used
for the projects, and in the amounts specified under the
heading ``Innovation and Improvement'' in the report
accompanying this Act, and of which up to $1,000,000 may be
used for related agency administrative expenses: Provided,
That none of the funds made available for projects described
in this section shall be subject to section 302 of this Act.
Sec. 316. None of the funds appropriated by this title for
the Department of Education shall be withheld from an
institution of higher education solely because that
institution is conducting or preparing to conduct research on
marihuana as defined in 21 U.S.C. 802(16).
Sec. 317. (a) Section 484 of the HEA (20 U.S.C. 1091) is
amended--
(1) in subsection (a)(5) by inserting ``a DACA recipient as
defined in subsection (u), have temporary protected status
under section 244 of the Immigration and Nationality Act (8
U.S.C. 1254a),'' after ``a permanent resident of the United
States,''; and
(2) by adding at the end the following new subsection:
``(u) DACA Recipient.--In this section, the term `DACA
recipient' means an alien (as defined in section 101(a)(3) of
the Immigration and Nationality Act (8 U.S.C. 1101(a)(3)) who
is inadmissible to the United State or deportable from the
United States under the immigration laws (as defined in
section 101(a)(17) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(17)) and who the Secretary of Homeland
Security has, in his or her discretion, determined should be
afforded a grant of deferred action under the Deferred Action
for Childhood Arrivals (DACA) policy.''.
(b) This section, and the amendments made by this section,
shall take effect on July 1, 2022.
Sec. 318. Section 344(a) of the HEA (20 U.S.C. 1066c(a))
is amended by striking ``No institution of higher education
that has received assistance under section 8 of the Act of
March 2, 1867 (20 U.S.C. 123) shall be eligible to receive
assistance under this part.''.
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, $12,000,000: Provided,
That in order to authorize any central nonprofit agency
designated pursuant to section 8503(c) of title 41, United
States Code, to perform requirements of the Committee as
prescribed under section 51-3.2 of title 41, Code of Federal
Regulations, the Committee shall enter into a written
agreement with any such central nonprofit agency: Provided
further, That such agreement shall contain such auditing,
oversight, and reporting provisions as necessary to implement
chapter 85 of title 41, United States Code: Provided further,
That such agreement shall include the elements listed under
the heading ``Committee For Purchase From People Who Are
Blind or Severely Disabled--Written Agreement Elements'' in
the explanatory statement described in section 4 of Public
Law 114-113 (in the matter preceding division A of that
consolidated Act): Provided further, That any such central
nonprofit agency may not charge a fee under section 51-3.5 of
title 41, Code of Federal Regulations, prior to executing a
written agreement with the Committee: Provided further, That
no less than $3,000,000 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''), $1,021,120,000, 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) $19,538,000
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) $37,735,000 shall be available to carry out
subtitle E of the 1990 Act; and (4) $6,700,000 shall be
available for expenses authorized under section 501(a)(4)(F)
of the 1990 Act, which, notwithstanding the provisions of
section 198P shall be awarded by CNCS on a competitive basis:
Provided further, That for the purposes of carrying out the
1990 Act, satisfying the requirements in section 122(c)(1)(D)
may include a determination of need by the local community.
payment to the national service trust
(including transfer of funds)
For payment to the National Service Trust established under
subtitle D of title I of the 1990 Act, $196,000,000, to
remain available until expended: Provided, That CNCS may
transfer additional funds from the amount provided within
``Operating Expenses'' allocated to grants under subtitle C
of title I of the 1990 Act to the National Service Trust upon
determination that such transfer is necessary to support the
activities of national service participants and after notice
is transmitted to the Committees on Appropriations of the
House of Representatives and the Senate: Provided further,
That amounts appropriated for or transferred to the National
Service Trust may be invested under section 145(b) of the
1990 Act without regard to the requirement to apportion funds
under 31 U.S.C. 1513(b).
salaries and expenses
For necessary expenses of administration as provided under
section 501(a)(5) of the 1990 Act and under section 504(a) of
the 1973 Act, including payment of salaries, authorized
travel, hire of passenger motor vehicles, the rental of
conference rooms in the District of Columbia, the employment
of experts and consultants authorized under 5 U.S.C. 3109,
and not to exceed $2,500 for official reception and
representation expenses, $91,186,000.
office of inspector general
For necessary expenses of the Office of Inspector General
in carrying out the Inspector General Act of 1978,
$6,960,000.
administrative provisions
Sec. 401. CNCS shall make any significant changes to
program requirements, service delivery or policy only through
public notice and comment rulemaking. For fiscal year 2022,
during any grant selection process, an officer or employee of
CNCS shall not knowingly disclose any covered grant selection
information regarding such selection, directly or indirectly,
to any person other than an officer or employee of CNCS that
is authorized by CNCS to receive such information.
Sec. 402. AmeriCorps programs receiving grants under the
National Service Trust program shall meet an overall minimum
share requirement of 24 percent for the first 3 years that
they receive AmeriCorps funding, and thereafter shall meet
the overall minimum share requirement as provided in section
2521.60 of title 45, Code of Federal Regulations, without
regard to the operating costs match requirement in section
121(e) or the member support Federal share limitations in
section 140 of the 1990 Act, and subject to partial waiver
consistent with section 2521.70 of title 45, Code of Federal
Regulations.
Sec. 403. Donations made to CNCS under section 196 of the
1990 Act for the purposes of financing programs and
operations under titles I and II of the 1973 Act or subtitle
B, C, D, or E of title I of the 1990 Act shall be used to
supplement and not supplant current programs and operations.
Sec. 404. In addition to the requirements in section
146(a) of the 1990 Act, use of an educational award for the
purpose described in section 148(a)(4) shall be limited to
individuals who are veterans as defined under section 101 of
the Act.
Sec. 405. For the purpose of carrying out section 189D of
the 1990 Act--
(1) entities described in paragraph (a) of such section
shall be considered ``qualified entities'' under section 3 of
the National Child Protection Act of 1993 (``NCPA'');
(2) individuals described in such section shall be
considered ``volunteers'' under section 3 of NCPA; and
(3) State Commissions on National and Community Service
established pursuant to section 178 of the 1990 Act, are
authorized to receive criminal history record information,
consistent with Public Law 92-544.
Sec. 406. Notwithstanding sections 139(b), 146 and 147 of
the 1990 Act, an individual who successfully completes a term
of service of not less than 1,200 hours during a period of
not more than one year may receive a national service
education award having a value of 70 percent of the value of
a national service education award determined under section
147(a) of the Act.
[[Page H3952]]
Sec. 407. Section 148(f)(2)(A)(i) of the 1990 Act shall be
applied by substituting ``an approved national service
position'' for ``a national service program that receives
grants under subtitle C''.
Sec. 408. (a) Section 137(a)(5) of the 1990 Act shall be
applied as if the following were inserted before the period:
``, or has submitted a request for administrative relief
pursuant to the policy established in the memorandum of the
Secretary of Homeland Security dated June 15, 2012, and
entitled `Exercising Prosecutorial Discretion with Respect to
Individuals Who Came to the United States as Children'
(Deferred Action for Childhood Arrivals)''.
(b) Section 146(a)(3) of the 1990 Act shall be applied as
if the following were inserted before the period: ``, or has
submitted a request for administrative relief pursuant to the
policy established in the memorandum of the Secretary of
Homeland Security dated June 15, 2012, and entitled
`Exercising Prosecutorial Discretion with Respect to
Individuals Who Came to the United States as Children
(Deferred Action for Childhood Arrivals)''.
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,
$565,000,000: Provided, That none of the funds made available
to CPB by this Act shall be used to pay for receptions,
parties, or similar forms of entertainment for Government
officials or employees: Provided further, That none of the
funds made available to CPB by this Act shall be available or
used to aid or support any program or activity from which any
person is excluded, or is denied benefits, or is
discriminated against, on the basis of race, color, national
origin, religion, or sex: Provided further, That none of the
funds made available to CPB by this Act shall be used to
apply any political test or qualification in selecting,
appointing, promoting, or taking any other personnel action
with respect to officers, agents, and employees of CPB.
In addition, for the costs associated with replacing and
upgrading the public broadcasting interconnection system and
other technologies and services that create infrastructure
and efficiencies within the public media system, $20,000,000.
Federal Mediation and Conciliation Service
salaries and expenses
For expenses necessary for the Federal Mediation and
Conciliation Service (``Service'') to carry out the functions
vested in it by the Labor-Management Relations Act, 1947,
including hire of passenger motor vehicles; for expenses
necessary for the Labor-Management Cooperation Act of 1978;
and for expenses necessary for the Service to carry out the
functions vested in it by the Civil Service Reform Act,
$50,000,000: 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, the National Museum of African American History and
Culture Act, and the National Museum of the American Latino
Act, $282,000,000.
Medicaid and CHIP Payment and Access Commission
salaries and expenses
For expenses necessary to carry out section 1900 of the
Social Security Act, $9,350,000.
Medicare Payment Advisory Commission
salaries and expenses
For expenses necessary to carry out section 1805 of the
Social Security Act, $13,310,000, to be transferred to this
appropriation from the Federal Hospital Insurance Trust Fund
and the Federal Supplementary Medical Insurance Trust Fund.
National Council on Disability
salaries and expenses
For expenses necessary for the National Council on
Disability as authorized by title IV of the Rehabilitation
Act of 1973, $3,750,000.
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, $316,925,000
of which not less than $1,000,000 shall be used to develop a
system and procedures to conduct union representation
elections electronically.
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, $15,542,000.
Occupational Safety and Health Review Commission
salaries and expenses
For expenses necessary for the Occupational Safety and
Health Review Commission, $15,028,000.
Railroad Retirement Board
dual benefits payments account
For payment to the Dual Benefits Payments Account,
authorized under section 15(d) of the Railroad Retirement Act
of 1974, $11,000,000, which shall include amounts becoming
available in fiscal year 2022 pursuant to section
224(c)(1)(B) of Public Law 98-76; and in addition, an amount,
not to exceed 2 percent of the amount provided herein, shall
be available proportional to the amount by which the product
of recipients and the average benefit received exceeds the
amount available for payment of vested dual benefits:
Provided, That the total amount provided herein shall be
credited in 12 approximately equal amounts on the first day
of each month in the fiscal year.
federal payments to the railroad retirement accounts
For payment to the accounts established in the Treasury for
the payment of benefits under the Railroad Retirement Act for
interest earned on unnegotiated checks, $150,000, to remain
available through September 30, 2023, which shall be the
maximum amount available for payment pursuant to section 417
of Public Law 98-76.
limitation on administration
For necessary expenses for the Railroad Retirement Board
(``Board'') for administration of the Railroad Retirement Act
and the Railroad Unemployment Insurance Act, $130,049,000, to
be derived in such amounts as determined by the Board from
the railroad retirement accounts and from moneys credited to
the railroad unemployment insurance administration fund:
Provided, That notwithstanding section 7(b)(9) of the
Railroad Retirement Act this limitation may be used to hire
attorneys only through the excepted service: Provided
further, That the previous proviso shall not change the
status under Federal employment laws of any attorney hired by
the Railroad Retirement Board prior to January 1, 2013:
Provided further, That notwithstanding section 7(b)(9) of the
Railroad Retirement Act, this limitation may be used to hire
students attending qualifying educational institutions or
individuals who have recently completed qualifying
educational programs using current excepted hiring
authorities established by the Office of Personnel
Management.
limitation on the office of inspector general
For expenses necessary for the Office of Inspector General
for audit, investigatory and review activities, as authorized
by the Inspector General Act of 1978, not more than
$12,650,000, to be derived from the railroad retirement
accounts and railroad unemployment insurance account.
Social Security Administration
payments to social security trust funds
For payment to the Federal Old-Age and Survivors Insurance
Trust Fund and the Federal Disability Insurance Trust Fund,
as provided under sections 201(m) and 1131(b)(2) of the
Social Security Act, $11,000,000.
supplemental security income program
For carrying out titles XI and XVI of the Social Security
Act, section 401 of Public Law 92-603, section 212 of Public
Law 93-66, as amended, and section 405 of Public Law 95-216,
including payment to the Social Security trust funds for
administrative expenses incurred pursuant to section
201(g)(1) of the Social Security Act, $46,167,573,000, to
remain available until expended: Provided, That any portion
of the funds provided to a State in the current fiscal year
and not obligated by the State during that year shall be
returned to the Treasury: Provided further, That not more
than $86,000,000 shall be available for research and
demonstrations under sections 1110, 1115, and 1144 of the
Social Security Act, and remain available through September
30, 2024.
For making, after June 15 of the current fiscal year,
benefit payments to individuals under title XVI of the Social
Security Act, for unanticipated costs incurred for the
current fiscal year, such sums as may be necessary.
For making benefit payments under title XVI of the Social
Security Act for the first quarter of fiscal year 2023,
$15,600,000,000, to remain available until expended.
limitation on administrative expenses
For necessary expenses, including the hire and purchase of
two passenger motor vehicles, and not to exceed $20,000 for
official reception and representation expenses, not more than
$13,927,945,000 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 $2,700,000 shall be for the Social Security
Advisory Board: Provided further, That unobligated balances
of funds provided under this paragraph at the end of fiscal
year 2022 not needed for fiscal year 2022 shall remain
available until expended to invest in the Social Security
Administration information technology and telecommunications
hardware and software infrastructure, including related
equipment and non-payroll administrative expenses associated
solely with this information technology and
telecommunications infrastructure: Provided further, That the
Commissioner of Social Security shall notify the Committees
on Appropriations of the House of Representatives and the
Senate prior to making unobligated balances available
[[Page H3953]]
under the authority in the previous proviso: Provided
further, That reimbursement to the trust funds under this
heading for expenditures for official time for employees of
the Social Security Administration pursuant to 5 U.S.C. 7131,
and for facilities or support services for labor
organizations pursuant to policies, regulations, or
procedures referred to in section 7135(b) of such title shall
be made by the Secretary of the Treasury, with interest, from
amounts in the general fund not otherwise appropriated, as
soon as possible after such expenditures are made.
Of the total amount made available in the first paragraph
under this heading, $1,708,000,000, to remain available
through March 31, 2023, is for the costs associated with
continuing disability reviews under titles II and XVI of the
Social Security Act, including work-related continuing
disability reviews to determine whether earnings derived from
services demonstrate an individual's ability to engage in
substantial gainful activity, for the cost associated with
conducting redeterminations of eligibility under title XVI of
the Social Security Act, for the cost of co-operative
disability investigation units, and for the cost associated
with the prosecution of fraud in the programs and operations
of the Social Security Administration by Special Assistant
United States Attorneys: Provided, That, of such amount,
$273,000,000 is provided to meet the terms of section 1(k) of
H. Res. 467 of the 117th Congress as engrossed in the House
of Representatives on June 14, 2021, and $1,435,000,000 is
additional new budget authority specified for purposes of
such section 1(k): Provided further, That, of the additional
new budget authority described in the preceding proviso, up
to $12,100,000 may be transferred to the ``Office of
Inspector General'', Social Security Administration, for the
cost of jointly operated co-operative disability
investigation units: Provided further, That such transfer
authority is in addition to any other transfer authority
provided by law: Provided further, That the Commissioner
shall provide to the Congress (at the conclusion of the
fiscal year) a report on the obligation and expenditure of
these funds, similar to the reports that were required by
section 103(d)(2) of Public Law 104-121 for fiscal years 1996
through 2002.
In addition, $138,000,000 to be derived from administration
fees in excess of $5.00 per supplementary payment collected
pursuant to section 1616(d) of the Social Security Act or
section 212(b)(3) of Public Law 93-66, which shall remain
available until expended: Provided, That to the extent that
the amounts collected pursuant to such sections in fiscal
year 2022 exceed $138,000,000, the amounts shall be available
in fiscal year 2023 only to the extent provided in advance in
appropriations Acts.
In addition, up to $1,000,000 to be derived from fees
collected pursuant to section 303(c) of the Social Security
Protection Act, which shall remain available until expended.
office of inspector general
(including transfer of funds)
For expenses necessary for the Office of Inspector General
in carrying out the provisions of the Inspector General Act
of 1978, $32,000,000, together with not to exceed
$80,000,000, 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 associate with information technology
modernization.
In addition, an amount not to exceed 3 percent of the total
provided in this appropriation may be transferred from the
``Limitation on Administrative Expenses'', Social Security
Administration, to be merged with this account, to be
available for the time and purposes for which this account is
available: Provided, That notice of such transfers shall be
transmitted promptly to the Committees on Appropriations of
the House of Representatives and the Senate at least 15 days
in advance of any transfer.
TITLE V
GENERAL PROVISIONS
(transfer of funds)
Sec. 501. The Secretaries of Labor, Health and Human
Services, and Education are authorized to transfer unexpended
balances of prior appropriations to accounts corresponding to
current appropriations provided in this Act. Such transferred
balances shall be used for the same purpose, and for the same
periods of time, for which they were originally appropriated.
Sec. 502. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year unless expressly so provided herein.
Sec. 503. (a) No part of any appropriation contained in
this Act or transferred pursuant to section 4002 of Public
Law 111-148 shall be used, other than for normal and
recognized executive-legislative relationships, for publicity
or propaganda purposes, for the preparation, distribution, or
use of any kit, pamphlet, booklet, publication, electronic
communication, radio, television, or video presentation
designed to support or defeat the enactment of legislation
before the Congress or any State or local legislature or
legislative body, except in presentation to the Congress or
any State or local legislature itself, or designed to support
or defeat any proposed or pending regulation, administrative
action, or order issued by the executive branch of any State
or local government, except in presentation to the executive
branch of any State or local government itself.
(b) No part of any appropriation contained in this Act or
transferred pursuant to section 4002 of Public Law 111-148
shall be used to pay the salary or expenses of any grant or
contract recipient, or agent acting for such recipient,
related to any activity designed to influence the enactment
of legislation, appropriations, regulation, administrative
action, or Executive order proposed or pending before the
Congress or any State government, State legislature or local
legislature or legislative body, other than for normal and
recognized executive-legislative relationships or
participation by an agency or officer of a State, local or
tribal government in policymaking and administrative
processes within the executive branch of that government.
(c) The prohibitions in subsections (a) and (b) shall
include any activity to advocate or promote any proposed,
pending or future Federal, State or local tax increase, or
any proposed, pending, or future requirement or restriction
on any legal consumer product, including its sale or
marketing, including but not limited to the advocacy or
promotion of gun control.
Sec. 504. The Secretaries of Labor and Education are
authorized to make available not to exceed $28,000 and
$20,000, respectively, from funds available for salaries and
expenses under titles I and III, respectively, for official
reception and representation expenses; the Director of the
Federal Mediation and Conciliation Service is authorized to
make available for official reception and representation
expenses not to exceed $5,000 from the funds available for
``Federal Mediation and Conciliation Service, Salaries and
Expenses''; and the Chairman of the National Mediation Board
is authorized to make available for official reception and
representation expenses not to exceed $5,000 from funds
available for ``National Mediation Board, Salaries and
Expenses''.
Sec. 505. When issuing statements, press releases,
requests for proposals, bid solicitations and other documents
describing projects or programs funded in whole or in part
with Federal money, all grantees receiving Federal funds
included in this Act, including but not limited to State and
local governments and recipients of Federal research grants,
shall clearly state--
(1) the percentage of the total costs of the program or
project which will be financed with Federal money;
(2) the dollar amount of Federal funds for the project or
program; and
(3) percentage and dollar amount of the total costs of the
project or program that will be financed by non-governmental
sources.
Sec. 506. (a) None of the funds made available in this Act
may be used for--
(1) the creation of a human embryo or embryos for research
purposes; or
(2) research in which a human embryo or embryos are
destroyed, discarded, or knowingly subjected to risk of
injury or death greater than that allowed for research on
fetuses in utero under 45 CFR 46.204(b) and section 498(b) of
the Public Health Service Act (42 U.S.C. 289g(b)).
(b) For purposes of this section, the term ``human embryo
or embryos'' includes any organism, not protected as a human
subject under 45 CFR 46 as of the date of the enactment of
this Act, that is derived by fertilization, parthenogenesis,
cloning, or any other means from one or more human gametes or
human diploid cells.
Sec. 507. (a) None of the funds made available in this Act
may be used for any activity that promotes the legalization
of any drug or other substance included in schedule I of the
schedules of controlled substances established under section
202 of the Controlled Substances Act except for normal and
recognized executive-congressional communications.
(b) The limitation in subsection (a) shall not apply when
there is significant medical evidence of a therapeutic
advantage to the use of such drug or other substance or that
federally sponsored clinical trials are being conducted to
determine therapeutic advantage.
Sec. 508. None of the funds made available in this Act may
be obligated or expended to enter into or renew a contract
with an entity if--
(1) such entity is otherwise a contractor with the United
States and is subject to the requirement in 38 U.S.C. 4212(d)
regarding submission of an annual report to the Secretary of
Labor concerning employment of certain veterans; and
(2) such entity has not submitted a report as required by
that section for the most recent year for which such
requirement was applicable to such entity.
Sec. 509. 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. 510. None of the funds made available by this Act to
carry out the Library Services and Technology Act may be made
available to any library covered by paragraph (1) of section
224(f) of such Act, as amended by the Children's Internet
Protection Act, unless such library has made the
certifications required by paragraph (4) of such section.
Sec. 511. (a) None of the funds provided under this Act, or
provided under previous appropriations Acts to the agencies
funded by this Act that remain available for obligation or
expenditure in fiscal year 2022, or provided from any
accounts in the Treasury of the United States derived by the
collection of fees available to the agencies funded by this
Act, shall be available for obligation or expenditure through
a reprogramming of funds that--
(1) creates new programs;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel by any means for any
project or activity for which funds have been denied or
restricted;
(4) relocates an office or employees;
(5) reorganizes or renames offices;
(6) reorganizes programs or activities; or
(7) contracts out or privatizes any functions or activities
presently performed by Federal employees;
[[Page H3954]]
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. 512. (a) None of the funds made available in this Act
may be used to request that a candidate for appointment to a
Federal scientific advisory committee disclose the political
affiliation or voting history of the candidate or the
position that the candidate holds with respect to political
issues not directly related to and necessary for the work of
the committee involved.
(b) None of the funds made available in this Act may be
used to disseminate information that is deliberately false or
misleading.
Sec. 513. Within 45 days of enactment of this Act, each
department and related agency funded through this Act shall
submit an operating plan that details at the program,
project, and activity level any funding allocations for
fiscal year 2022 that are different than those specified in
this Act, the report accompanying this Act, or the fiscal
year 2022 budget request.
Sec. 514. The Secretaries of Labor, Health and Human
Services, and Education shall each prepare and submit to the
Committees on Appropriations of the House of Representatives
and the Senate a report on the number and amount of
contracts, grants, and cooperative agreements exceeding
$500,000, individually or in total for a particular project,
activity, or programmatic initiative, in value and awarded by
the Department on a non-competitive basis during each quarter
of fiscal year 2022, but not to include grants awarded on a
formula basis or directed by law. Such report shall include
the name of the contractor or grantee, the amount of funding,
the governmental purpose, including a justification for
issuing the award on a non-competitive basis. Such report
shall be transmitted to the Committees within 30 days after
the end of the quarter for which the report is submitted.
Sec. 515. 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. 516. None of the funds appropriated by this Act may
be used by the Commissioner of Social Security or the Social
Security Administration to pay the compensation of employees
of the Social Security Administration to administer Social
Security benefit payments, under any agreement between the
United States and Mexico establishing totalization
arrangements between the social security system established
by title II of the Social Security Act and the social
security system of Mexico, which would not otherwise be
payable but for such agreement.
Sec. 517. (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. 518. 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. 519. 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. 520. (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, and section
524 of division A of Public Law 116-94.
(c) Pilot sites selected under authorities in this Act and
prior appropriations Acts may be granted by relevant agencies
up to an additional 5 years to operate under such
authorities.
Sec. 521. Not later than 30 days after the end of each
calendar quarter, beginning with the first month of fiscal
year 2022 the Departments of Labor, Health and Human Services
and Education and the Social Security Administration shall
provide the Committees on Appropriations of the House of
Representatives and Senate a report on the status of balances
of appropriations: Provided, That for balances that are
unobligated and uncommitted, committed, and obligated but
unexpended, the monthly reports shall separately identify the
amounts attributable to each source year of appropriation
(beginning with fiscal year 2012, or, to the extent feasible,
earlier fiscal years) from which balances were derived.
Sec. 522. The Departments of Labor, Health and Human
Services, or 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. 523. Each department and related agency funded
through this Act shall provide answers to questions submitted
for the record by members of the Committee within 45 business
days after receipt.
Sec. 524. 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,
$13,715,000,000 shall not be available for obligation in this
fiscal year.
Sec. 525. None of the funds appropriated in this Act may
be used to implement or enforce the final rule entitled
``Hearings Held by Administrative Appeals Judges of the
Appeals Council'' (85 Fed. Reg. 73138, December 16, 2020).
Sec. 526. 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.
Sec. 527. None of the funds made available by this Act may
be used, either directly or indirectly, to conduct or support
any gain-of-function research involving a potential pandemic
pathogen by a foreign adversary including China, Russia,
Iran, and North Korea.
This division may be cited as the ``Departments of Labor,
Health and Human Services, and Education, and Related
Agencies Appropriations Act, 2022''.
DIVISION B--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,
$64,755,000, of which not to exceed $10,203,000 shall be
available for the immediate Office of the Secretary, of which
$4,500,000 shall remain available until expended for
activities relating to climate change, including coordinating
such activities across the Department; not to exceed
$4,749,000 shall be available for the Office of Homeland
Security; not to exceed $2,860,000 shall be available for the
Office of Tribal Relations; not to exceed $9,294,000 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 $1,649,000 shall be available for
the Office of the Assistant Secretary for Administration; not
to exceed $24,036,000 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
[[Page H3955]]
branch; and not to exceed $7,484,000 shall be available for
the Office of Communications: Provided further, That the
Secretary of Agriculture is authorized to transfer funds
appropriated for any office of the Office of the Secretary to
any other office of the Office of the Secretary: Provided
further, That no appropriation for any office shall be
increased or decreased by more than 5 percent: Provided
further, That not to exceed $22,000 of the amount made
available under this paragraph for the immediate Office of
the Secretary shall be available for official reception and
representation expenses, not otherwise provided for, as
determined by the Secretary: Provided further, That the
amount made available under this heading for Departmental
Administration shall be reimbursed from applicable
appropriations in this Act for travel expenses incident to
the holding of hearings as required by 5 U.S.C. 551-558:
Provided further, That funds made available under this
heading for the Office of the Assistant Secretary for
Congressional Relations and Intergovernmental Affairs shall
be transferred to agencies of the Department of Agriculture
funded by this Act to maintain personnel at the agency level:
Provided further, That 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, $26,399,000, of which not more than $5,000,000
shall be for grants or cooperative agreements for policy
research under 7 U.S.C. 3155, and of which $4,400,000 shall
remain available until expended for activities relating to
climate change, including coordinating such activities across
the Department.
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, $12,760,000.
Office of the Chief Information Officer
For necessary expenses of the Office of the Chief
Information Officer, $84,746,000, of which not less than
$69,672,000 is for cybersecurity requirements of the
department.
Office of the Chief Financial Officer
For necessary expenses of the Office of the Chief Financial
Officer, $7,118,000.
Office of the Assistant Secretary for Civil Rights
For necessary expenses of the Office of the Assistant
Secretary for Civil Rights, $1,426,000: Provided, That funds
made available by this Act to an agency in the Civil Rights
mission area for salaries and expenses are available to fund
up to one administrative support staff for the Office.
Office of Civil Rights
For necessary expenses of the Office of Civil Rights,
$35,328,000.
Agriculture Buildings and Facilities
(including transfers of funds)
For payment of space rental and related costs pursuant to
Public Law 92-313, including authorities pursuant to the 1984
delegation of authority from the Administrator of General
Services to the Department of Agriculture under 40 U.S.C.
121, for programs and activities of the Department which are
included in this Act, and for alterations and other actions
needed for the Department and its agencies to consolidate
unneeded space into configurations suitable for release to
the Administrator of General Services, and for the operation,
maintenance, improvement, and repair of Agriculture buildings
and facilities, and for related costs, $180,623,000, to
remain available until expended, of which $12,500,000 shall
be available for the hire and purchase of passenger motor
vehicles.
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.),
$8,540,000, 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, $60,723,000.
Office of Ethics
For necessary expenses of the Office of Ethics, $4,277,000.
Office of the Under Secretary for Research, Education, and Economics
For necessary expenses of the Office of the Under Secretary
for Research, Education, and Economics, $4,327,000: 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, $2,000,000 shall
be made available for the Office of the Chief Scientist.
Economic Research Service
For necessary expenses of the Economic Research Service,
$88,594,000.
National Agricultural Statistics Service
For necessary expenses of the National Agricultural
Statistics Service, $189,175,000, of which up to $46,850,000
shall be available until expended for the Census of
Agriculture: Provided, That amounts made available for the
Census of Agriculture may be used to conduct Current
Industrial Report surveys subject to 7 U.S.C. 2204g(d) and
(f).
Agricultural Research Service
salaries and expenses
For necessary expenses of the Agricultural Research Service
and for acquisition of lands by donation, exchange, or
purchase at a nominal cost not to exceed $100, and for land
exchanges where the lands exchanged shall be of equal value
or shall be equalized by a payment of money to the grantor
which shall not exceed 25 percent of the total value of the
land or interests transferred out of Federal ownership,
$1,638,046,000, of which $70,000,000 is for activities
related to climate change, including $50,000,000 for climate
science and $20,000,000 for clean energy: Provided, That
appropriations hereunder shall be available for the operation
and maintenance of aircraft and the purchase of not to exceed
one for replacement only: Provided further, That
appropriations hereunder shall be available pursuant to 7
U.S.C. 2250 for the construction, alteration, and repair of
buildings and improvements, but unless otherwise provided,
the cost of constructing any one building shall not exceed
$500,000, except for headhouses or greenhouses which shall
each be limited to $1,800,000, except for 10 buildings to be
constructed or improved at a cost not to exceed $1,100,000
each, and except for four buildings to be constructed at a
cost not to exceed $5,000,000 each, and the cost of altering
any one building during the fiscal year shall not exceed 10
percent of the current replacement value of the building or
$500,000, whichever is greater: Provided further, That
appropriations hereunder shall be available for entering into
lease agreements at any Agricultural Research Service
location for the construction of a research facility by a
non-Federal entity for use by the Agricultural Research
Service and a condition of the lease shall be that any
facility shall be owned, operated, and maintained by the non-
Federal entity and shall be removed upon the expiration or
termination of the lease agreement: Provided further, That
the limitations on alterations contained in this Act shall
not apply to modernization or replacement of existing
facilities at Beltsville, Maryland: Provided further, That
appropriations hereunder shall be available for granting
easements at the Beltsville Agricultural Research Center:
Provided further, That the foregoing limitations shall not
apply to replacement of buildings needed to carry out the Act
of April 24, 1948 (21 U.S.C. 113a): Provided further, That
appropriations hereunder shall be available for granting
easements at any Agricultural Research Service location for
the construction of a research facility by a non-Federal
entity for use by, and acceptable to, the Agricultural
Research Service and a condition of the easements shall be
that upon completion the facility shall be accepted by the
Secretary, subject to the availability of funds herein, if
the Secretary finds that acceptance of the facility is in the
interest of the United States: Provided further, That funds
may be received from any State, other political subdivision,
organization, or individual for the purpose of establishing
or operating any research facility or research project of the
Agricultural Research Service, as authorized by law.
buildings and facilities
For the acquisition of land, construction, repair,
improvement, extension, alteration, and purchase of fixed
equipment or facilities as necessary to carry out the
agricultural research programs of the Department of
Agriculture, where not otherwise provided, $126,505,000 to
remain available until expended, of which $20,000,000 shall
be allocated for ARS facilities co-located with university
partners, and of which $46,700,000 shall be for the purposes,
and in the amounts, specified for this account in the table
titled ``Community Project Funding'' in the report to
accompany this 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, $1,061,309,000, 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 report accompanying this Act:
Provided, That funds for research grants for 1994
institutions, education grants for 1890 institutions,
Hispanic serving institutions education grants, capacity
[[Page H3956]]
building for non-land-grant colleges of agriculture, the
agriculture and food research initiative, veterinary medicine
loan repayment, multicultural scholars, graduate fellowship
and institution challenge grants, grants management systems,
tribal colleges education equity grants, and scholarships at
1890 institutions shall remain available until expended:
Provided further, That each institution eligible to receive
funds under the Evans-Allen program receives no less than
$1,000,000: Provided further, That funds for education grants
for Alaska Native and Native Hawaiian-serving institutions be
made available to individual eligible institutions or
consortia of eligible institutions with funds awarded equally
to each of the States of Alaska and Hawaii: Provided further,
That funds for providing grants for food and agricultural
sciences for Alaska Native and Native Hawaiian-Serving
institutions and for Insular Areas shall remain available
until September 30, 2023: Provided further, That funds for
education grants for 1890 institutions shall be made
available to institutions eligible to receive funds under 7
U.S.C. 3221 and 3222: Provided further, That not more than 5
percent of the amounts made available by this or any other
Act to carry out the Agriculture and Food Research Initiative
under 7 U.S.C. 3157 may be retained by the Secretary of
Agriculture to pay administrative costs incurred by the
Secretary in carrying out that authority: Provided further,
That of amounts available under this heading, $35,000,000
shall be for climate change research.
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, $553,495,000, 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 report accompanying this 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
report accompanying this Act: Provided, That funds for the
Food and Agriculture Defense Initiative shall remain
available until September 30, 2023: Provided further, That
notwithstanding any other provision of law, indirect costs
shall not be charged against any Extension Implementation
Program Area grant awarded under the Crop Protection/Pest
Management Program (7 U.S.C. 7626).
Office of the Under Secretary for Marketing and Regulatory Programs
For necessary expenses of the Office of the Under Secretary
for Marketing and Regulatory Programs, $1,577,000: Provided,
That funds made available by this Act to an agency in the
Marketing and Regulatory Programs mission area for salaries
and expenses are available to fund up to one administrative
support staff for the Office.
Animal and Plant Health Inspection Service
salaries and expenses
(including transfers of funds)
For necessary expenses of the Animal and Plant Health
Inspection Service, including up to $30,000 for
representation allowances and for expenses pursuant to the
Foreign Service Act of 1980 (22 U.S.C. 4085), $1,121,427,000,
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 $16,830,000, 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 $212,842,000, to remain available
until expended, shall be for specialty crop pests; of which,
$14,137,000, to remain available until expended, shall be for
field crop and rangeland ecosystem pests; of which
$24,282,000, to remain available until expended, shall be for
zoonotic disease management; of which $38,880,000, 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 $5,000,000, to
remain available until expended, shall be for invasive
species control in coordination with other Federal agencies
and the Civilian Climate Corps; of which up to $1,500,000, to
remain available until expended, shall be for the scrapie
program for indemnities; of which $2,500,000, to remain
available until expended, shall be for the wildlife damage
management program for aviation safety: Provided, That 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 $21,307,000, to
remain available until expended, shall be used to carry out
the science program and transition activities for the
National Bio and Agro-defense Facility located in Manhattan,
Kansas: Provided further, That no funds shall be used to
formulate or administer a brucellosis eradication program for
the current fiscal year that does not require minimum
matching by the States of at least 40 percent: Provided
further, That this appropriation shall be available for the
purchase, replacement, operation, and maintenance of
aircraft: Provided further, That in addition, in emergencies
which threaten any segment of the agricultural production
industry of the United States, the Secretary may transfer
from other appropriations or funds available to the agencies
or corporations of the Department such sums as may be deemed
necessary, to be available only in such emergencies for the
arrest and eradication of contagious or infectious disease or
pests of animals, poultry, or plants, and for expenses in
accordance with sections 10411 and 10417 of the Animal Health
Protection Act (7 U.S.C. 8310 and 8316) and sections 431 and
442 of the Plant Protection Act (7 U.S.C. 7751 and 7772), and
any unexpended balances of funds transferred for such
emergency purposes in the preceding fiscal year shall be
merged with such transferred amounts: Provided further, That
appropriations hereunder shall be available pursuant to law
(7 U.S.C. 2250) for the repair and alteration of leased
buildings and improvements, but unless otherwise provided the
cost of altering any one building during the fiscal year
shall not exceed 10 percent of the current replacement value
of the building.
In fiscal year 2022, the agency is authorized to collect
fees to cover the total costs of providing technical
assistance, goods, or services requested by States, other
political subdivisions, domestic and international
organizations, foreign governments, or individuals, provided
that such fees are structured such that any entity's
liability for such fees is reasonably based on the technical
assistance, goods, or services provided to the entity by the
agency, and such fees shall be reimbursed to this account, to
remain available until expended, without further
appropriation, for providing such assistance, goods, or
services.
buildings and facilities
For plans, construction, repair, preventive maintenance,
environmental support, improvement, extension, alteration,
and purchase of fixed equipment or facilities, as authorized
by 7 U.S.C. 2250, and acquisition of land as authorized by 7
U.S.C. 2268a, $3,175,000, to remain available until expended.
Agricultural Marketing Service
marketing services
For necessary expenses of the Agricultural Marketing
Service, $223,157,000, of which $7,000,000 shall be available
for the purposes of section 12306 of Public Law 113-79, and
of which $25,000,000 shall be available until expended to
carry out section 12513 of Public Law 115-334: Provided, That
this appropriation shall be available pursuant to law (7
U.S.C. 2250) for the alteration and repair of buildings and
improvements, but the cost of altering any one building
during the fiscal year shall not exceed 10 percent of the
current replacement value of the building.
Fees may be collected for the cost of standardization
activities, as established by regulation pursuant to law (31
U.S.C. 9701), except for the cost of activities relating to
the development or maintenance of grain standards under the
United States Grain Standards Act, 7 U.S.C. 71 et seq.
limitation on administrative expenses
Not to exceed $61,786,000 (from fees collected) shall be
obligated during the current fiscal year for administrative
expenses: Provided, That if crop size is understated and/or
other uncontrollable events occur, the agency may exceed this
limitation by up to 10 percent with notification to the
Committees on Appropriations of both Houses of Congress.
funds for strengthening markets, income, and supply (section 32)
(including transfers of funds)
Funds available under section 32 of the Act of August 24,
1935 (7 U.S.C. 612c), shall be used only for commodity
program expenses as authorized therein, and other related
operating expenses, except for: (1) transfers to the
Department of Commerce as authorized by the Fish and Wildlife
Act of 1956 (16 U.S.C. 742a et seq.); (2) transfers otherwise
provided in this Act; and (3) not more than $20,817,000 for
formulation and administration of marketing agreements and
orders pursuant to the Agricultural Marketing Agreement Act
of 1937 and the Agricultural Act of 1961 (Public Law 87-128).
payments to states and possessions
For payments to departments of agriculture, bureaus and
departments of markets, and similar agencies for marketing
activities under section 204(b) of the Agricultural Marketing
Act of 1946 (7 U.S.C. 1623(b)), $1,235,000.
limitation on inspection and weighing services expenses
Not to exceed $55,000,000 (from fees collected) shall be
obligated during the current fiscal year for inspection and
weighing services: Provided,
[[Page H3957]]
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), $1,153,064,000; and in
addition, $1,000,000 may be credited to this account from
fees collected for the cost of laboratory accreditation as
authorized by section 1327 of the Food, Agriculture,
Conservation and Trade Act of 1990 (7 U.S.C. 138f): Provided,
That funds provided for the Public Health Data Communication
Infrastructure system shall remain available until expended:
Provided further, That no fewer than 148 full-time equivalent
positions shall be employed during fiscal year 2022 for
purposes dedicated solely to inspections and enforcement
related to the Humane Methods of Slaughter Act (7 U.S.C. 1901
et seq.): Provided further, That the Food Safety and
Inspection Service shall continue implementation of section
11016 of Public Law 110-246 as further clarified by the
amendments made in section 12106 of Public Law 113-79:
Provided further, That this appropriation shall be available
pursuant to law (7 U.S.C. 2250) for the alteration and repair
of buildings and improvements, but the cost of altering any
one building during the fiscal year shall not exceed 10
percent of the current replacement value of the building.
TITLE II
FARM PRODUCTION AND CONSERVATION PROGRAMS
Office of the Under Secretary for Farm Production and Conservation
For necessary expenses of the Office of the Under Secretary
for Farm Production and Conservation, $1,687,000: Provided,
That funds made available by this Act to an agency in the
Farm Production and Conservation mission area for salaries
and expenses are available to fund up to one administrative
support staff for the Office.
Farm Production and Conservation Business Center
salaries and expenses
(including transfers of funds)
For necessary expenses of the Farm Production and
Conservation Business Center, $238,177,000: Provided, That
$60,228,000 of amounts appropriated for the current fiscal
year pursuant to section 1241(a) of the Farm Security and
Rural Investment Act of 1985 (16 U.S.C. 3841(a)) shall be
transferred to and merged with this account.
Farm Service Agency
salaries and expenses
(including transfers of funds)
For necessary expenses of the Farm Service Agency,
$1,175,670,000: Provided, That not more than 50 percent of
the funding made available under this heading for information
technology related to farm program delivery may be obligated
until the Secretary submits to the Committees on
Appropriations of both Houses of Congress, and receives
written or electronic notification of receipt from such
Committees of, a plan for expenditure that (1) identifies for
each project/investment over $25,000 (a) the functional and
performance capabilities to be delivered and the mission
benefits to be realized, (b) the estimated lifecycle cost for
the entirety of the project/investment, including estimates
for development as well as maintenance and operations, and
(c) key milestones to be met; (2) demonstrates that each
project/investment is, (a) consistent with the Farm Service
Agency Information Technology Roadmap, (b) being managed in
accordance with applicable lifecycle management policies and
guidance, and (c) subject to the applicable Department's
capital planning and investment control requirements; and (3)
has been reviewed by the Government Accountability Office and
approved by the Committees on Appropriations of both Houses
of Congress: Provided further, That the agency shall submit a
report by the end of the fourth quarter of fiscal year 2022
to the Committees on Appropriations and the Government
Accountability Office, that identifies for each project/
investment that is operational (a) current performance
against key indicators of customer satisfaction, (b) current
performance of service level agreements or other technical
metrics, (c) current performance against a pre-established
cost baseline, (d) a detailed breakdown of current and
planned spending on operational enhancements or upgrades, and
(e) an assessment of whether the investment continues to meet
business needs as intended as well as alternatives to the
investment: Provided further, That the Secretary is
authorized to use the services, facilities, and authorities
(but not the funds) of the Commodity Credit Corporation to
make program payments for all programs administered by the
Agency: Provided further, That other funds made available to
the Agency for authorized activities may be advanced to and
merged with this account: Provided further, That funds made
available to county committees shall remain available until
expended: Provided further, That none of the funds available
to the Farm Service Agency shall be used to close Farm
Service Agency county offices: Provided further, That none of
the funds available to the Farm Service Agency shall be used
to permanently relocate county based employees that would
result in an office with two or fewer employees without prior
notification and approval of the Committees on Appropriations
of both Houses of Congress.
state mediation grants
For grants pursuant to section 502(b) of the Agricultural
Credit Act of 1987, as amended (7 U.S.C. 5101-5106),
$6,914,000.
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).
agricultural credit insurance fund program account
(including transfers of funds)
For gross obligations for the principal amount of direct
and guaranteed farm ownership (7 U.S.C. 1922 et seq.) and
operating (7 U.S.C. 1941 et seq.) loans, emergency loans (7
U.S.C. 1961 et seq.), Indian tribe land acquisition loans (25
U.S.C. 5136), boll weevil loans (7 U.S.C. 1989), guaranteed
conservation loans (7 U.S.C. 1924 et seq.), relending program
(7 U.S.C. 1936c), and Indian highly fractionated land loans
(25 U.S.C. 5136) to be available from funds in the
Agricultural Credit Insurance Fund, as follows:
$3,500,000,000 for guaranteed farm ownership loans and
$2,800,000,000 for farm ownership direct loans;
$2,118,482,000 for unsubsidized guaranteed operating loans
and $1,633,333,000 for direct operating loans; emergency
loans, $37,668,000; Indian tribe land acquisition loans,
$20,000,000; guaranteed conservation loans, $150,000,000;
relending program, $61,425,000; Indian highly fractionated
land loans, $5,000,000; and for boll weevil eradication
program loans, $60,000,000: Provided, That the Secretary
shall deem the pink bollworm to be a boll weevil for the
purpose of boll weevil eradication program loans.
For the cost of direct and guaranteed loans and grants,
including the cost of modifying loans as defined in section
502 of the Congressional Budget Act of 1974, as follows:
$40,017,000 for direct farm operating loans, $16,524,000 for
unsubsidized guaranteed farm operating loans, $267,000 for
emergency loans, $5,000,000 for the relending program, and
$407,000 for Indian highly fractionated land loans, to remain
available until expended.
In addition, for administrative expenses necessary to carry
out the direct and guaranteed loan programs, $314,772,000:
Provided, That of this amount, $294,114,000 shall be
transferred to and merged with the appropriation for ``Farm
Service Agency, Salaries and Expenses''.
Funds appropriated by this Act to the Agricultural Credit
Insurance Program Account for farm ownership, operating and
conservation direct loans and guaranteed loans may be
transferred among these programs: Provided, That the
Committees on Appropriations of both Houses of Congress are
notified at least 15 days in advance of any transfer.
Risk Management Agency
salaries and expenses
For necessary expenses of the Risk Management Agency,
$66,957,000: 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): Provided further, That $2,250,000 of the
amount appropriated under this heading shall be available to
conduct research and development and carry out contracting
and partnerships as described under subsections (c) and (d)
of section 522 the Federal Crop Insurance Act of 1938 (7
U.S.C 1522(c) and (d)) in addition to amounts otherwise
provided for such purposes: Provided further, That $2,000,000
of the amount appropriated under this heading shall be
available to research, review and ensure actuarial soundness
of new products addressing climate change.
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
[[Page H3958]]
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, $894,743,000, to remain available
until September 30, 2023, of which not less than $15,000,000
is for climate change-related initiatives, including climate
science and climate hubs: Provided, 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, $9,458,000 shall be
available 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, $10,000,000
shall remain available until expended for necessary expenses
to carry out the Healthy Forests Reserve Program under the
Healthy Forests 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, $160,000,000, to remain
available until expended: Provided, That for funds provided
by this Act or any other prior Act, the limitation regarding
the size of the watershed or subwatershed exceeding two
hundred and fifty thousand acres in which such activities can
be undertaken shall only apply for activities undertaken for
the primary purpose of flood prevention (including structural
and land treatment measures): Provided further, That of the
amounts made available under this heading, $65,000,000 shall
be allocated to projects and activities that can commence
promptly following enactment; that address regional
priorities for flood prevention, agricultural water
management, inefficient irrigation systems, fish and wildlife
habitat, or watershed protection; or that address authorized
ongoing projects under the authorities of section 13 of the
Flood Control Act of December 22, 1944 (Public Law 78-534)
with a primary purpose of watershed protection by preventing
floodwater damage and stabilizing stream channels,
tributaries, and banks to reduce erosion and sediment
transport.
watershed rehabilitation program
Under the authorities of section 14 of the Watershed
Protection and Flood Prevention Act, $10,000,000 is provided.
CORPORATIONS
The following corporations and agencies are hereby
authorized to make expenditures, within the limits of funds
and borrowing authority available to each such corporation or
agency and in accord with law, and to make contracts and
commitments without regard to fiscal year limitations as
provided by section 104 of the Government Corporation Control
Act as may be necessary in carrying out the programs set
forth in the budget for the current fiscal year for such
corporation or agency, except as hereinafter provided.
Federal Crop Insurance Corporation Fund
For payments as authorized by section 516 of the Federal
Crop Insurance Act (7 U.S.C. 1516), such sums as may be
necessary, to remain available until expended.
Commodity Credit Corporation Fund
reimbursement for net realized losses
(including transfers of funds)
For the current fiscal year, such sums as may be necessary
to reimburse the Commodity Credit Corporation for net
realized losses sustained, but not previously reimbursed,
pursuant to section 2 of the Act of August 17, 1961 (15
U.S.C. 713a-11): Provided, That of the funds available to the
Commodity Credit Corporation under section 11 of the
Commodity Credit Corporation Charter Act (15 U.S.C. 714i) for
the conduct of its business with the Foreign Agricultural
Service, up to $5,000,000 may be transferred to and used by
the Foreign Agricultural Service for information resource
management activities of the Foreign Agricultural Service
that are not related to Commodity Credit Corporation
business.
hazardous waste management
(limitation on expenses)
For the current fiscal year, the Commodity Credit
Corporation shall not expend more than $15,000,000 for site
investigation and cleanup expenses, and operations and
maintenance expenses to comply with the requirement of
section 107(g) of the Comprehensive Environmental Response,
Compensation, and Liability Act (42 U.S.C. 9607(g)), and
section 6001 of the Solid Waste Disposal Act (42 U.S.C.
6961).
TITLE III
RURAL DEVELOPMENT PROGRAMS
Office of the Under Secretary for Rural Development
For necessary expenses of the Office of the Under Secretary
for Rural Development, $1,580,000: Provided, That funds made
available by this Act to an agency in the Rural Development
mission area for salaries and expenses are available to fund
up to one administrative support staff for the Office.
Rural Development
salaries and expenses
(including transfers of funds)
For necessary expenses for carrying out the administration
and implementation of Rural Development programs, including
activities with institutions concerning the development and
operation of agricultural cooperatives; and for cooperative
agreements; $348,425,000: Provided, That of the amount made
available under this heading, $32,000,000 shall be for the
StrikeForce activities of the Department of Agriculture, and
may be transferred to agencies of the Department of
Agriculture 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: $1,500,000,000 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; $40,000,000 for section 515 rental housing;
$230,000,000 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, $27,900,000 shall be for direct loans; section 504
housing repair loans, $484,000; section 523 self-help housing
land development loans, $55,000; section 524 site development
loans, $206,000; and repair, rehabilitation, and new
construction of section 515 rental housing, $3,576,000:
Provided, That to support the loan program level for section
538 guaranteed loans made available under this heading the
Secretary may charge or adjust any fees to cover the
projected cost of such loan guarantees pursuant to the
provisions of the Credit Reform Act of 1990 (2 U.S.C. 661 et
seq.), and the interest on such loans may not be subsidized:
Provided further, That applicants in communities that have a
current rural area waiver under section 541 of the Housing
Act of 1949 (42 U.S.C. 1490q) shall be treated as living in a
rural area for purposes of section 502 guaranteed loans
provided under this heading: Provided further, That of the
amounts available under this paragraph for section 502 direct
loans, no less than $5,000,000 shall be available for direct
loans for individuals whose homes will be built pursuant to a
program funded with a mutual and self-help housing grant
authorized by section 523 of the Housing Act of 1949 until
June 1, 2022: Provided further, That the Secretary shall
implement provisions to provide incentives to nonprofit
organizations and public housing authorities to facilitate
the acquisition of Rural Housing Service (RHS) multifamily
housing properties by such nonprofit organizations and public
housing authorities that commit to keep such properties in
the RHS multifamily housing program for a period of time as
determined by the Secretary, with such incentives to include,
but not be limited to, the following: allow such nonprofit
entities and public housing authorities to earn a Return on
Investment on their own resources to include proceeds from
low income housing tax credit syndication, own contributions,
grants, and developer loans at favorable rates and terms,
invested in a deal; and allow reimbursement of organizational
costs associated with owner's oversight of asset referred to
as ``Asset Management Fee'' of up to $7,500 per property.
In addition, for the cost of direct loans and grants,
including the cost of modifying loans, as defined in section
502 of the Congressional Budget Act of 1974, $60,000,000 to
remain available until expended, for a demonstration program
for the preservation and revitalization of the sections 514,
515, and 516 multi-family rental housing properties to
restructure existing USDA multi-family housing loans, as the
Secretary deems appropriate, expressly for the purposes of
ensuring the project has sufficient resources to preserve the
project for the purpose of providing safe and affordable
housing for low-income residents and farm laborers including
reducing or eliminating interest; deferring loan payments,
subordinating, reducing or re-amortizing loan debt; and other
financial assistance including advances, payments and
incentives (including the ability of owners to obtain
reasonable returns on investment) required by the Secretary:
Provided, That the Secretary shall as part of the
preservation and revitalization agreement obtain a
restrictive use agreement consistent with the terms of the
restructuring: Provided further, That any balances, including
obligated balances, available for all demonstration programs
for the preservation and revitalization of sections 514, 515,
and 516 multi-family rental housing properties in the
``Multi-Family Housing Revitalization Program Account'' shall
be transferred to this account, and shall also be available
for the preservation and revitalization of sections 514, 515,
and 516 multi-family rental
[[Page H3959]]
housing properties, including the restructuring of existing
USDA multi-family housing loans: Provided further, That
following the transfer of balances described in the preceding
proviso, any adjustments to obligations for demonstration
programs for the preservation and revitalization of section
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), $17,831,000, to
remain available until expended, for direct farm labor
housing loans and domestic farm labor housing grants and
contracts: Provided, That any balances available for the Farm
Labor Program Account shall be transferred to and merged with
this account.
In addition, for administrative expenses necessary to carry
out the direct and guaranteed loan programs, $412,254,000
shall be transferred to and merged with the appropriation for
``Rural Development, Salaries and Expenses''.
rental assistance program
For rental assistance agreements entered into or renewed
pursuant to the authority under section 521(a)(2) of the
Housing Act of 1949 or agreements entered into in lieu of
debt forgiveness or payments for eligible households as
authorized by section 502(c)(5)(D) of the Housing Act of
1949, and for the rural housing voucher program as authorized
under section 542 of the Housing Act of 1949, notwithstanding
subsection (b) of such section, $1,495,000,000, 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 of
the amounts made available under this heading, $1,450,000,000
shall be available for renewal of rental assistance
agreements: Provided further, That rental assistance
agreements entered into or renewed during the current fiscal
year shall be funded for a one-year period: Provided further,
That notwithstanding any other provision of the Act, the
Secretary may recapture rental assistance provided under
agreements entered into prior to fiscal year 2022 for a
project that the Secretary determines no longer needs rental
assistance and use such recaptured funds for current needs:
Provided further, That notwithstanding any other provision of
the Act, the Secretary may recapture funds provided for
rental assistance under agreements entered into prior to
fiscal year 2022 for a project that the Secretary determines
no longer needs rental assistance: Provided further, That
such recaptured funds shall remain available for obligation
in fiscal year 2022 for the purposes specified under this
heading: Provided further, That of the amounts made available
under this heading, $45,000,000 shall be available for rural
housing vouchers to any low-income household, including a
household that does not receive rental assistance, residing
in a property financed with a section 515 loan that has been
prepaid or otherwise paid off after September 30, 2005:
Provided further, That the amount of such vouchers shall be
equal to the difference between comparable market rent for
the section 515 unit and the tenant paid rent for such unit:
Provided further, That such vouchers shall be subject to the
availability of annual appropriations: Provided further, That
the Secretary shall, to the maximum extent practicable,
administer such vouchers with current regulations and
administrative guidance applicable to section 8 housing
vouchers administered by the Secretary of the Department of
Housing and Urban Development: Provided further, That any
balances available for the rural housing voucher program in
the ``Multi-Family Housing Revitalization Program Account''
shall be transferred to and merged with this account and
shall be available for the rural housing voucher program:
Provided further, That if the Secretary determines that the
amount made available for vouchers or rental assistance in
this Act is not needed for vouchers or rental assistance, the
Secretary may use such funds for any of the programs
described under this heading.
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, $65,000,000, to
remain available until expended.
rural community facilities program account
(including transfers of funds)
For gross obligations for the principal amount of direct
and guaranteed loans as authorized by section 306 and
described in section 381E(d)(1) of the Consolidated Farm and
Rural Development Act, $2,800,000,000 for direct loans and
$650,000,000 for guaranteed loans.
For the cost of direct loans, loan guarantees and grants,
including the cost of modifying loans, as defined in section
502 of the Congressional Budget Act of 1974, for rural
community facilities programs as authorized by section 306
and described in section 381E(d)(1) of the Consolidated Farm
and Rural Development Act, $238,454,714, to remain available
until expended, of which up to $112,036,714 shall be for the
purposes, and in the amounts, specified for this account in
the table titled ``Community Project Funding'' in the report
to accompany this Act, in accordance with applicable
statutory and regulatory requirements: Provided, That
$6,000,000 of the amount appropriated under this heading
shall be available for a Rural Community Development
Initiative: Provided further, That such funds shall be used
solely to develop the capacity and ability of private,
nonprofit community-based housing and community development
organizations, low-income rural communities, and Federally
Recognized Native American Tribes to undertake projects to
improve housing, community facilities, community and economic
development projects in rural areas: Provided further, That
such funds shall be made available to qualified private,
nonprofit and public intermediary organizations proposing to
carry out a program of financial and technical assistance:
Provided further, That such intermediary organizations shall
provide matching funds from other sources, including Federal
funds for related activities, in an amount not less than
funds provided: Provided further, That any unobligated
balances from prior year appropriations under this heading
for the cost of direct loans, loan guarantees and grants,
including amounts deobligated or cancelled, may be made
available to cover the subsidy costs for direct loans and or
loan guarantees under this heading in this fiscal year:
Provided further, That no amounts may be made available
pursuant to the preceding proviso from amounts that were
designated by the Congress as an emergency requirement
pursuant to a Concurrent Resolution on the Budget or the
Balanced Budget and Emergency Deficit Control Act of 1985:
Provided further, That $10,000,000 of the amount appropriated
under this heading shall be available for community
facilities grants to tribal colleges, as authorized by
section 306(a)(19) of such Act: Provided further, That
sections 381E-H and 381N of the Consolidated Farm and Rural
Development Act are not applicable to the funds made
available under this heading.
Rural Business--Cooperative Service
rural business program account
(including transfers of funds)
For the cost of loan guarantees and grants, for the rural
business development programs authorized by section 310B and
described in subsections (a), (c), (f) and (g) of section
310B of the Consolidated Farm and Rural Development Act,
$91,200,000, to remain available until expended: Provided,
That of the amount appropriated under this heading, not to
exceed $500,000 shall be made available for one grant to a
qualified national organization to provide technical
assistance for rural transportation in order to promote
economic development and $9,000,000 shall be for grants to
the Delta Regional Authority (7 U.S.C. 2009aa et seq.), the
Northern Border Regional Commission (40 U.S.C. 15101 et
seq.), and the Appalachian Regional Commission (40 U.S.C.
14101 et seq.) for any Rural Community Advancement Program
purpose as described in section 381E(d) of the Consolidated
Farm and Rural Development Act, of which not more than 5
percent may be used for administrative expenses: Provided
further, That $4,000,000 of the amount appropriated under
this heading shall be for business grants to benefit
Federally Recognized Native American Tribes, including
$250,000 for a grant to a qualified national organization to
provide technical assistance for rural transportation in
order to promote economic development: Provided further, That
of the amount appropriated under this heading, $5,000,000
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), $28,600,000, 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
[[Page H3960]]
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 $17,000,000, to remain
available until expended, shall be for value-added
agricultural product market development grants, as authorized
by section 210A of the Agricultural Marketing Act of 1946, of
which $3,000,000, to remain available until expended, shall
be for Agriculture Innovation Centers authorized pursuant to
section 6402 of Public Law 107-171.
rural microentrepreneur assistance program
For gross obligations for the principal amount of direct
loans as authorized by section 379E of the Consolidated Farm
and Rural Development Act (U.S.C. 2008s), $150,000,000.
For the cost of grants, $8,000,000 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), $30,420,000: Provided, That the cost of loan
guarantees, including the cost of modifying such loans, shall
be as defined in section 502 of the Congressional Budget Act
of 1974.
healthy foods 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, $6,000,000, to remain available until
expended: Provided, That such costs of loans, including the
cost of modifying such loans, shall be as defined in section
502 of the Congressional Budget Act of 1974.
Rural Utilities Service
rural water and waste disposal program account
(including transfers of funds)
For gross obligations for the principal amount of direct
and guaranteed loans as authorized by section 306 and
described in section 381E(d)(2) of the Consolidated Farm and
Rural Development Act, as follows: $1,400,000,000 for direct
loans; and $50,000,000 for guaranteed loans.
For the cost of loan guarantees and grants, including the
cost of modifying loans, as defined in section 502 of the
Congressional Budget Act of 1974, for rural water, waste
water, waste disposal, and solid waste management programs
authorized by sections 306, 306A, 306C, 306D, 306E, and 310B
and described in sections 306C(a)(2), 306D, 306E, and
381E(d)(2) of the Consolidated Farm and Rural Development
Act, $721,557,000, to remain available until expended, of
which not to exceed $1,000,000 shall be available for the
rural utilities program described in section 306(a)(2)(B) of
such Act, and of which not to exceed $5,000,000 shall be
available for the rural utilities program described in
section 306E of such Act: Provided, That not to exceed
$15,000,000 of the amount appropriated under this heading
shall be for grants authorized by section 306A(i)(2) of the
Consolidated Farm and Rural Development Act in addition to
funding authorized by section 306A(i)(1) of such Act:
Provided further, That $93,000,000 of the amount appropriated
under this heading shall be for loans and grants including
water and waste disposal systems grants authorized by section
306C(a)(2)(B) and section 306D of the Consolidated Farm and
Rural Development Act, and Federally Recognized Native
American Tribes authorized by 306C(a)(1) of such Act:
Provided further, That funding provided for section 306D of
the Consolidated Farm and Rural Development Act may be
provided to a consortium formed pursuant to section 325 of
Public Law 105-83: Provided further, That not more than 2
percent of the funding provided for section 306D of the
Consolidated Farm and Rural Development Act may be used by
the State of Alaska for training and technical assistance
programs and not more than 2 percent of the funding provided
for section 306D of the Consolidated Farm and Rural
Development Act may be used by a consortium formed pursuant
to section 325 of Public Law 105-83 for training and
technical assistance programs: Provided further, That not to
exceed $40,000,000 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 $8,000,000 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 $20,157,000 of the amount appropriated
under this heading shall be for contracting with qualified
national organizations for a circuit rider program to provide
technical assistance for rural water systems: Provided
further, That not to exceed $4,000,000 of the amounts made
available under this heading shall be for solid waste
management grants: Provided further, That $10,000,000 of the
amount appropriated under this heading shall be transferred
to, and merged with, the Rural Utilities Service, High Energy
Cost Grants Account to provide grants authorized under
section 19 of the Rural Electrification Act of 1936 (7 U.S.C.
918a): Provided further, That any prior year balances for
high-energy cost grants authorized by section 19 of the Rural
Electrification Act of 1936 (7 U.S.C. 918a) shall be
transferred to and merged with the Rural Utilities Service,
High Energy Cost Grants Account: Provided further, That
sections 381E-H and 381N of the Consolidated Farm and Rural
Development Act are not applicable to the funds made
available under this heading.
rural electrification and telecommunications loans program account
(including transfer of funds)
The principal amount of direct and guaranteed loans as
authorized by sections 4, 305, 306, and 317 of the Rural
Electrification Act of 1936 (7 U.S.C. 904, 935, 936, and
940g) shall be made as follows: loans made pursuant to
sections 4(c)(2), 305(d)(2), 306, and 317, notwithstanding
317(c), of that Act, rural direct electric loans,
$5,500,000,000; 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.
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.
For the cost of grants and loan modifications, as defined
in section 502 of the Congressional Budget Act of 1974,
including any associated penalties, for transitioning to
pollution free electricity, $150,000,000, of which up to five
percent may be used for administrative costs to carry out the
program.
For the cost of modifications, as defined in section 502 of
the Congressional Budget Act of 1974, for the direct rural
telecommunication loans, $25,000,000.
In addition, $14,000,000 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 the principal amount of broadband telecommunication
loans, $11,869,000.
For grants for telemedicine and distance learning services
in rural areas, as authorized by 7 U.S.C. 950aaa et seq.,
$60,000,000, to remain available until expended: Provided,
That $3,000,000 shall be made available for grants authorized
by section 379G of the Consolidated Farm and Rural
Development Act: Provided further, That funding provided
under this heading for grants under section 379G of the
Consolidated Farm and Rural Development Act may only be
provided to entities that meet all of the eligibility
criteria for a consortium as established by this section.
For the cost of broadband loans, as authorized by section
601 of the Rural Electrification Act, $1,772,000, to remain
available until expended: Provided, That the cost of direct
loans shall be as defined in section 502 of the Congressional
Budget Act of 1974.
For the broadband loan and grant pilot program established
by section 779 of division A of the Consolidated
Appropriations Act, 2018 (Public Law 115-141) under the Rural
Electrification Act of 1936, as amended (7 U.S.C 901 et
seq.), $786,604,792, 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'' in the report to accompany this
Act, in accordance with applicable statutory and regulatory
requirements: Provided, That the Secretary may award grants
described in section 601(a) of the Rural Electrification Act
of 1936, as amended (7 U.S.C. 950bb(a)) for the purposes of
carrying out such pilot program: Provided further, That the
cost of direct loans shall be defined in section 502 of the
Congressional Budget Act of 1974: Provided further, That at
least 90 percent of the households to be served by a project
receiving a loan or grant under the pilot program shall be in
a rural area without sufficient access to broadband: Provided
further, That for purposes of such pilot program, a rural
area without sufficient access to broadband shall be defined
as ten megabytes per second downstream and one megabyte per
second upstream, and such definition shall be reevaluated and
redefined, as necessary, on an annual basis by the Secretary
of Agriculture: 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
[[Page H3961]]
Service is directed to expedite program delivery methods that
would implement this paragraph: Provided further, That for
purposes of this paragraph, the Secretary shall adhere to the
notice, reporting and service area assessment requirements
set forth in sections 6104(a)(2)(D) and 6104(a)(2)(E) of the
Agricultural Act of 2014 (7 U.S.C 950bb(d)(5), (d)(8) and
(d)(10)).
In addition, $35,000,000, to remain available until
expended, for the Community Connect Grant Program authorized
by 7 U.S.C. 950bb-3.
TITLE IV
DOMESTIC FOOD PROGRAMS
Office of the Under Secretary for Food, Nutrition, and Consumer
Services
For necessary expenses of the Office of the Under Secretary
for Food, Nutrition, and Consumer Services, $1,327,000:
Provided, That funds made available by this Act to an agency
in the Food, Nutrition and Consumer Services mission area for
salaries and expenses are available to fund up to one
administrative support staff for the Office.
Food and Nutrition Service
child nutrition programs
(including transfers of funds)
For necessary expenses to carry out the Richard B. Russell
National School Lunch Act (42 U.S.C. 1751 et seq.), except
section 21, and the Child Nutrition Act of 1966 (42 U.S.C.
1771 et seq.), except sections 17 and 21; $26,892,922,000 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,
$20,004,000 shall be available to carry out section 19 of the
Child Nutrition Act of 1966 (42 U.S.C. 1788): 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, $35,000,000 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, $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
section 26(d) of the Richard B. Russell National School Lunch
Act (42 U.S.C. 1769g(d)) is amended in the first sentence by
striking ``2010 through 2022'' and inserting ``2010 through
2023'': Provided further, That section 9(h)(3) of the Richard
B. Russell National School Lunch Act (42 U.S.C. 1758(h)(3))
is amended in the first sentence by striking ``For fiscal
year 2021'' and inserting ``For fiscal year 2022'': Provided
further, That section 9(h)(4) of the Richard B. Russell
National School Lunch Act (42 U.S.C. 1758(h)(4)) is amended
in the first sentence by striking ``For fiscal year 2021''
and inserting ``For fiscal year 2022''.
special supplemental nutrition program for women, infants, and children
(wic)
For necessary expenses to carry out the special
supplemental nutrition program as authorized by section 17 of
the Child Nutrition Act of 1966 (42 U.S.C. 1786),
$6,000,000,000, to remain available through September 30,
2023: Provided, That notwithstanding section 17(h)(10) of the
Child Nutrition Act of 1966 (42 U.S.C. 1786(h)(10)), not less
than $90,000,000 shall be used for breastfeeding peer
counselors and other related activities, $14,000,000 shall be
used for infrastructure, and not less than $75,000,000, to
remain available until expended, shall be available for
management information systems, including WIC electronic
benefit transfer systems and activities: Provided further,
That none of the funds provided in this account shall be
available for the purchase of infant formula except in
accordance with the cost containment and competitive bidding
requirements specified in section 17 of such Act: Provided
further, That none of the funds provided shall be available
for activities that are not fully reimbursed by other Federal
Government departments or agencies unless authorized by
section 17 of such Act: Provided further, That upon
termination of a federally mandated vendor moratorium and
subject to terms and conditions established by the Secretary,
the Secretary may waive the requirement at 7 CFR 246.12(g)(6)
at the request of a State agency.
supplemental nutrition assistance program
For necessary expenses to carry out the Food and Nutrition
Act of 2008 (7 U.S.C. 2011 et seq.), $105,796,197,000, of
which $3,000,000,000, to remain available through September
30, 2024, shall be placed in reserve for use only in such
amounts and at such times as may become necessary to carry
out program operations: Provided, That funds provided herein
shall be expended in accordance with section 16 of the Food
and Nutrition Act of 2008: Provided further, That of the
funds made available under this heading, $998,000 may be used
to provide nutrition education services to State agencies and
Federally Recognized Tribes participating in the Food
Distribution Program on Indian Reservations: Provided
further, That of the funds made available under this heading,
$3,000,000, to remain available until September 30, 2023,
shall be used to carry out section 4003(b) of Public Law 115-
334 relating to demonstration projects for tribal
organizations: Provided further, That this appropriation
shall be subject to any work registration or workfare
requirements as may be required by law: Provided further,
That funds made available for Employment and Training under
this heading shall remain available through September 30,
2023: Provided further, That funds made available under this
heading for section 28(d)(1), section 4(b), and section 27(a)
of the Food and Nutrition Act of 2008 shall remain available
through September 30, 2023: Provided further, That none of
the funds made available under this heading may be obligated
or expended in contravention of section 213A of the
Immigration and Nationality Act (8 U.S.C. 1183A): Provided
further, That funds made available under this heading may be
used to enter into contracts and employ staff to conduct
studies, evaluations, or to conduct activities related to
program integrity provided that such activities are
authorized by the Food and Nutrition Act of 2008.
For making, after June 30 of the current fiscal year,
benefit payments to individuals, and payments to States or
other non-Federal entities, pursuant to the Food and
Nutrition Act of 2008 (7 U.S.C. 2011 et seq.), for
unanticipated costs incurred for the last three months of the
fiscal year, such sums as may be necessary.
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,
$448,070,000, 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, $191,533,000: Provided, That of the funds
provided herein, $2,000,000 shall be used for the purposes of
section 4404 of Public Law 107-171, as amended by section
4401 of Public Law 110-246.
TITLE V
FOREIGN ASSISTANCE AND RELATED PROGRAMS
Office of the Under Secretary for Trade and Foreign Agricultural
Affairs
For necessary expenses of the Office of the Under Secretary
for Trade and Foreign Agricultural Affairs, $908,000:
Provided, That funds made available by this Act to any agency
in the Trade and Foreign Agricultural Affairs mission area
for salaries and expenses are available to fund up to one
administrative support staff for the Office.
office of codex alimentarius
For necessary expenses of the Office of Codex Alimentarius,
$4,841,000, including not to exceed $40,000 for official
reception and representation expenses.
Foreign Agricultural Service
salaries and expenses
(including transfers of funds)
For necessary expenses of the Foreign Agricultural Service,
including not to exceed $250,000 for representation
allowances and for expenses pursuant to section 8 of the Act
approved August 3, 1956 (7 U.S.C. 1766), $228,644,000, of
which no more than 6 percent shall remain available until
September 30, 2023, for overseas operations to include the
payment of locally employed staff: Provided, That the Service
may utilize advances of funds, or reimburse this
appropriation for expenditures made on behalf of Federal
agencies, public and private organizations and institutions
under agreements executed pursuant to the agricultural food
production assistance programs (7 U.S.C. 1737) and the
foreign assistance programs of the United States Agency for
International Development: Provided further, That funds made
available for middle-income country training programs, funds
made available for the Borlaug International Agricultural
Science and Technology Fellowship program, and up to
$2,000,000 of the Foreign Agricultural Service appropriation
solely for the purpose of offsetting fluctuations in
international currency exchange rates, subject to
documentation by the Foreign Agricultural Service, shall
remain available until expended.
food for peace title ii grants
For expenses during the current fiscal year, not otherwise
recoverable, and unrecovered prior years' costs, including
interest thereon, under the Food for Peace Act (Public Law
83-480), for commodities supplied in connection with
dispositions abroad under title II of said
[[Page H3962]]
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), $245,000,000, to remain available
until expended: Provided, That the Commodity Credit
Corporation is authorized to provide the services,
facilities, and authorities for the purpose of implementing
such section, subject to reimbursement from amounts provided
herein: Provided further, That of the amount made available
under this heading, not more than 10 percent, but not less
than $23,500,000, shall remain available until expended to
purchase agricultural commodities as described in subsection
3107(a)(2) of the Farm Security and Rural Investment Act of
2002 (7 U.S.C. 1736o-1(a)(2)).
commodity credit corporation export (loans) credit guarantee program
account
(including transfers of funds)
For administrative expenses to carry out the Commodity
Credit Corporation's Export Guarantee Program, GSM 102 and
GSM 103, $6,063,000, to cover common overhead expenses as
permitted by section 11 of the Commodity Credit Corporation
Charter Act and in conformity with the Federal Credit Reform
Act of 1990, which shall be transferred to and merged with
the appropriation for ``Foreign Agricultural Service,
Salaries and Expenses''.
TITLE VI
RELATED AGENCY 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; $6,173,098,000: Provided,
That of the amount provided under this heading,
$1,141,861,000 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;
$241,431,000 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; $527,848,000
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; $43,116,000 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; $33,836,000
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; $23,137,000 shall be derived
from generic new animal drug user fees authorized by 21
U.S.C. 379j-21, and shall be credited to this account and
remain available until expended; $712,000,000 shall be
derived from tobacco product user fees authorized by 21
U.S.C. 387s, and shall be credited to this account and remain
available until expended: Provided further, That in addition
to and notwithstanding any other provision under this
heading, amounts collected for prescription drug user fees,
medical device user fees, human generic drug user fees,
biosimilar biological product user fees, animal drug user
fees, and generic new animal drug user fees that exceed the
respective fiscal year 2022 limitations are appropriated and
shall be credited to this account and remain available until
expended: Provided further, That fees derived from
prescription drug, medical device, human generic drug,
biosimilar biological product, animal drug, and generic new
animal drug assessments for fiscal year 2022, including any
such fees collected prior to fiscal year 2022 but credited
for fiscal year 2022, shall be subject to the fiscal year
2022 limitations: Provided further, That the Secretary may
accept payment during fiscal year 2022 of user fees specified
under this heading and authorized for fiscal year 2023, prior
to the due date for such fees, and that amounts of such fees
assessed for fiscal year 2023 for which the Secretary accepts
payment in fiscal year 2022 shall not be included in amounts
under this heading: Provided further, That none of these
funds shall be used to develop, establish, or operate any
program of user fees authorized by 31 U.S.C. 9701: Provided
further, That of the total amount appropriated: (1)
$1,162,609,000 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)
$2,103,091,000 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; (3)
$453,902,000 shall be for the Center for Biologics Evaluation
and Research and for related field activities in the Office
of Regulatory Affairs; (4) $274,463,000 shall be for the
Center for Veterinary Medicine and for related field
activities in the Office of Regulatory Affairs; (5)
$651,976,000 shall be for the Center for Devices and
Radiological Health and for related field activities in the
Office of Regulatory Affairs; (6) $74,304,000 shall be for
the National Center for Toxicological Research; (7)
$680,812,000 shall be for the Center for Tobacco Products and
for related field activities in the Office of Regulatory
Affairs; (8) $200,402,000 shall be for Rent and Related
activities, of which $54,642,000 is for White Oak
Consolidation, other than the amounts paid to the General
Services Administration for rent; (9) $235,348,000 shall be
for payments to the General Services Administration for rent;
and (10) $336,191,000 shall be for other activities,
including the Office of the Commissioner of Food and Drugs,
the Office of Food Policy and Response, the Office of
Operations, the Office of the Chief Scientist, and central
services for these offices: Provided further, That not to
exceed $25,000 of this amount shall be for official reception
and representation expenses, not otherwise provided for, as
determined by the Commissioner: Provided further, That any
transfer of funds pursuant to 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: Provided further, That of the amounts that are
made available under this heading for ``other activities'',
and that are not derived from user fees, $1,500,000 shall be
transferred to and merged with the appropriation for
``Department of Health and Human Services--Office of
Inspector General'' for oversight of the programs and
operations of the Food and Drug Administration and shall be
in addition to funds otherwise made available for oversight
of the Food and Drug Administration: Provided further, That
funds may be transferred from one specified activity to
another with the prior approval of the Committees on
Appropriations of both Houses of Congress.
In addition, mammography user fees authorized by 42 U.S.C.
263b, export certification user fees authorized by 21 U.S.C.
381, priority review user fees authorized by 21 U.S.C. 360n
and 360ff, food and feed recall fees, food reinspection fees,
and voluntary qualified importer program fees authorized by
21 U.S.C. 379j-31, outsourcing facility fees authorized by 21
U.S.C. 379j-62, prescription drug wholesale distributor
licensing and inspection fees authorized by 21 U.S.C.
353(e)(3), third-party logistics provider licensing and
inspection fees authorized by 21 U.S.C. 360eee-3(c)(1),
third-party auditor fees authorized by 21 U.S.C. 384d(c)(8),
medical countermeasure priority review voucher user fees
authorized by 21 U.S.C. 360bbb-4a, and fees relating to over-
the-counter monograph drugs authorized by 21 U.S.C. 379j-72
shall be credited to this account, to remain available until
expended.
buildings and facilities
For plans, construction, repair, improvement, extension,
alteration, demolition, and purchase of fixed equipment or
facilities of or used by the Food and Drug Administration,
where not otherwise provided, $21,788,000, to remain
available until expended.
fda innovation account, cures act
(including transfer of funds)
For necessary expenses to carry out the purposes described
under section 1002(b)(4) of the 21st Century Cures Act, in
addition to amounts available for such purposes under the
heading ``Salaries and Expenses'', $50,000,000, to remain
available until expended: Provided, That amounts appropriated
in this paragraph are appropriated pursuant to section
1002(b)(3) of the 21st Century Cures Act, are to be derived
from amounts transferred under section 1002(b)(2)(A) of such
Act, and may be transferred by the Commissioner of Food and
Drugs to the appropriation for ``Department of Health and
Human Services Food and Drug Administration Salaries and
Expenses'' solely for the purposes provided in such Act:
Provided further, That upon a determination by the
Commissioner that funds transferred pursuant to the previous
proviso are not necessary for the purposes provided, such
amounts may be transferred back to the account: Provided
further, That such transfer authority is in addition to any
other transfer authority provided by law.
INDEPENDENT AGENCY
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, $332,000,000, 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.
[[Page H3963]]
In addition, for move, replication, and related costs
associated with replacement leases for the Commission's
facilities, not to exceed $31,000,000, to remain available
until expended.
Farm Credit Administration
limitation on administrative expenses
Not to exceed $84,200,000 (from assessments collected from
farm credit institutions, including the Federal Agricultural
Mortgage Corporation) shall be obligated during the current
fiscal year for administrative expenses as authorized under
12 U.S.C. 2249: Provided, That this limitation shall not
apply to expenses associated with receiverships: Provided
further, That the agency may exceed this limitation by up to
10 percent with notification to the Committees on
Appropriations of both Houses of Congress: Provided further,
That the purposes of section 3.7(b)(2)(A)(i) of the Farm
Credit Act of 1971 (12 U.S.C. 2128(b)(2)(A)(i)), the Farm
Credit Administration may exempt, an amount in its sole
discretion, from the application of the limitation provided
in that clause of export loans described in the clause
guaranteed or insured in a manner other than described in
subclause (II) of the clause.
TITLE VII
GENERAL PROVISIONS
(including rescissions and transfers of funds)
Sec. 701. The Secretary may use any appropriations made
available to the Department of Agriculture in this Act to
purchase new passenger motor vehicles, in addition to
specific appropriations for this purpose, so long as the
total number of vehicles purchased in fiscal year 2022 does
not exceed the number of vehicles owned or leased in fiscal
year 2018: Provided, That, prior to purchasing additional
motor vehicles, the Secretary must determine that such
vehicles are necessary for transportation safety, to reduce
operational costs, and for the protection of life, property,
and public safety: Provided further, That the Secretary may
not increase the Department of Agriculture's fleet above the
2018 level unless the Secretary notifies in writing, and
receives approval from, the Committees on Appropriations of
both Houses of Congress within 30 days of the notification.
Sec. 702. Notwithstanding any other provision of this Act,
the Secretary of Agriculture may transfer unobligated
balances of discretionary funds appropriated by this Act or
any other available unobligated discretionary balances that
are remaining available of the Department of Agriculture to
the Working Capital Fund for the acquisition of plant and
capital equipment necessary for the delivery of financial,
administrative, and information technology services of
primary benefit to the agencies of the Department of
Agriculture, such transferred funds to remain available until
expended: Provided, That none of the funds made available by
this Act or any other Act shall be transferred to the Working
Capital Fund without the prior approval of the agency
administrator: Provided further, That none of the funds
transferred to the Working Capital Fund pursuant to this
section shall be available for obligation without written
notification to and the prior approval of the Committees on
Appropriations of both Houses of Congress: Provided further,
That none of the funds appropriated by this Act or made
available to the Department's Working Capital Fund shall be
available for obligation or expenditure to make any changes
to the Department's National Finance Center without written
notification to and prior approval of the Committees on
Appropriations of both Houses of Congress as required by
section 716 of this Act: Provided further, That none of the
funds appropriated by this Act or made available to the
Department's Working Capital Fund shall be available for
obligation or expenditure to initiate, plan, develop,
implement, or make any changes to remove or relocate any
systems, missions, personnel, or functions of the offices of
the Chief Financial Officer and the Chief Information
Officer, co-located with or from the National Finance Center
prior to written notification to and prior approval of the
Committee on Appropriations of both Houses of Congress and in
accordance with the requirements of section 716 of this Act:
Provided further, That the National Finance Center
Information Technology Services Division personnel and data
center management responsibilities, and control of any
functions, missions, and systems for current and future human
resources management and integrated personnel and payroll
systems (PPS) and functions provided by the Chief Financial
Officer and the Chief Information Officer shall remain in the
National Finance Center and under the management
responsibility and administrative control of the National
Finance Center: Provided further, That the Secretary of
Agriculture and the offices of the Chief Financial Officer
shall actively market to existing and new Departments and
other government agencies National Finance Center shared
services including, but not limited to, payroll, financial
management, and human capital shared services and allow the
National Finance Center to perform technology upgrades:
Provided further, That of annual income amounts in the
Working Capital Fund of the Department of Agriculture
attributable to the amounts in excess of the true costs of
the shared services provided by the National Finance Center
and budgeted for the National Finance Center, the Secretary
shall reserve not more than 4 percent for the replacement or
acquisition of capital equipment, including equipment for the
improvement, delivery, and implementation of financial,
administrative, and information technology services, and
other systems of the National Finance Center or to pay any
unforeseen, extraordinary cost of the National Finance
Center: Provided further, That none of the amounts reserved
shall be available for obligation unless the Secretary
submits written notification of the obligation to the
Committees on Appropriations of both Houses of Congress:
Provided further, That the limitations on the obligation of
funds pending notification to Congressional Committees shall
not apply to any obligation that, as determined by the
Secretary, is necessary to respond to a declared state of
emergency that significantly impacts the operations of the
National Finance Center; or to evacuate employees of the
National Finance Center to a safe haven to continue
operations of the National Finance Center.
Sec. 703. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year unless expressly so provided herein.
Sec. 704. No funds appropriated by this Act may be used to
pay negotiated indirect cost rates on cooperative agreements
or similar arrangements between the United States Department
of Agriculture and nonprofit institutions in excess of 10
percent of the total direct cost of the agreement when the
purpose of such cooperative arrangements is to carry out
programs of mutual interest between the two parties. This
does not preclude appropriate payment of indirect costs on
grants and contracts with such institutions when such
indirect costs are computed on a similar basis for all
agencies for which appropriations are provided in this Act.
Sec. 705. Appropriations to the Department of Agriculture
for the cost of direct and guaranteed loans made available in
the current fiscal year shall remain available until expended
to disburse obligations made in the current fiscal year for
the following accounts: the Rural Development Loan Fund
program account, the Rural Electrification and
Telecommunication Loans program account, and the Rural
Housing Insurance Fund program account.
Sec. 706. None of the funds made available to the
Department of Agriculture by this Act may be used to acquire
new information technology systems or significant upgrades,
as determined by the Office of the Chief Information Officer,
without the approval of the Chief Information Officer and the
concurrence of the Executive Information Technology
Investment Review Board: Provided, That notwithstanding any
other provision of law, none of the funds appropriated or
otherwise made available by this Act may be transferred to
the Office of the Chief Information Officer without written
notification to and the prior approval of the Committees on
Appropriations of both Houses of Congress: Provided further,
That, notwithstanding section 11319 of title 40, United
States Code, none of the funds available to the Department of
Agriculture for information technology shall be obligated for
projects, contracts, or other agreements over $25,000 prior
to receipt of written approval by the Chief Information
Officer: Provided further, That the Chief Information Officer
may authorize an agency to obligate funds without written
approval from the Chief Information Officer for projects,
contracts, or other agreements up to $250,000 based upon the
performance of an agency measured against the performance
plan requirements described in the explanatory statement
accompanying Public Law 113-235.
Sec. 707. Funds made available under section 524(b) of the
Federal Crop Insurance Act (7 U.S.C. 1524(b)) in the current
fiscal year shall remain available until expended to disburse
obligations made in the current fiscal year.
Sec. 708. Notwithstanding any other provision of law, any
former Rural Utilities Service borrower that has repaid or
prepaid an insured, direct or guaranteed loan under the Rural
Electrification Act of 1936, or any not-for-profit utility
that is eligible to receive an insured or direct loan under
such Act, shall be eligible for assistance under section
313B(a) of such Act in the same manner as a borrower under
such Act.
Sec. 709. (a) Except as otherwise specifically provided by
law, not more than $20,000,000 in unobligated balances from
appropriations made available for salaries and expenses in
this Act for the Farm Service Agency shall remain available
through September 30, 2023, for information technology
expenses.
(b) Except as otherwise specifically provided by law, not
more than $20,000,000 in unobligated balances from
appropriations made available for salaries and expenses in
this Act for the Rural Development mission area shall remain
available through September 30, 2023, for information
technology expenses.
Sec. 710. None of the funds appropriated or otherwise made
available by this Act may be used for first-class travel by
the employees of agencies funded by this Act in contravention
of sections 301-10.122 through 301-10.124 of title 41, Code
of Federal Regulations.
Sec. 711. In the case of each program established or
amended by the Agricultural Act of 2014 (Public Law 113-79)
or by a successor to that Act, other than by title I or
subtitle A of title III of such Act, or programs for which
indefinite amounts were provided in that Act, that is
authorized or required to be carried out using funds of the
Commodity Credit Corporation--
(1) such funds shall be available for salaries and related
administrative expenses, including technical assistance,
associated with the implementation of the program, without
regard to the limitation on the total amount of allotments
and fund transfers contained in section 11 of the Commodity
Credit Corporation Charter Act (15 U.S.C. 714i); and
(2) the use of such funds for such purpose shall not be
considered to be a fund transfer or allotment for purposes of
applying the limitation on the total amount of allotments and
fund transfers contained in such section.
Sec. 712. Of the funds made available by this Act, not
more than $2,900,000 shall be used to cover necessary
expenses of activities related to all advisory committees,
panels, commissions, and task forces of the Department of
Agriculture, except for panels used to comply with
[[Page H3964]]
negotiated rule makings and panels used to evaluate
competitively awarded grants.
Sec. 713. (a) None of the funds made available in this Act
may be used to maintain or establish a computer network
unless such network blocks the viewing, downloading, and
exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, tribal, or local law
enforcement agency or any other entity carrying out criminal
investigations, prosecution, or adjudication activities.
Sec. 714. Notwithstanding subsection (b) of section 14222
of Public Law 110-246 (7 U.S.C. 612c-6; in this section
referred to as ``section 14222''), none of the funds
appropriated or otherwise made available by this or any other
Act shall be used to pay the salaries and expenses of
personnel to carry out a program under section 32 of the Act
of August 24, 1935 (7 U.S.C. 612c; in this section referred
to as ``section 32'') in excess of $1,391,211,000 (exclusive
of carryover appropriations from prior fiscal years), as
follows: Child Nutrition Programs Entitlement Commodities--
$485,000,000; State Option Contracts--$5,000,000; Removal of
Defective Commodities--$2,500,000; Administration of Section
32 Commodity Purchases--$36,810,000: Provided, That of the
total funds made available in the matter preceding this
proviso that remain unobligated on October 1, 2022, such
unobligated balances shall carryover into fiscal year 2023
and shall remain available until expended for any of the
purposes of section 32, except that any such carryover funds
used in accordance with clause (3) of section 32 may not
exceed $350,000,000 and may not be obligated until the
Secretary of Agriculture provides written notification of the
expenditures to the Committees on Appropriations of both
Houses of Congress at least two weeks in advance: Provided
further, That, with the exception of any available carryover
funds authorized in any prior appropriations Act to be used
for the purposes of clause (3) of section 32, none of the
funds appropriated or otherwise made available by this or any
other Act shall be used to pay the salaries or expenses of
any employee of the Department of Agriculture to carry out
clause (3) of section 32.
Sec. 715. None of the funds appropriated by this or any
other Act shall be used to pay the salaries and expenses of
personnel who prepare or submit appropriations language as
part of the President's budget submission to the Congress for
programs under the jurisdiction of the Appropriations
Subcommittees on Agriculture, Rural Development, Food and
Drug Administration, and Related Agencies that assumes
revenues or reflects a reduction from the previous year due
to user fees proposals that have not been enacted into law
prior to the submission of the budget unless such budget
submission identifies which additional spending reductions
should occur in the event the user fees proposals are not
enacted prior to the date of the convening of a committee of
conference for the fiscal year 2023 appropriations Act.
Sec. 716. (a) None of the funds provided by this Act, or
provided by previous appropriations Acts to the agencies
funded by this Act that remain available for obligation or
expenditure in the current fiscal year, or provided from any
accounts in the Treasury derived by the collection of fees
available to the agencies funded by this Act, shall be
available for obligation or expenditure through a
reprogramming, transfer of funds, or reimbursements as
authorized by the Economy Act, or in the case of the
Department of Agriculture, through use of the authority
provided by section 702(b) of the Department of Agriculture
Organic Act of 1944 (7 U.S.C. 2257) or section 8 of Public
Law 89-106 (7 U.S.C. 2263), that--
(1) creates new programs;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel by any means for any
project or activity for which funds have been denied or
restricted;
(4) relocates an office or employees;
(5) reorganizes offices, programs, or activities; or
(6) contracts out or privatizes any functions or activities
presently performed by Federal employees;
unless the Secretary of Agriculture, the Secretary of Health
and Human Services, or the Chairman of the Commodity Futures
Trading Commission (as the case may be) notifies in writing
and receives approval from the Committees on Appropriations
of both Houses of Congress at least 30 days in advance of the
reprogramming of such funds or the use of such authority.
(b) None of the funds provided by this Act, or provided by
previous Appropriations Acts to the agencies funded by this
Act that remain available for obligation or expenditure in
the current fiscal year, or provided from any accounts in the
Treasury derived by the collection of fees available to the
agencies funded by this Act, shall be available for
obligation or expenditure for activities, programs, or
projects through a reprogramming or use of the authorities
referred to in subsection (a) involving funds in excess of
$500,000 or 10 percent, whichever is less, that--
(1) augments existing programs, projects, or activities;
(2) reduces by 10 percent funding for any existing program,
project, or activity, or numbers of personnel by 10 percent
as approved by Congress; or
(3) results from any general savings from a reduction in
personnel which would result in a change in existing
programs, activities, or projects as approved by Congress;
unless the Secretary of Agriculture, the Secretary of Health
and Human Services, or the Chairman of the Commodity Futures
Trading Commission (as the case may be) notifies in writing
and receives approval from the Committees on Appropriations
of both Houses of Congress at least 30 days in advance of the
reprogramming or transfer of such funds or the use of such
authority.
(c) The Secretary of Agriculture, the Secretary of Health
and Human Services, or the Chairman of the Commodity Futures
Trading Commission shall notify in writing and receive
approval from the Committees on Appropriations of both Houses
of Congress before implementing any program or activity not
carried out during the previous fiscal year unless the
program or activity is funded by this Act or specifically
funded by any other Act.
(d) None of the funds provided by this Act, or provided by
previous Appropriations Acts to the agencies funded by this
Act that remain available for obligation or expenditure in
the current fiscal year, or provided from any accounts in the
Treasury derived by the collection of fees available to the
agencies funded by this Act, shall be available for--
(1) modifying major capital investments funding levels,
including information technology systems, that involves
increasing or decreasing funds in the current fiscal year for
the individual investment in excess of $500,000 or 10 percent
of the total cost, whichever is less;
(2) realigning or reorganizing new, current, or vacant
positions or agency activities or functions to establish a
center, office, branch, or similar entity with five or more
personnel; or
(3) carrying out activities or functions that were not
described in the budget request;
unless the agencies funded by this Act notify, in writing,
the Committees on Appropriations of both Houses of Congress
at least 30 days in advance of using the funds for these
purposes.
(e) As described in this section, no funds may be used for
any activities unless the Secretary of Agriculture, the
Secretary of Health and Human Services, or the Chairman of
the Commodity Futures Trading Commission receives from the
Committee on Appropriations of both Houses of Congress
written or electronic mail confirmation of receipt of the
notification as required in this section.
Sec. 717. Notwithstanding section 310B(g)(5) of the
Consolidated Farm and Rural Development Act (7 U.S.C.
1932(g)(5)), the Secretary may assess a one-time fee for any
guaranteed business and industry loan in an amount that does
not exceed 3 percent of the guaranteed principal portion of
the loan.
Sec. 718. None of the funds appropriated or otherwise made
available to the Department of Agriculture, the Food and Drug
Administration, the Commodity Futures Trading Commission, or
the Farm Credit Administration shall be used to transmit or
otherwise make available reports, questions, or responses to
questions that are a result of information requested for the
appropriations hearing process to any non-Department of
Agriculture, non-Department of Health and Human Services,
non-Commodity Futures Trading Commission, or non-Farm Credit
Administration employee.
Sec. 719. Unless otherwise authorized by existing law,
none of the funds provided in this Act, may be used by an
executive branch agency to produce any prepackaged news story
intended for broadcast or distribution in the United States
unless the story includes a clear notification within the
text or audio of the prepackaged news story that the
prepackaged news story was prepared or funded by that
executive branch agency.
Sec. 720. No employee of the Department of Agriculture may
be detailed or assigned from an agency or office funded by
this Act or any other Act to any other agency or office of
the Department for more than 60 days in a fiscal year unless
the individual's employing agency or office is fully
reimbursed by the receiving agency or office for the salary
and expenses of the employee for the period of assignment.
Sec. 721. Not later than 30 days after the date of
enactment of this Act, the Secretary of Agriculture, the
Commissioner of the Food and Drug Administration, the
Chairman of the Commodity Futures Trading Commission, and the
Chairman of the Farm Credit Administration shall submit to
the Committees on Appropriations of both Houses of Congress a
detailed spending plan by program, project, and activity for
all the funds made available under this Act including
appropriated user fees, as defined in the report accompanying
this 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), $225,000,000 are hereby rescinded:
Provided, That no amounts may be rescinded from amounts that
were designated by the Congress as an emergency requirement
pursuant to a Concurrent Resolution on the Budget or the
Balanced Budget and Emergency Deficit Control Act of 1985.
Sec. 723. For the purposes of determining eligibility or
level of program assistance for Rural Development programs
the Secretary shall not include incarcerated prison
populations.
Sec. 724. For loans and loan guarantees that do not
require budget authority and the program level has been
established in this Act, the Secretary of Agriculture may
increase the program level for such loans and loan guarantees
by not more than 25 percent: Provided, That prior to the
Secretary implementing such an increase, the Secretary
notifies, in writing, the Committees on Appropriations of
both Houses of Congress at least 15 days in advance.
Sec. 725. None of the credit card refunds or rebates
transferred to the Working Capital Fund pursuant to section
729 of the Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies Appropriations Act, 2002
(7 U.S.C. 2235a; Public Law 107-76) shall be available for
obligation without written notification to, and the prior
approval of, the Committees on Appropriations of both Houses
of Congress: Provided, That the refunds or rebates so
transferred shall be available for obligation only for the
acquisition of property, plant and
[[Page H3965]]
equipment, including equipment for the improvement, delivery,
and implementation of Departmental financial management,
information technology, and other support systems necessary
for the delivery of financial, administrative, and
information technology services, including cloud adoption and
migration, of primary benefit to the agencies of the
Department of Agriculture.
Sec. 726. None of the funds made available by this Act may
be used to implement, administer, or enforce the ``variety''
requirements of the final rule entitled ``Enhancing Retailer
Standards in the Supplemental Nutrition Assistance Program
(SNAP)'' published by the Department of Agriculture in the
Federal Register on December 15, 2016 (81 Fed. Reg. 90675)
until the Secretary of Agriculture amends the definition of
the term ``variety'' as defined in section 278.1(b)(1)(ii)(C)
of title 7, Code of Federal Regulations, and ``variety'' as
applied in the definition of the term ``staple food'' as
defined in section 271.2 of title 7, Code of Federal
Regulations, to increase the number of items that qualify as
acceptable varieties in each staple food category so that the
total number of such items in each staple food category
exceeds the number of such items in each staple food category
included in the final rule as published on December 15, 2016:
Provided, That until the Secretary promulgates such
regulatory amendments, the Secretary shall apply the
requirements regarding acceptable varieties and breadth of
stock to Supplemental Nutrition Assistance Program retailers
that were in effect on the day before the date of the
enactment of the Agricultural Act of 2014 (Public Law 113-
79).
Sec. 727. In carrying out subsection (h) of section 502 of
the Housing Act of 1949 (42 U.S.C. 1472), the Secretary of
Agriculture shall have the same authority with respect to
loans guaranteed under such section and eligible lenders for
such loans as the Secretary has under subsections (h) and (j)
of section 538 of such Act (42 U.S.C. 1490p-2) with respect
to loans guaranteed under such section 538 and eligible
lenders for such loans.
Sec. 728. None of the funds appropriated or otherwise made
available by this Act shall be available for the United
States Department of Agriculture to propose, finalize or
implement any regulation that would promulgate new user fees
pursuant to 31 U.S.C. 9701 after the date of the enactment of
this Act.
Sec. 729. None of the funds made available by this or any
other Act may be used to carry out the final rule promulgated
by the Food and Drug Administration and put into effect
November 16, 2015, in regards to the hazard analysis and
risk-based preventive control requirements of the current
good manufacturing practice, hazard analysis, and risk-based
preventive controls for food for animals rule with respect to
the regulation of the production, distribution, sale, or
receipt of dried spent grain byproducts of the alcoholic
beverage production process.
Sec. 730. The National Bio and Agro-Defense Facility shall
be transferred this or any fiscal year hereafter without
reimbursement from the Secretary of Homeland Security to the
Secretary of Agriculture.
Sec. 731. (a) The Secretary of Agriculture shall--
(1) conduct audits in a manner that evaluates the following
factors in the country or region being audited, as
applicable--
(A) veterinary control and oversight;
(B) disease history and vaccination practices;
(C) livestock demographics and traceability;
(D) epidemiological separation from potential sources of
infection;
(E) surveillance practices;
(F) diagnostic laboratory capabilities; and
(G) emergency preparedness and response; and
(2) promptly make publicly available the final reports of
any audits or reviews conducted pursuant to subsection (1).
(b) This section shall be applied in a manner consistent
with United States obligations under its international trade
agreements.
Sec. 732. None of the funds made available by this Act may
be used to implement section 3.7(f) of the Farm Credit Act of
1971 in a manner inconsistent with section 343(a)(13) of the
Consolidated Farm and Rural Development Act.
Sec. 733. In this fiscal year and thereafter, and
notwithstanding any other provision of law, none of the funds
made available by this Act may be used to carry out any
activities or incur any expense related to the issuance of
licenses under section 3 of the Animal Welfare Act (7 U.S.C.
2133), or the renewal of such licenses, to class B dealers
who sell Random Source dogs and cats for use in research,
experiments, teaching, or testing.
Sec. 734. (a)(1) No Federal funds made available for this
fiscal year for the rural water, waste water, waste disposal,
and solid waste management programs authorized by sections
306, 306A, 306C, 306D, 306E, and 310B of the Consolidated
Farm and Rural Development Act (7 U.S.C. 1926 et seq.) shall
be used for a project for the construction, alteration,
maintenance, or repair of a public water or wastewater system
unless all of the iron and steel products used in the project
are produced in the United States.
(2) In this section, the term ``iron and steel products''
means the following products made primarily of iron or steel:
lined or unlined pipes and fittings, manhole covers and other
municipal castings, hydrants, tanks, flanges, pipe clamps and
restraints, valves, structural steel, reinforced precast
concrete, and construction materials.
(b) Subsection (a) shall not apply in any case or category
of cases in which the Secretary of Agriculture (in this
section referred to as the ``Secretary'') or the designee of
the Secretary finds that--
(1) applying subsection (a) would be inconsistent with the
public interest;
(2) iron and steel products are not produced in the United
States in sufficient and reasonably available quantities or
of a satisfactory quality; or
(3) inclusion of iron and steel products produced in the
United States will increase the cost of the overall project
by more than 25 percent.
(c) If the Secretary or the designee receives a request for
a waiver under this section, the Secretary or the designee
shall make available to the public on an informal basis a
copy of the request and information available to the
Secretary or the designee concerning the request, and shall
allow for informal public input on the request for at least
15 days prior to making a finding based on the request. The
Secretary or the designee shall make the request and
accompanying information available by electronic means,
including on the official public Internet Web site of the
Department.
(d) This section shall be applied in a manner consistent
with United States obligations under international
agreements.
(e) The Secretary may retain up to 0.25 percent of the
funds appropriated in this Act for ``Rural Utilities
Service--Rural Water and Waste Disposal Program Account'' for
carrying out the provisions described in subsection (a)(1)
for management and oversight of the requirements of this
section.
(f) Subsection (a) shall not apply with respect to a
project for which the engineering plans and specifications
include use of iron and steel products otherwise prohibited
by such subsection if the plans and specifications have
received required approvals from State agencies prior to the
date of enactment of this Act.
(g) For purposes of this section, the terms ``United
States'' and ``State'' shall include each of the several
States, the District of Columbia, and each Federally
recognized Indian tribe.
Sec. 735. None of the funds appropriated by this Act may
be used in any way, directly or indirectly, to influence
congressional action on any legislation or appropriation
matters pending before Congress, other than to communicate to
Members of Congress as described in 18 U.S.C. 1913.
Sec. 736. Of the total amounts made available by this Act
for direct loans and grants under the following headings:
``Rural Housing Service--Rural Housing Insurance Fund Program
Account''; ``Rural Housing Service--Mutual and Self-Help
Housing Grants''; ``Rural Housing Service--Rural Housing
Assistance Grants''; ``Rural Housing Service--Rural Community
Facilities Program Account''; ``Rural Business-Cooperative
Service--Rural Business Program Account''; ``Rural Business-
Cooperative Service--Rural Economic Development Loans Program
Account''; ``Rural Business-Cooperative Service--Rural
Cooperative Development Grants''; ``Rural Business-
Cooperative Service--Rural Microentrepreneur Assistance
Program''; ``Rural Utilities Service--Rural Water and Waste
Disposal Program Account''; ``Rural Utilities Service--Rural
Electrification and Telecommunications Loans Program
Account''; and ``Rural Utilities Service--Distance Learning,
Telemedicine, and Broadband Program'', to the maximum extent
feasible, at least 10 percent of the funds shall be allocated
for assistance in persistent poverty counties under this
section, including, notwithstanding any other provision
regarding population limits, any county seat of such a
persistent poverty county that has a population that does not
exceed the authorized population limit by more than 10
percent: Provided, That for purposes of this section, the
term ``persistent poverty counties'' means any county that
has had 20 percent or more of its population living in
poverty over the past 30 years, as measured by the 1990 and
2000 decennial censuses, and 2007-2011 American Community
Survey 5-year average, or any territory or possession of the
United States: Provided further, That with respect to
specific activities for which program levels have been made
available by this Act that are not supported by budget
authority, the requirements of this section shall be applied
to such program level.
Sec. 737. None of the funds made available by this Act may
be used to notify a sponsor or otherwise acknowledge receipt
of a submission for an exemption for investigational use of a
drug or biological product under section 505(i) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(i)) or
section 351(a)(3) of the Public Health Service Act (42 U.S.C.
262(a)(3)) in research in which a human embryo is
intentionally created or modified to include a heritable
genetic modification. Any such submission shall be deemed to
have not been received by the Secretary, and the exemption
may not go into effect.
Sec. 738. None of the funds made available by this or any
other Act may be used to enforce the final rule promulgated
by the Food and Drug Administration entitled ``Standards for
the Growing, Harvesting, Packing, and Holding of Produce for
Human Consumption,'' and published on November 27, 2015, with
respect to the regulation of entities that grow, harvest,
pack, or hold wine grapes, hops, pulse crops, or almonds.
Sec. 739. There is hereby appropriated $5,000,000, to
remain available until September 30, 2023, for a pilot
program for the National Institute of Food and Agriculture to
provide grants to nonprofit organizations for programs and
services to establish and enhance farming and ranching
opportunities for military veterans.
Sec. 740. For school year 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).
[[Page H3966]]
Sec. 741. None of the funds made available by this Act or
any other Act may be used--
(1) in contravention of section 7606 of the Agricultural
Act of 2014 (7 U.S.C. 5940), subtitle G of the Agricultural
Marketing Act of 1946, or section 10114 of the Agriculture
Improvement Act of 2018; or
(2) to prohibit the transportation, processing, sale, or
use of hemp, or seeds of such plant, that is grown or
cultivated in accordance with section 7606 of the
Agricultural Act of 2014 (7 U.S.C. 5940) or Subtitle G of the
Agricultural Marketing Act of 1946, within or outside the
State in which the industrial 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 $3,000,000 to carry
out section 1621 of Public Law 110-246.
Sec. 744. There is hereby appropriated $1,000,000 to carry
out section 3307 of Public Law 115-334.
Sec. 745. 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. 746. 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. 747. There is hereby appropriated $3,000,000, to
remain available until September 30, 2023, to carry out
section 4208 of Public Law 115-334.
Sec. 748. There is hereby appropriated $5,000,000 to carry
out section 12301 of Public Law 115-334.
Sec. 749. There is hereby appropriated $5,000,000 to carry
out section 1450 of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3222e)
as amended by section 7120 of Public Law 115-334.
Sec. 750. There is hereby appropriated $2,000,000 to carry
out section 1671 of the Food, Agriculture, Conservation, and
Trade Act of 1990 (7 U.S.C. 5924) as amended by section 7208
of Public Law 115-334.
Sec. 751. 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. 752. There is hereby appropriated $10,000,000 to
remain available until September 30, 2023, to carry out
section 4206 of Public Law 115-334.
Sec. 753. 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. 754. In this fiscal year and thereafter, and
notwithstanding any other provision of law, ARS facilities as
described in the ``Memorandum of Understanding Between the
U.S. Department of Agriculture Animal and Plant Health
Inspection Service (APHIS) and the U.S. Department of
Agriculture Agricultural Research Service (ARS) Concerning
Laboratory Animal Welfare'' (16-6100-0103-MU Revision 16-1)
shall be inspected by APHIS for compliance with the Animal
Welfare Act and its regulations and standards.
Sec. 755. 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. 756. 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. 757. In addition to any funds made available in this
Act or any other Act, there is hereby appropriated
$10,000,000, to remain available until September 30, 2023,
for grants from the National Institute of Food and
Agriculture to the 1890 Institutions to support the Centers
of Excellence.
Sec. 758. 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. 759. In addition to amounts otherwise made available
by this or any other Act, there is hereby appropriated
$5,000,000, to remain available until expended, to the
Secretary for a pilot program to provide grants to a regional
consortium to fund technical assistance and construction of
regional wastewater systems for historically impoverished
communities that have had difficulty in installing
traditional wastewater treatment systems due to soil
conditions.
Sec. 760. There is hereby appropriated $10,000,000, to
remain 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.
Sec. 761. 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. 762. 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.
Sec. 763. There is hereby appropriated $400,000 to carry
out section 1672(g)(4)(B) of the Food, Agriculture,
Conservation, and Trade Act of 1990 (7 U.S.C. 5925(g)(4(B))
as amended by section 7209 of Public Law 115-334.
Sec. 764. For an additional amount for ``National
Institute of Food and Agriculture--Research and Education
Activities'', $2,000,000, 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. 765. 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. 766. Section 7605(b) of the Agriculture Improvement
Act of 2018 (7 U.S.C. 5940 note; Public Law 115-334) is
amended by striking ``January 1, 2022'' and inserting
``January 1, 2023''.
Sec. 767. 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. 768. None of the funds made available by this or any
other act may be used to restrict the offering of low-fat (1%
fat) flavored milk in the National School Lunch Program or
School Breakfast Program, as long as such milk is not
inconsistent with the most recent Dietary Guidelines for
Americans published under section 301 of the National
Nutrition Monitoring and Related Research Act of 1990.
Sec. 769. 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. 770. 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''.
[[Page H3967]]
Sec. 771. 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. 772. For an additional amount for ``National
Institute of Food and Agriculture--Research and Education
Activities'', $300,000, for the Under Secretary for Research,
Education, and Economics to convene a blue-ribbon panel for
the purpose of evaluating the overall structure of research
and education through the public and land-grant universities,
including 1890 Institutions, to define a new architecture
that can better integrate, coordinate, and assess economic
impact of the collective work of these institutions.
Sec. 773. For an additional amount for ``National
Institute of Food and Agriculture--Research and Education
Activities'', $6,000,000, 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. 774. Section 788 of the Further Consolidated
Appropriations Act, 2020 (Public Law 116-94) is amended by
amending subsections (b)(1), (b)(2) and (b)(3) to read as
follows:
``(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 preceding
three years;
``(2) all final Animal Welfare Act and Horse Protection Act
enforcement records for the current year and the preceding
three years;
``(3) all reports or other materials documenting any
violations and non-compliances observed by USDA officials for
the current year and preceding three years; and''.
Sec. 775. 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. 776. (a) The Secretary of Agriculture, acting through
the Administrator of the Food Safety and Inspection Service,
shall--
(1) revoke any line speed waivers issued to a processor
subject to the Federal Meat Inspection Act (21 U.S.C. 601 et
seq.) or the Poultry Products Inspection Act (21 U.S.C. 451
et seq.) during the period beginning on or after the first
day of the COVID-19 emergency period and ending on the date
of the enactment of this Act; and
(2) subject to subsection (b), not issue any such waivers
on or after such date of enactment, for the duration of the
COVID-19 emergency period.
(b) Notwithstanding subsection (a), the Secretary may issue
a line speed waiver to a processor referred to in such
subsection, if such processor--
(1) agrees to an inspection for such purpose conducted by
the Assistant Secretary of Labor for Occupational Safety and
Health; and
(2) the Assistant Secretary certifies to the Secretary of
Agriculture that any increases in line speed at such
processor's facilities would not have an adverse impact on
worker safety.
(c) For purposes of this section, the term ``COVID-19
emergency period'' has the meaning given the term ``emergency
period'' in section 1135(g)(1)(B) of the Social Security Act
(42 U.S.C. 1320b-5(g)(1)(B)).
Sec. 777. The Secretary of Agriculture shall take such
actions as may be necessary to prohibit the purchase of
agricultural land located in the United States by companies
owned, in full or in part, by China, Russia, Iran, or North
Korea. Beginning on the date of the enactment of this Act,
agricultural land owned by China, Russia, Iran, or North
Korea or companies owned, in full or in part, by China,
Russia, Iran, or North Korea shall not be eligible for
participation in programs administered by the Secretary of
Agriculture.
This division may be cited as the ``Agriculture, Rural
Development, Food and Drug Administration, and Related
Agencies Appropriations Act, 2022''.
DIVISION C--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, $155,000,000, to remain
available until expended.
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); $2,591,732,000, to remain available until
expended; of which $100,820,000 shall be derived from the
Harbor Maintenance Trust Fund to cover the Federal share of
construction costs for facilities under the Dredged Material
Disposal Facilities program; and of which such sums as are
necessary to cover 35 percent of the costs of construction,
replacement, rehabilitation, and expansion of inland
waterways projects shall be derived from the Inland Waterways
Trust Fund, except as otherwise specifically provided for in
law.
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 shall be derived from the Harbor Maintenance
Trust Fund to cover the Federal share of eligible operation
and maintenance costs for inland harbors.
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, $4,817,000,000, to remain
available until expended, of which $1,938,160,339 shall be
derived from the Harbor Maintenance Trust Fund to cover the
Federal share of eligible operation and maintenance costs for
coastal harbors and channels, and for inland harbors; 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 Public Law 113-121; 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; and 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:
Provided, That 1 percent of the total amount of funds
provided for each of the programs, projects, or activities
funded under this heading shall not be allocated to a field
operating activity prior to the beginning of the fourth
quarter of the fiscal year and shall be available for use by
the Chief of Engineers to fund such emergency activities as
the Chief of Engineers determines to be necessary and
appropriate, and that the Chief of Engineers shall allocate
during the fourth quarter any remaining funds which have not
been used for emergency activities proportionally in
accordance with the amounts provided for the programs,
projects, or activities.
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, $250,000,000, to
remain available until expended.
flood control and coastal emergencies
For expenses necessary to prepare for flood, hurricane, and
other natural disasters and support emergency operations,
repairs, and other activities in response to such disasters
as authorized by law, $35,000,000, to remain available until
expended.
expenses
For expenses necessary for the supervision and general
administration of the civil works program in the headquarters
of the Corps of Engineers and the offices of the Division
Engineers; and for costs of management and operation of the
Humphreys Engineer Center Support Activity, the Institute for
Water Resources, the United States Army Engineer Research and
Development Center, and the United States Army Corps of
Engineers Finance Center allocable to the civil works
program, $208,000,000, to remain available until September
30, 2023, of which not to exceed $5,000 may be used for
official reception and representation purposes and
[[Page H3968]]
only during the current fiscal year: Provided, That no part
of any other appropriation provided in this title shall be
available to fund the civil works activities of the Office of
the Chief of Engineers or the civil works executive direction
and management activities of the division offices: Provided
further, That any Flood Control and Coastal Emergencies
appropriation may be used to fund the supervision and general
administration of emergency operations, repairs, and other
activities in response to any flood, hurricane, or other
natural disaster.
office of the assistant secretary of the army for civil works
For the Office of the Assistant Secretary of the Army for
Civil Works as authorized by 10 U.S.C. 3016(b)(3),
$5,000,000, to remain available until September 30, 2023:
Provided, That not more than 75 percent of such amount may be
obligated or expended until the Assistant Secretary submits
to the Committees on Appropriations of both Houses of
Congress a work plan that allocates at least 95 percent of
the additional funding provided under each heading in this
title, as designated under such heading in the report
accompanying this Act, to specific programs, projects, or
activities.
water infrastructure finance and innovation program
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, $5,700,000, 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 $570,000,000: Provided further,
That within 15 days of enactment of this Act, the Secretary,
in consultation with the Office of Management and Budget,
shall transmit a report to the Committees on Appropriations
of the House of Representatives and the Senate that provides:
(1) an analysis of how subsidy rates will be determined for
loans financed by appropriations provided under this heading
in this Act; (2) a comparison of the factors that will be
considered in estimating subsidy rates for loans financed
under this heading in this Act with factors that will be
considered in estimates of subsidy rates for other projects
authorized by the Water Infrastructure Finance and Innovation
Act of 2014, including an analysis of how both sets of rates
will be determined; and (3) an analysis of the process for
developing draft regulations for the Water Infrastructure
Finance and Innovation program, including a crosswalk from
the statutory requirements for such program, and a timetable
for publishing such regulations: Provided further, That the
use of direct loans or loan guarantee authority under this
heading for direct loans or commitments to guarantee loans
for any project shall be in accordance with the criteria
published in the Federal Register on June 30, 2020 (85 FR
39189) pursuant to the fourth proviso under the heading
``Water Infrastructure Finance and Innovation Program
Account'' in division D of the Further Consolidated
Appropriations Act, 2020 (Public Law 116-94): Provided
further, That none of the direct loans or loan guarantee
authority made available under this heading shall be
available for any project unless the Secretary and the
Director of the Office of Management and Budget have
certified in advance in writing that the direct loan or loan
guarantee, as applicable, and the project comply with the
criteria referenced in the previous proviso: Provided
further, That any references to the Environmental Protection
Agency (EPA) or the Administrator in the criteria referenced
in the previous two provisos shall be deemed to be references
to the Army Corps of Engineers or the Secretary of the Army,
respectively, for purposes of the direct loans or loan
guarantee authority made available under this heading:
Provided further, That for the purposes of carrying out the
Congressional Budget Act of 1974, the Director of the
Congressional Budget Office may request, and the Secretary
shall promptly provide, documentation and information
relating to a project identified in a Letter of Interest
submitted to the Secretary pursuant to a Notice of Funding
Availability for applications for credit assistance under the
Water Infrastructure Finance and Innovation Act Program,
including with respect to a project that was initiated or
completed before the date of enactment of this Act.
In addition, fees authorized to be collected pursuant to
sections 5029 and 5030 of the Water Infrastructure Finance
and Innovation Act of 2014 shall be deposited in this
account, to remain available until expended.
In addition, for administrative expenses to carry out the
direct and guaranteed loan programs, $8,500,000, to remain
available until September 30, 2023.
GENERAL PROVISIONS--CORPS OF ENGINEERS--CIVIL
(including transfer of funds)
Sec. 101. (a) None of the funds provided in title I of this
Act, or provided by previous appropriations Acts to the
agencies or entities funded in title I of this Act that
remain available for obligation or expenditure in fiscal year
2022, shall be available for obligation or expenditure
through a reprogramming of funds that:
(1) creates or initiates a new program, project, or
activity;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel for any program, project,
or activity for which funds have been denied or restricted by
this Act, unless prior approval is received from the
Committees on Appropriations of both Houses of Congress;
(4) proposes to use funds directed for a specific activity
for a different purpose, unless prior approval is received
from the Committees on Appropriations of both Houses of
Congress;
(5) augments or reduces existing programs, projects, or
activities in excess of the amounts contained in paragraphs
(6) through (10), unless prior approval is received from the
Committees on Appropriations of both Houses of Congress;
(6) INVESTIGATIONS.--For a base level over $100,000,
reprogramming of 25 percent of the base amount up to a limit
of $150,000 per project, study or activity is allowed:
Provided, That for a base level less than $100,000, the
reprogramming limit is $25,000: Provided further, That up to
$25,000 may be reprogrammed into any continuing study or
activity that did not receive an appropriation for existing
obligations and concomitant administrative expenses;
(7) CONSTRUCTION.--For a base level over $2,000,000,
reprogramming of 15 percent of the base amount up to a limit
of $3,000,000 per project, study or activity is allowed:
Provided, That for a base level less than $2,000,000, the
reprogramming limit is $300,000: Provided further, That up to
$3,000,000 may be reprogrammed for settled contractor claims,
changed conditions, or real estate deficiency judgments:
Provided further, That up to $300,000 may be reprogrammed
into any continuing study or activity that did not receive an
appropriation for existing obligations and concomitant
administrative expenses;
(8) OPERATION AND MAINTENANCE.--Unlimited reprogramming
authority is granted for the Corps to be able to respond to
emergencies: Provided, That the Chief of Engineers shall
notify the Committees on Appropriations of both Houses of
Congress of these emergency actions as soon thereafter as
practicable: Provided further, That for a base level over
$1,000,000, reprogramming of 15 percent of the base amount up
to a limit of $5,000,000 per project, study, or activity is
allowed: Provided further, That for a base level less than
$1,000,000, the reprogramming limit is $150,000: Provided
further, That $150,000 may be reprogrammed into any
continuing study or activity that did not receive an
appropriation;
(9) MISSISSIPPI RIVER AND TRIBUTARIES.--The reprogramming
guidelines in paragraphs (6), (7), and (8) shall apply to the
Investigations, Construction, and Operation and Maintenance
portions of the Mississippi River and Tributaries Account,
respectively; and
(10) FORMERLY UTILIZED SITES REMEDIAL ACTION PROGRAM.--
Reprogramming of up to 15 percent of the base of the
receiving project is permitted.
(b) DE MINIMUS REPROGRAMMINGS.--In no case should a
reprogramming for less than $50,000 be submitted to the
Committees on Appropriations of both Houses of Congress.
(c) CONTINUING AUTHORITIES PROGRAM.--Subsection (a)(1)
shall not apply to any project or activity funded under the
continuing authorities program.
(d) Not later than 60 days after the date of enactment of
this Act, the Secretary shall submit a report to the
Committees on Appropriations of both Houses of Congress to
establish the baseline for application of reprogramming and
transfer authorities for the current fiscal year which shall
include:
(1) A table for each appropriation with a separate column
to display the President's budget request, adjustments made
by Congress, adjustments due to enacted rescissions, if
applicable, and the fiscal year enacted level; and
(2) A delineation in the table for each appropriation both
by object class and program, project and activity as detailed
in the budget appendix for the respective appropriations; and
(3) An identification of items of special congressional
interest.
Sec. 102. The Secretary shall allocate funds made
available in this title solely in accordance with the
provisions of this Act and the report accompanying this Act.
Sec. 103. None of the funds made available in this title
may be used to award or modify any contract that commits
funds beyond the amounts appropriated for that program,
project, or activity that remain unobligated, except that
such amounts may include any funds that have been made
available through reprogramming pursuant to section 101.
Sec. 104. The Secretary of the Army may transfer to the
Fish and Wildlife Service, and the Fish and Wildlife Service
may accept and expend, up to $5,400,000 of funds provided in
this title under the heading ``Operation and Maintenance'' to
mitigate for fisheries lost due to Corps of Engineers
projects.
Sec. 105. None of the funds in this Act shall be used for
an open lake placement alternative for dredged material,
after evaluating the least costly, environmentally acceptable
manner for the disposal or management of dredged material
originating from Lake Erie or tributaries thereto, unless it
is certified 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 certified
under a State water quality certification, the Corps of
Engineers shall continue upland placement of such dredged
material consistent with the requirements of section 101 of
the Water Resources Development Act of 1986 (33 U.S.C. 2211).
Sec. 106. None of the funds made available by this Act may
be used to carry out any water supply reallocation study
under the Wolf Creek
[[Page H3969]]
Dam, Lake Cumberland, Kentucky, project authorized under the
Act of July 24, 1946 (60 Stat. 636, ch. 595).
Sec. 107. None of the funds made available by this Act or
any other Act may be used to reorganize or to transfer the
Civil Works functions or authority of the Corps of Engineers
or the Secretary of the Army to another department or agency.
Sec. 108. Additional funding provided in this Act shall be
allocated only to projects determined to be eligible by the
Chief of Engineers.
TITLE II
DEPARTMENT OF THE INTERIOR
Central Utah Project
central utah project completion account
For carrying out activities authorized by the Central Utah
Project Completion Act, $20,000,000, 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, $1,792,000,000, 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 $1,000,000 shall be available for
transfer into the Aging Infrastructure Account established by
section 9603(d)(1) of the Omnibus Public Land Management Act
of 2009, as amended (43 U.S.C. 510b(d)(1)): Provided
further, That such transfers, except for the transfer
authorized by the preceding proviso, may be increased or
decreased within the overall appropriation under this
heading: Provided further, That of the total appropriated,
the amount for program activities that can be financed by the
Reclamation Fund, the Water Storage Enhancement Receipts
account established by section 4011(e) of Public Law 114-322,
or the Bureau of Reclamation special fee account established
by 16 U.S.C. 6806 shall be derived from that Fund or account:
Provided further, That funds contributed under 43 U.S.C. 395
are available until expended for the purposes for which the
funds were contributed: Provided further, That funds
advanced under 43 U.S.C. 397a shall be credited to this
account and are available until expended for the same
purposes as the sums appropriated under this heading:
Provided further, That of the amounts made available under
this heading, $10,000,000 shall be deposited in the San
Gabriel Basin Restoration Fund established by section 110 of
title I of 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.
central valley project restoration fund
For carrying out the programs, projects, plans, habitat
restoration, improvement, and acquisition provisions of the
Central Valley Project Improvement Act, $56,499,000, to be
derived from such sums as may be collected in the Central
Valley Project Restoration Fund pursuant to sections 3407(d),
3404(c)(3), and 3405(f) of Public Law 102-575, to remain
available until expended: Provided, That the Bureau of
Reclamation is directed to assess and collect the full amount
of the additional mitigation and restoration payments
authorized by section 3407(d) of Public Law 102-575:
Provided further, That none of the funds made available under
this heading may be used for the acquisition or leasing of
water for in-stream purposes if the water is already
committed to in-stream purposes by a court adopted decree or
order.
california bay-delta restoration
(including transfers of funds)
For carrying out activities authorized by the Water Supply,
Reliability, and Environmental Improvement Act, consistent
with plans to be approved by the Secretary of the Interior,
$33,000,000, to remain available until expended, of which
such amounts as may be necessary to carry out such activities
may be transferred to appropriate accounts of other
participating Federal agencies to carry out authorized
purposes: Provided, That funds appropriated herein may be
used for the Federal share of the costs of CALFED Program
management: Provided further, That CALFED implementation
shall be carried out in a balanced manner with clear
performance measures demonstrating concurrent progress in
achieving the goals and objectives of the Program.
policy and administration
For expenses necessary for policy, administration, and
related functions in the Office of the Commissioner, the
Denver office, and offices in the six regions of the Bureau
of Reclamation, to remain available until September 30, 2023,
$64,400,000, to be derived from the Reclamation Fund and be
nonreimbursable as provided in 43 U.S.C. 377: Provided, That
no part of any other appropriation in this Act shall be
available for activities or functions budgeted as policy and
administration expenses.
administrative provision
Appropriations for the Bureau of Reclamation shall be
available for purchase and replacement of not to exceed 30
motor vehicles, which are for replacement only.
GENERAL PROVISIONS--DEPARTMENT OF THE INTERIOR
Sec. 201. (a) None of the funds provided in title II of
this Act for Water and Related Resources, or provided by
previous or subsequent appropriations Acts to the agencies or
entities funded in title II of this Act for Water and Related
Resources that remain available for obligation or expenditure
in fiscal year 2022, shall be available for obligation or
expenditure through a reprogramming of funds that--
(1) initiates or creates a new program, project, or
activity;
(2) eliminates a program, project, or activity;
(3) increases funds for any program, project, or activity
for which funds have been denied or restricted by this Act,
unless prior approval is received from the Committees on
Appropriations of both Houses of Congress;
(4) restarts or resumes any program, project or activity
for which funds are not provided in this Act, unless prior
approval is received from the Committees on Appropriations of
both Houses of Congress;
(5) transfers funds in excess of the following limits,
unless prior approval is received from the Committees on
Appropriations of both Houses of Congress:
(A) 15 percent for any program, project or activity for
which $2,000,000 or more is available at the beginning of the
fiscal year; or
(B) $400,000 for any program, project or activity for which
less than $2,000,000 is available at the beginning of the
fiscal year;
(6) transfers more than $500,000 from either the Facilities
Operation, Maintenance, and Rehabilitation category or the
Resources Management and Development category to any program,
project, or activity in the other category, unless prior
approval is received from the Committees on Appropriations of
both Houses of Congress; or
(7) transfers, where necessary to discharge legal
obligations of the Bureau of Reclamation, more than
$5,000,000 to provide adequate funds for settled contractor
claims, increased contractor earnings due to accelerated
rates of operations, and real estate deficiency judgments,
unless prior approval is received from the Committees on
Appropriations of both Houses of Congress.
(b) Subsection (a)(5) shall not apply to any transfer of
funds within the Facilities Operation, Maintenance, and
Rehabilitation category.
(c) For purposes of this section, the term ``transfer''
means any movement of funds into or out of a program,
project, or activity.
(d) Except as provided in subsections (a) and (b), the
amounts made available in this title under the heading
``Bureau of Reclamation--Water and Related Resources'' shall
be expended for the programs, projects, and activities
specified in the ``House Recommended'' columns in the ``Water
and Related Resources'' table included under the heading
``Title II--Department of the Interior'' in the report
accompanying this Act.
(e) The Bureau of Reclamation shall submit reports on a
quarterly basis to the Committees on Appropriations of both
Houses of Congress detailing all the funds reprogrammed
between programs, projects, activities, or categories of
funding. The first quarterly report shall be submitted not
later than 60 days after the date of enactment of this Act.
Sec. 202. (a) None of the funds appropriated or otherwise
made available by this Act may be used to determine the final
point of discharge for the interceptor drain for the San Luis
Unit until development by the Secretary of the Interior and
the State of California of a plan, which shall conform to the
water quality standards of the State of California as
approved by the Administrator of the Environmental Protection
Agency, to minimize any detrimental effect of the San Luis
drainage waters.
(b) The costs of the Kesterson Reservoir Cleanup Program
and the costs of the San Joaquin Valley Drainage Program
shall be classified by the Secretary of the Interior as
reimbursable or nonreimbursable and collected until fully
repaid pursuant to the ``Cleanup Program--Alternative
Repayment Plan'' and the ``SJVDP--Alternative Repayment
Plan'' described in the report entitled ``Repayment Report,
Kesterson Reservoir Cleanup Program and San Joaquin Valley
Drainage Program, February 1995'', prepared by the Department
of the Interior, Bureau of Reclamation. Any future
obligations of funds by the United States relating to, or
providing for, drainage service or drainage studies for the
San Luis Unit shall be fully reimbursable by San Luis Unit
beneficiaries of such service or studies pursuant to Federal
reclamation law.
Sec. 203. Section 9504(e) of the Omnibus Public Land
Management Act of 2009 (Public Law 111-11; 42 U.S.C.
10364(e)) is amended by striking ``$610,000,000'' and
inserting ``$730,000,000''.
Sec. 204. Title I of Public Law 108-361 (the CALFED Bay-
Delta Authorization Act) (118
[[Page H3970]]
Stat. 1681) is amended by striking ``2021'' each place it
appears and inserting ``2022''.
Sec. 205. Section 9106(g)(2) of Public Law 111-11 (Omnibus
Public Land Management Act of 2009) is amended by striking
``2021'' and inserting ``2022''.
Sec. 206. (a) Section 104(c) of the Reclamation States
Emergency Drought Relief Act of 1991 (Public Law 102-250; 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 (Public Law 102-250; 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 provided in this Act may be
used for the Shasta Dam and Reservoir Enlargement Project.
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, $3,768,000,000, to
remain available until expended: Provided, That of such
amount, $230,000,000 shall be available until September 30,
2023, for program direction.
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, $177,000,000, to remain available until
expended: Provided, That of such amount, $15,000,000 shall
be available until September 30, 2023, for program direction.
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, $267,000,000, to remain available until
expended: Provided, That of such amount, $20,000,000 shall
be available until September 30, 2023, for program direction.
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, $1,675,000,000, to remain available until
expended: Provided, That of such amount, $85,000,000 shall
be available until September 30, 2023, for program direction.
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),
$820,000,000, to remain available until expended: Provided,
That of such amount $65,800,000 shall be available until
September 30, 2023, for program direction.
Naval Petroleum and Oil Shale Reserves
For Department of Energy expenses necessary to carry out
naval petroleum and oil shale reserve activities,
$13,650,000, to remain available until expended: Provided,
That notwithstanding any other provision of law, unobligated
funds remaining from prior years shall be available for all
naval petroleum and oil shale reserve activities.
Strategic Petroleum Reserve
For Department of Energy expenses necessary for Strategic
Petroleum Reserve facility development and operations and
program management activities pursuant to the Energy Policy
and Conservation Act (42 U.S.C. 6201 et seq.), $197,000,000,
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, $831,340,000,
to be derived from the Uranium Enrichment Decontamination and
Decommissioning Fund, to remain available until expended, of
which $28,000,000 shall be available in accordance with title
X, subtitle A, of the Energy Policy Act of 1992.
Science
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment,
and other expenses necessary for science activities in
carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the
acquisition or condemnation of any real property or any
facility or for plant or facility acquisition, construction,
or expansion, and purchase of not more than 35 passenger
motor vehicles, including one ambulance, for replacement
only, $7,320,000,000, 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, $200,000,000, 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), $600,000,000, to remain
available until expended: Provided, That of such amount,
$48,000,000 shall be available until September 30, 2023, for
program direction.
Title 17 Innovative Technology Loan Guarantee Program
Such sums as are derived from amounts received from
borrowers pursuant to section 1702(b) of the Energy Policy
Act of 2005 under this heading in prior Acts, shall be
collected in accordance with section 502(7) of the
Congressional Budget Act of 1974: Provided, That for
necessary administrative expenses of the Title 17 Innovative
Technology Loan Guarantee Program, as authorized, $32,000,000
is appropriated, to remain available until September 30,
2023: Provided further, That up to $32,000,000 of fees
collected in fiscal year 2022 pursuant to section 1702(h) of
the Energy Policy Act of 2005 shall be credited as offsetting
collections under this heading and used for necessary
administrative expenses in this appropriation and shall
remain available until September 30, 2023: Provided further,
That to the extent that fees collected in fiscal year 2022
exceed $32,000,000, those excess amounts shall be credited as
offsetting collections under this heading and available in
future fiscal years only to the extent provided in advance in
appropriations Acts: Provided further, That the sum herein
appropriated from the general fund shall be reduced (1) as
such fees are
[[Page H3971]]
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.
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.), $70,000,000, to
remain available until expended: Provided, That of the
amount appropriated under this heading, $5,523,000 shall be
available until September 30, 2023, for program direction.
Departmental Administration
For salaries and expenses of the Department of Energy
necessary for departmental administration in carrying out the
purposes of the Department of Energy Organization Act (42
U.S.C. 7101 et seq.), $372,578,000, 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 $272,000,000.
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,
$15,484,295,000, 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, $2,340,000,000, to
remain available until expended.
Naval Reactors
(including transfer of funds)
For Department of Energy expenses necessary for naval
reactors activities to carry out the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the
acquisition (by purchase, condemnation, construction, or
otherwise) of real property, plant, and capital equipment,
facilities, and facility expansion, $1,866,705,000, 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,
$6,592,000,000, to remain available until expended:
Provided, That of such amount, $300,207,000 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, $831,340,000, to be deposited
into the Defense Environmental Cleanup account, which shall
be transferred to the Uranium Enrichment Decontamination and
Decommissioning Fund.
Other Defense Activities
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment
and other expenses, necessary for atomic energy defense,
other defense activities, and classified activities, in
carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the
acquisition or condemnation of any real property or any
facility or for plant or facility acquisition, construction,
or expansion, $932,000,000, to remain available until
expended: Provided, That of such amount, $317,636,000 shall
be available until September 30, 2023, for program direction.
POWER MARKETING ADMINISTRATIONS
Bonneville Power Administration Fund
Expenditures from the Bonneville Power Administration Fund,
established pursuant to Public Law 93-454, are approved for
the Umatilla Hatchery Facility project and, in addition, for
official reception and representation expenses in an amount
not to exceed $5,000: Provided, That during fiscal year
2022, no new direct loan obligations may be made.
Operation and Maintenance, Southeastern Power Administration
For expenses necessary for operation and maintenance of
power transmission facilities and for marketing electric
power and energy, including transmission wheeling and
ancillary services, pursuant to section 5 of the Flood
Control Act of 1944 (16 U.S.C. 825s), as applied to the
southeastern power area, $7,184,000, including official
reception and representation expenses in an amount not to
exceed $1,500, to remain available until expended: Provided,
That notwithstanding 31 U.S.C. 3302 and section 5 of the
Flood Control Act of 1944, up to $7,184,000 collected by the
Southeastern Power Administration from the sale of power and
related services shall be credited to this account as
discretionary offsetting collections, to remain available
until expended for the sole purpose of funding the annual
expenses of the Southeastern Power Administration: Provided
further, That the sum herein appropriated for annual expenses
shall be reduced as collections are received during the
fiscal year so as to result in a final fiscal year 2022
appropriation estimated at not more than $0: Provided
further, That notwithstanding 31 U.S.C. 3302, up to
$53,000,000 collected by the Southeastern Power
Administration pursuant to the Flood Control Act of 1944 to
recover purchase power and wheeling expenses shall be
credited to this account as offsetting collections, to remain
available until expended for the sole purpose of making
purchase power and wheeling expenditures: Provided further,
That for purposes of this appropriation, annual expenses
means expenditures that are generally recovered in the same
year that they are incurred (excluding purchase power and
wheeling expenses).
Operation and Maintenance, Southwestern Power Administration
For expenses necessary for operation and maintenance of
power transmission facilities and for marketing electric
power and energy, for construction and acquisition of
transmission lines, substations and appurtenant facilities,
and for administrative expenses, including official reception
and representation expenses in an amount not to exceed $1,500
in carrying out section 5 of the Flood Control Act of 1944
(16 U.S.C. 825s), as applied to the Southwestern Power
Administration, $48,324,000, to remain available until
expended: Provided, That notwithstanding 31 U.S.C. 3302 and
section 5 of the Flood Control Act of 1944 (16 U.S.C. 825s),
up to $37,924,000 collected by the Southwestern Power
Administration from the sale of power and related services
shall be credited to this account as discretionary offsetting
collections, to remain available until expended, for the sole
purpose of funding the annual expenses of the Southwestern
Power Administration: Provided further, That the sum herein
appropriated for annual expenses shall be reduced as
collections are received during the fiscal year so as to
result in a final fiscal year 2022 appropriation estimated at
not more than $10,400,000: Provided further, That
notwithstanding 31 U.S.C. 3302, up to $18,000,000 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:
[[Page H3972]]
Provided further, That for purposes of this appropriation,
annual expenses means expenditures that are generally
recovered in the same year that they are incurred (excluding
purchase power and wheeling expenses).
Construction, Rehabilitation, Operation and Maintenance, Western Area
Power Administration
For carrying out the functions authorized by title III,
section 302(a)(1)(E) of the Act of August 4, 1977 (42 U.S.C.
7152), and other related activities including conservation
and renewable resources programs as authorized, $285,237,000,
including official reception and representation expenses in
an amount not to exceed $1,500, to remain available until
expended, of which $285,237,000 shall be derived from the
Department of the Interior Reclamation Fund: Provided, That
notwithstanding 31 U.S.C. 3302, section 5 of the Flood
Control Act of 1944 (16 U.S.C. 825s), and section 1 of the
Interior Department Appropriation Act, 1939 (43 U.S.C. 392a),
up to $194,465,000 collected by the Western Area Power
Administration from the sale of power and related services
shall be credited to this account as discretionary offsetting
collections, to remain available until expended, for the sole
purpose of funding the annual expenses of the Western Area
Power Administration: Provided further, That the sum herein
appropriated for annual expenses shall be reduced as
collections are received during the fiscal year so as to
result in a final fiscal year 2022 appropriation estimated at
not more than $90,772,000, of which $90,772,000 is derived
from the Reclamation Fund: Provided further, That
notwithstanding 31 U.S.C. 3302, up to $170,000,000 collected
by the Western Area Power Administration pursuant to the
Flood Control Act of 1944 and the Reclamation Project Act of
1939 to recover purchase power and wheeling expenses shall be
credited to this account as offsetting collections, to remain
available until expended for the sole purpose of making
purchase power and wheeling expenditures: Provided further,
That for purposes of this appropriation, annual expenses
means expenditures that are generally recovered in the same
year that they are incurred (excluding purchase power and
wheeling expenses).
Falcon and Amistad Operating and Maintenance Fund
For operation, maintenance, and emergency costs for the
hydroelectric facilities at the Falcon and Amistad Dams,
$5,808,000, to remain available until expended, and to be
derived from the Falcon and Amistad Operating and Maintenance
Fund of the Western Area Power Administration, as provided in
section 2 of the Act of June 18, 1954 (68 Stat. 255):
Provided, That notwithstanding the provisions of that Act and
of 31 U.S.C. 3302, up to $5,580,000 collected by the Western
Area Power Administration from the sale of power and related
services from the Falcon and Amistad Dams shall be credited
to this account as discretionary offsetting collections, to
remain available until expended for the sole purpose of
funding the annual expenses of the hydroelectric facilities
of these Dams and associated Western Area Power
Administration activities: Provided further, That the sum
herein appropriated for annual expenses shall be reduced as
collections are received during the fiscal year so as to
result in a final fiscal year 2022 appropriation estimated at
not more than $228,000: Provided further, That for purposes
of this appropriation, annual expenses means expenditures
that are generally recovered in the same year that they are
incurred: Provided further, That for fiscal year 2022, the
Administrator of the Western Area Power Administration may
accept up to $1,737,000 in funds contributed by United States
power customers of the Falcon and Amistad Dams for deposit
into the Falcon and Amistad Operating and Maintenance Fund,
and such funds shall be available for the purpose for which
contributed in like manner as if said sums had been
specifically appropriated for such purpose: Provided
further, That any such funds shall be available without
further appropriation and without fiscal year limitation for
use by the Commissioner of the United States Section of the
International Boundary and Water Commission for the sole
purpose of operating, maintaining, repairing, rehabilitating,
replacing, or upgrading the hydroelectric facilities at these
Dams in accordance with agreements reached between the
Administrator, Commissioner, and the power customers.
Federal Energy Regulatory Commission
salaries and expenses
For expenses necessary for the Federal Energy Regulatory
Commission to carry out the provisions of the Department of
Energy Organization Act (42 U.S.C. 7101 et seq.), including
services as authorized by 5 U.S.C. 3109, official reception
and representation expenses not to exceed $3,000, and the
hire of passenger motor vehicles, $466,426,000, to remain
available until expended: Provided, That notwithstanding any
other provision of law, not to exceed $466,426,000 of
revenues from fees and annual charges, and other services and
collections in fiscal year 2022 shall be retained and used
for expenses necessary in this account, and shall remain
available until expended: Provided further, That the sum
herein appropriated from the general fund shall be reduced as
revenues are received during fiscal year 2022 so as to result
in a final fiscal year 2022 appropriation from the general
fund estimated at not more than $0.
GENERAL PROVISIONS--DEPARTMENT OF ENERGY
(including transfers and rescissions of funds)
Sec. 301. (a) No appropriation, funds, or authority made
available by this title for the Department of Energy shall be
used to initiate or resume any program, project, or activity
or to prepare or initiate Requests For Proposals or similar
arrangements (including Requests for Quotations, Requests for
Information, and Funding Opportunity Announcements) for a
program, project, or activity if the program, project, or
activity has not been funded by Congress.
(b)(1) Unless the Secretary of Energy notifies the
Committees on Appropriations of both Houses of Congress at
least 3 full business days in advance, none of the funds made
available in this title may be used to--
(A) make or modify a grant allocation or discretionary
grant award totaling $1,000,000 or more;
(B) make or modify 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 or modify an
allocation, award, or Agreement in excess of the limits in
subparagraph (A) or (B); or
(D) announce publicly the intention to make or modify an
allocation, award, or Agreement in excess of the limits in
subparagraph (A) or (B).
(2) The Secretary of Energy shall submit directly 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 or modified during the
previous quarter.
(3) The notification required by paragraph (1) and the
report required by paragraph (2) shall include the recipient
of the award, the amount of the award, the fiscal year for
which the funds for the award were appropriated, the account
and program, project, or activity from which the funds are
being drawn, the title of the award, and a brief description
of the activity for which the award is made.
(c) The Department of Energy may not, with respect to any
program, project, or activity that uses budget authority made
available in this title under the heading ``Department of
Energy--Energy Programs'', enter into a multiyear contract,
award a multiyear grant, or enter into a multiyear
cooperative agreement unless--
(1) the contract, grant, or cooperative agreement is funded
for the full period of performance as anticipated at the time
of award; or
(2) the contract, grant, or cooperative agreement includes
a clause conditioning the Federal Government's obligation on
the availability of future year budget authority and the
Secretary notifies the Committees on Appropriations of both
Houses of Congress at least 3 days in advance.
(d) Except as provided in subsections (e), (f), and (g),
the amounts made available by this title shall be expended as
authorized by law for the programs, projects, and activities
specified in the ``Bill'' column in the ``Department of
Energy'' table included under the heading ``Title III--
Department of Energy'' in the report accompanying this Act.
(e) The amounts made available by this title may be
reprogrammed for any program, project, or activity, and the
Department shall notify the Committees on Appropriations of
both Houses of Congress at least 30 days prior to the use of
any proposed reprogramming that would cause any program,
project, or activity funding level to increase or decrease by
more than $5,000,000 or 10 percent, whichever is less, during
the time period covered by this Act.
(f) None of the funds provided in this title shall be
available for obligation or expenditure through a
reprogramming of funds that--
(1) creates, initiates, or eliminates a program, project,
or activity;
(2) increases funds or personnel for any program, project,
or activity for which funds are denied or restricted by this
Act; or
(3) reduces funds that are directed to be used for a
specific program, project, or activity by this Act.
(g)(1) The Secretary of Energy may waive any requirement or
restriction in this section that applies to the use of funds
made available for the Department of Energy if compliance
with such requirement or restriction would pose a substantial
risk to human health, the environment, welfare, or national
security.
(2) The Secretary of Energy shall notify the Committees on
Appropriations of both Houses of Congress of any waiver under
paragraph (1) as soon as practicable, but not later than 3
days after the date of the activity to which a requirement or
restriction would otherwise have applied. Such notice shall
include an explanation of the substantial risk under
paragraph (1) that permitted such waiver.
(h) The unexpended balances of prior appropriations
provided for activities in this Act may be available to the
same appropriation accounts for such activities established
pursuant to this title. Available balances may be merged with
funds in the applicable established accounts and thereafter
may be accounted for as one fund for the same time period as
originally enacted.
Sec. 302. Funds appropriated by this or any other Act, or
made available by the transfer of funds in this Act, for
intelligence activities are deemed to be specifically
authorized by the Congress for purposes of section 504 of the
National Security Act of 1947 (50 U.S.C. 3094) during fiscal
year 2022 until the enactment of the Intelligence
Authorization Act for fiscal year 2022.
Sec. 303. None of the funds made available in this title
shall be used for the construction of facilities classified
as high-hazard nuclear facilities under 10 CFR Part 830
unless independent oversight is conducted by the Office of
Enterprise Assessments to ensure the project is in compliance
with nuclear safety requirements.
Sec. 304. None of the funds made available in this title
may be used to approve critical decision-2 or critical
decision-3 under Department of Energy Order 413.3B, or any
successive departmental guidance, for construction projects
where the total project cost exceeds $100,000,000,
[[Page H3973]]
until a separate independent cost estimate has been developed
for the project for that critical decision.
Sec. 305. Notwithstanding section 161 of the Energy Policy
and Conservation Act (42 U.S.C. 6241), upon a determination
by the President in this fiscal year that a regional supply
shortage of refined petroleum product of significant scope
and duration exists, that a severe increase in the price of
refined petroleum product will likely result from such
shortage, and that a draw down and sale of refined petroleum
product would assist directly and significantly in reducing
the adverse impact of such shortage, the Secretary of Energy
may draw down and sell refined petroleum product from the
Strategic Petroleum Reserve. Proceeds from a sale under this
section shall be deposited into the SPR Petroleum Account
established in section 167 of the Energy Policy and
Conservation Act (42 U.S.C. 6247), and such amounts shall be
available for obligation, without fiscal year limitation,
consistent with that section.
Sec. 306. No funds shall be transferred directly from
``Department of Energy--Power Marketing Administration--
Colorado River Basins Power Marketing Fund, Western Area
Power Administration'' to the general fund of the Treasury in
the current fiscal year.
Sec. 307. (a) Of the unobligated balances available to the
Department of Energy from amounts appropriated in prior Acts,
the following funds are hereby rescinded from the following
accounts and programs in the specified amounts--
(1) ``Defense Nuclear Nonproliferation'' for the
construction project ``99-D-143'', $330,000,000; 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. All unavailable collections currently in the
United States Enrichment Corporation Fund shall be
transferred to and merged with the Uranium Enrichment
Decontamination and Decommissioning Fund and shall be
available only to the 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, $210,000,000, to
remain available until expended.
Defense Nuclear Facilities Safety Board
salaries and expenses
For expenses necessary for the Defense Nuclear Facilities
Safety Board in carrying out activities authorized by the
Atomic Energy Act of 1954, as amended by Public Law 100-456,
section 1441, $31,000,000, 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, $30,000,000, 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,
$15,000,000, 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, $32,000,000, 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, $2,500,000, to remain
available until expended.
Southwest Border Regional Commission
For expenses necessary for the Southwest Border Regional
Commission in carrying out activities authorized by subtitle
V of title 40, United States Code, $2,500,000, to remain
available until expended.
Nuclear Regulatory Commission
salaries and expenses
For expenses necessary for the Commission in carrying out
the purposes of the Energy Reorganization Act of 1974 and the
Atomic Energy Act of 1954, $873,901,000, including official
representation expenses not to exceed $25,000, to remain
available until expended: Provided, That of the amount
appropriated herein, not more than $9,500,000 may be made
available for salaries, travel, and other support costs for
the Office of the Commission, to remain available until
September 30, 2023: Provided further, That revenues from
licensing fees, inspection services, and other services and
collections estimated at $745,258,000 in fiscal year 2022
shall be retained and used for necessary salaries and
expenses in this account, notwithstanding 31 U.S.C. 3302, and
shall remain available until expended: Provided further,
That the sum herein appropriated shall be reduced by the
amount of revenues received during fiscal year 2022 so as to
result in a final fiscal year 2022 appropriation estimated at
not more than $128,643,000.
office of inspector general
For expenses necessary for the Office of Inspector General
in carrying out the provisions of the Inspector General Act
of 1978, $13,799,000, to remain available until September 30,
2023: Provided, That revenues from licensing fees,
inspection services, and other services and collections
estimated at $11,442,000 in fiscal year 2022 shall be
retained and be available until September 30, 2023, for
necessary salaries and expenses in this account,
notwithstanding section 3302 of title 31, United States Code:
Provided further, That the sum herein appropriated shall be
reduced by the amount of revenues received during fiscal year
2022 so as to result in a final fiscal year 2022
appropriation estimated at not more than $2,357,000:
Provided further, That of the amounts appropriated under this
heading, $1,146,000 shall be for Inspector General services
for the Defense Nuclear Facilities Safety Board.
Nuclear Waste Technical Review Board
salaries and expenses
For expenses necessary for the Nuclear Waste Technical
Review Board, as authorized by Public Law 100-203, section
5051, $3,800,000, to be derived from the Nuclear Waste Fund,
to remain available until September 30, 2023.
GENERAL PROVISIONS--INDEPENDENT AGENCIES
Sec. 401. The Nuclear Regulatory Commission shall comply
with the July 5, 2011, version of Chapter VI of its Internal
Commission Procedures when responding to Congressional
requests for information, consistent with Department of
Justice guidance for all Federal agencies.
Sec. 402. (a) The amounts made available by this title for
the Nuclear Regulatory Commission may be reprogrammed for any
program, project, or activity, and the Commission shall
notify the Committees on Appropriations of both Houses of
Congress at least 30 days prior to the use of any proposed
reprogramming that would cause any program funding level to
increase or decrease by more than $500,000 or 10 percent,
whichever is less, during the time period covered by this
Act.
(b)(1) The Nuclear Regulatory Commission may waive the
notification requirement in subsection (a) if compliance with
such requirement would pose a substantial risk to human
health, the environment, welfare, or national security.
(2) The Nuclear Regulatory Commission shall notify the
Committees on Appropriations of both Houses of Congress of
any waiver under paragraph (1) as soon as practicable, but
not later than 3 days after the date of the activity to which
a requirement or restriction would otherwise have applied.
Such notice shall include an explanation of the substantial
risk under paragraph (1) that permitted such waiver and shall
provide a detailed report to the Committees of such waiver
and changes to funding levels to programs, projects, or
activities.
(c) Except as provided in subsections (a), (b), and (d),
the amounts made available by this title for ``Nuclear
Regulatory Commission--Salaries and Expenses'' shall be
expended as directed in the report accompanying this Act.
(d) None of the funds provided for the Nuclear Regulatory
Commission shall be available for obligation or expenditure
through a reprogramming of funds that increases funds or
personnel for any program, project, or activity for which
funds are denied or restricted by this Act.
(e) The Commission shall provide a monthly report to the
Committees on Appropriations of both Houses of Congress,
which includes the following for each program, project, or
activity, including any prior year appropriations--
(1) total budget authority;
(2) total unobligated balances; and
(3) total unliquidated obligations.
TITLE V
GENERAL PROVISIONS
(including transfer of funds)
Sec. 501. None of the funds appropriated by this Act may
be used in any way, directly or indirectly, to influence
congressional action on any legislation or appropriation
matters pending before Congress, other than to communicate to
Members of Congress as described in 18 U.S.C. 1913.
Sec. 502. (a) None of the funds made available in title III
of this Act may be transferred to any department, agency, or
instrumentality of the United States Government, except
pursuant to a transfer made by or transfer authority provided
in this Act or any other appropriations Act for any fiscal
year, transfer authority referenced in the report
accompanying this Act, or any authority whereby a department,
agency, or instrumentality of the United States Government
[[Page H3974]]
may provide goods or services to another department, agency,
or instrumentality.
(b) None of the funds made available for any department,
agency, or instrumentality of the United States Government
may be transferred to accounts funded in title III of this
Act, except pursuant to a transfer made by or transfer
authority provided in this Act or any other appropriations
Act for any fiscal year, transfer authority referenced in the
report accompanying this Act, or any authority whereby a
department, agency, or instrumentality of the United States
Government may provide goods or services to another
department, agency, or instrumentality.
(c) The head of any relevant department or agency funded in
this Act utilizing any transfer authority shall submit to the
Committees on Appropriations of both Houses of Congress a
semiannual report detailing the transfer authorities, except
for any authority whereby a department, agency, or
instrumentality of the United States Government may provide
goods or services to another department, agency, or
instrumentality, used in the previous 6 months and in the
year-to-date. This report shall include the amounts
transferred and the purposes for which they were transferred,
and shall not replace or modify existing notification
requirements for each authority.
Sec. 503. None of the funds made available by this Act may
be used in contravention of Executive Order No. 12898 of
February 11, 1994 (Federal Actions to Address Environmental
Justice in Minority Populations and Low-Income Populations).
Sec. 504. (a) None of the funds made available in this Act
may be used to maintain or establish a computer network
unless such network blocks the viewing, downloading, and
exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, Tribal, or local law
enforcement agency or any other entity carrying out criminal
investigations, prosecution, or adjudication activities.
This division may be cited as the ``Energy and Water
Development and Related Agencies Appropriations Act, 2022''.
DIVISION D--FINANCIAL SERVICES AND GENERAL GOVERNMENT APPROPRIATIONS
ACT, 2022
TITLE I
DEPARTMENT OF THE TREASURY
Departmental Offices
salaries and expenses
For necessary expenses of the Departmental Offices
including operation and maintenance of the Treasury Building
and Freedman's Bank Building; hire of passenger motor
vehicles; maintenance, repairs, and improvements of, and
purchase of commercial insurance policies for, real
properties leased or owned overseas, when necessary for the
performance of official business; executive direction program
activities; international affairs and economic policy
activities; domestic finance and tax policy activities,
including technical assistance to State, local, and
territorial entities; and Treasury-wide management policies
and programs activities, $270,669,000: Provided, That of the
amount appropriated under this heading--
(1) not to exceed $350,000 is for official reception and
representation expenses;
(2) not to exceed $258,000 is for unforeseen emergencies of
a confidential nature to be allocated and expended under the
direction of the Secretary of the Treasury and to be
accounted for solely on the Secretary's certificate; and
(3) not to exceed $34,000,000 shall remain available until
September 30, 2023, for--
(A) the Treasury-wide Financial Statement Audit and
Internal Control Program;
(B) information technology modernization requirements;
(C) the audit, oversight, and administration of the Gulf
Coast Restoration Trust Fund;
(D) the development and implementation of programs within
the Office of Cybersecurity and Critical Infrastructure
Protection, including entering into cooperative agreements;
(E) operations and maintenance of facilities; and
(F) international operations.
committee on foreign investment in the united states fund
(including transfer of funds)
For necessary expenses of the Committee on Foreign
Investment in the United States, $20,000,000, to remain
available until expended: Provided, That the chairperson of
the Committee may transfer such amounts to any department or
agency represented on the Committee (including the Department
of the Treasury) subject to advance notification to the
Committees on Appropriations of the House of Representatives
and the Senate: Provided further, That amounts so
transferred shall remain available until expended for
expenses of implementing section 721 of the Defense
Production Act of 1950, as amended (50 U.S.C. 4565), and
shall be available in addition to any other funds available
to any department or agency: Provided further, That fees
authorized by section 721(p) of such Act shall be credited to
this appropriation as offsetting collections: Provided
further, That the total amount appropriated under this
heading from the general fund shall be reduced as such
offsetting collections are received during fiscal year 2022,
so as to result in a total appropriation from the general
fund estimated at not more than $0.
office of terrorism and financial intelligence
salaries and expenses
For the necessary expenses of the Office of Terrorism and
Financial Intelligence to safeguard the financial system
against illicit use and to combat rogue nations, terrorist
facilitators, weapons of mass destruction proliferators,
human rights abusers, money launderers, drug kingpins, and
other national security threats, $185,192,000, 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
$10,000,000 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,
$132,027,000, to remain available until September 30, 2024:
Provided, That such funds shall supplement and not supplant
any other amounts made available to the Treasury offices and
bureaus for cybersecurity: Provided further, That of the
total amount made available under this heading $4,000,000
shall be available for administrative expenses for the
Treasury Chief Information Officer to provide oversight of
the investments made under this heading: Provided further,
That such funds shall supplement and not supplant any other
amounts made available to the Treasury Chief Information
Officer.
department-wide systems and capital investments programs
(including transfer of funds)
For development and acquisition of automatic data
processing equipment, software, and services and for repairs
and renovations to buildings owned by the Department of the
Treasury, $6,118,000, to remain available until September 30,
2024: Provided, That these funds shall be transferred to
accounts and in amounts as necessary to satisfy the
requirements of the Department's offices, bureaus, and other
organizations: Provided further, That this transfer
authority shall be in addition to any other transfer
authority provided in this Act: Provided further, That none
of the funds appropriated under this heading shall be used to
support or supplement ``Internal Revenue Service, Operations
Support'' or ``Internal Revenue Service, Business Systems
Modernization''.
office of inspector general
salaries and expenses
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act
of 1978, $42,362,000, 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;
$175,762,000, 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), $17,000,000.
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 $30,000 for official reception
and representation expenses; and for assistance to Federal
law enforcement agencies, with or without reimbursement,
$190,539,000, of which not to exceed $55,000,000 shall remain
available until September 30, 2024.
Bureau of the Fiscal Service
salaries and expenses
For necessary expenses of operations of the Bureau of the
Fiscal Service, $360,266,000; 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.
[[Page H3975]]
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, $131,330,000; 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, $330,000,000. Of the amount appropriated
under this heading--
(1) not less than $211,883,000, 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, and of which up to $8,000,000,
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 pursuant to section 121 of
the National and Community Service Act of 1990 (42 U.S.C.
12571): Provided, That the cost of direct and guaranteed
loans, including the cost of modifying such loans, shall be
as defined in section 502 of the Congressional Budget Act of
1974: Provided further, That these funds are available to
subsidize gross obligations for the principal amount of
direct loans not to exceed $25,000,000: Provided further,
That of the funds provided under this paragraph, excluding
those made to community development financial institutions to
expand investments that benefit individuals with disabilities
and those made to community development financial
institutions that serve populations living in persistent
poverty counties, the CDFI Fund shall prioritize Financial
Assistance awards to organizations that invest and lend in
high-poverty areas: Provided further, That for purposes of
this section, the term ``high-poverty area'' means any census
tract with a poverty rate of at least 20 percent as measured
by the 2011-2015 5-year data series available from the
American Community Survey of the Bureau of the Census for all
States and Puerto Rico or with a poverty rate of at least 20
percent as measured by the 2010 Island areas Decennial Census
data for any territory or possession of the United States;
(2) not less than $21,500,000, notwithstanding section
108(e) of Public Law 103-325 (12 U.S.C. 4707(e)), is
available until September 30, 2023, for financial assistance,
technical assistance, training, and outreach programs
designed to benefit Native American, Native Hawaiian, and
Alaska Native communities and provided primarily through
qualified community development lender organizations with
experience and expertise in community development banking and
lending in Indian country, Native American organizations,
tribes and tribal organizations, and other suitable
providers;
(3) not less than $28,000,000 is available until September
30, 2023, for the Bank Enterprise Award program;
(4) not less than $25,000,000, notwithstanding subsections
(d) and (e) of section 108 of Public Law 103-325 (12 U.S.C.
4707(d) and (e)), is available until September 30, 2023, for
a Healthy Food Financing Initiative to provide financial
assistance, technical assistance, training, and outreach to
community development financial institutions for the purpose
of offering affordable financing and technical assistance to
expand the availability of healthy food options in distressed
communities;
(5) not less than $10,000,000 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 until September 30,
2022, 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 Fund program impacts, and up to $300,000 is for
administrative expenses to carry out the direct loan program;
and
(7) during fiscal year 2022, none of the funds available
under this heading are available for the cost, as defined in
section 502 of the Congressional Budget Act of 1974, of
commitments to guarantee bonds and notes under section 114A
of the Riegle Community Development and Regulatory
Improvement Act of 1994 (12 U.S.C. 4713a): Provided, That
commitments to guarantee bonds and notes under such section
114A shall not exceed $500,000,000: Provided further, That
such section 114A shall remain in effect until December 31,
2022: Provided further, That of the funds awarded under this
heading, except those provided for the Economic Mobility
Corps, not less than 10 percent shall be used for awards that
support investments that serve populations living in
persistent poverty counties: Provided further, That for the
purposes of this paragraph and paragraph (1), the term
``persistent poverty counties'' means any county, including
county equivalent areas in Puerto Rico, that has had 20
percent or more of its population living in poverty over the
past 30 years, as measured by the 1990 and 2000 decennial
censuses and the 2011-2015 5-year data series available from
the American Community Survey of the Bureau of the Census or
any other territory or possession of the United States that
has had 20 percent or more of its population living in
poverty over the past 30 years, as measured by the 1990, 2000
and 2010 Island Areas Decennial Censuses, or equivalent data,
of the Bureau of the Census.
Internal Revenue Service
taxpayer services
For necessary expenses of the Internal Revenue Service to
provide taxpayer services, including pre-filing assistance
and education, filing and account services, taxpayer advocacy
services, and other services as authorized by 5 U.S.C. 3109,
at such rates as may be determined by the Commissioner,
$2,940,876,000, of which not less than $11,000,000 shall be
for the Tax Counseling for the Elderly Program, of which not
less than $13,000,000 shall be available for low-income
taxpayer clinic grants, of which not less than $30,000,000,
to remain available until September 30, 2023, shall be
available for the Community Volunteer Income Tax Assistance
Matching Grants Program for tax return preparation
assistance, and of which not less than $213,000,000 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, $5,462,823,000, of which not to exceed
$250,000,000 shall remain available until September 30, 2023;
and of which not less than $60,257,000 shall be for the
Interagency Crime and Drug Enforcement program; and of which
not to exceed $21,000,000 shall be for investigative
technology for the Criminal Investigation Division:
Provided, 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: Provided further, That the total amount made
available in this paragraph is provided to meet the terms of
section 1(i) of H. Res. 467 of the 117th Congress as
engrossed in the House of Representatives on June 14, 2021.
In addition, $287,452,000, for an additional amount for tax
enforcement activities under this heading, including tax
compliance to address the Federal tax gap: Provided, That
such amount is additional new budget authority for purposes
of section 1(i) of H. Res. 467 of the 117th Congress as
engrossed in the House of Representatives on June 14, 2021:
Provided further, That such additional amounts may not be
transferred for any other activity.
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;
$4,448,195,000, 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;
[[Page H3976]]
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: Provided, That not
later than 30 days after the end of each quarter, the
Internal Revenue Service shall submit a report to the
Committees on Appropriations of the House of Representatives
and the Senate and the Comptroller General of the United
States detailing major information technology investments in
the Internal Revenue Service Integrated Modernization
Business Plan portfolio, including detailed, plain language
summaries on the status of plans, costs, and results; prior
results and actual expenditures of the prior quarter;
upcoming deliverables and costs for the fiscal year; risks
and mitigation strategies associated with ongoing work;
reasons for any cost or schedule variances; and total
expenditures by fiscal year: Provided further, That the
Internal Revenue Service shall include, in its budget
justification for fiscal year 2023, a summary of cost and
schedule performance information for its major information
technology systems: Provided further, That the total amount
made available in this paragraph is provided to meet the
terms of section 1(i) of H. Res. 467 of the 117th Congress as
engrossed in the House of Representatives on June 14, 2021.
In addition, $129,445,000, for an additional amount to
meet the terms of a concurrent resolution on the budget for
tax enforcement activities under this heading, including tax
compliance to address the Federal tax gap: Provided, That
such amount is additional new budget authority for purposes
of section 1(i) of H. Res. 467 of the 117th Congress as
engrossed in the House of Representatives on June 14, 2021:
Provided further, That such additional amounts may not be
transferred for any other activity.
business systems modernization
For necessary expenses of the Internal Revenue Service's
business systems modernization program, $305,032,000, to
remain available until September 30, 2024, for the capital
asset acquisition of information technology systems,
including management and related contractual costs of said
acquisitions, including related Internal Revenue Service
labor costs, and contractual costs associated with operations
authorized by 5 U.S.C. 3109: Provided, That not later than
30 days after the end of each quarter, the Internal Revenue
Service shall submit a report to the Committees on
Appropriations of the House of Representatives and the Senate
and the Comptroller General of the United States major
information technology investments in the Internal Revenue
Service Integrated Modernization Business Plan portfolio,
including detailed, plain language summaries on the status of
plans, costs, and results; prior results and actual
expenditures of the prior quarter; upcoming deliverables and
costs for the fiscal year; risks and mitigation strategies
associated with ongoing work; reasons for any cost or
schedule variances; and total expenditures by fiscal year.
administrative provisions--internal revenue service
(including transfer of funds)
Sec. 101. Not to exceed 4 percent of the appropriation
made available in this Act to the Internal Revenue Service
under the ``Enforcement'' heading, and not to exceed 5
percent of any other appropriation made available in this Act
to the Internal Revenue Service, may be transferred to any
other Internal Revenue Service appropriation upon the advance
approval of the Committees on Appropriations of the House of
Representatives and the Senate.
Sec. 102. The Internal Revenue Service shall maintain an
employee training program, which shall include the following
topics: taxpayers' rights, dealing courteously with
taxpayers, cross-cultural relations, ethics, and the
impartial application of tax law.
Sec. 103. The Internal Revenue Service shall institute and
enforce policies and procedures that will safeguard the
confidentiality of taxpayer information and protect taxpayers
against identity theft.
Sec. 104. Funds made available by this or any other Act to
the Internal Revenue Service shall be available for improved
facilities and increased staffing to provide sufficient and
effective 1-800 help line service for taxpayers. The
Commissioner shall continue to make improvements to the
Internal Revenue Service 1-800 help line service a priority
and allocate resources necessary to enhance the response time
to taxpayer communications, particularly with regard to
victims of tax-related crimes.
Sec. 105. The Internal Revenue Service shall issue a
notice of confirmation of any address change relating to an
employer making employment tax payments, and such notice
shall be sent to both the employer's former and new address
and an officer or employee of the Internal Revenue Service
shall give special consideration to an offer-in-compromise
from a taxpayer who has been the victim of fraud by a third
party payroll tax preparer.
Sec. 106. None of the funds made available under this Act
may be used by the Internal Revenue Service to target
citizens of the United States for exercising any right
guaranteed under the First Amendment to the Constitution of
the United States.
Sec. 107. None of the funds made available in this Act may
be used by the Internal Revenue Service to target groups for
regulatory scrutiny based on their ideological beliefs.
Sec. 108. None of funds made available by this Act to the
Internal Revenue Service shall be obligated or expended on
conferences that do not adhere to the procedures,
verification processes, documentation requirements, and
policies issued by the Chief Financial Officer, Human Capital
Office, and Agency-Wide Shared Services as a result of the
recommendations in the report published on May 31, 2013, by
the Treasury Inspector General for Tax Administration
entitled ``Review of the August 2010 Small Business/Self-
Employed Division's Conference in Anaheim, California''
(Reference Number 2013-10-037).
Sec. 109. None of the funds made available in this Act to
the Internal Revenue Service may be obligated or expended--
(1) to make a payment to any employee under a bonus, award,
or recognition program; or
(2) under any hiring or personnel selection process with
respect to re-hiring a former employee;
unless such program or process takes into account the conduct
and Federal tax compliance of such employee or former
employee.
Sec. 110. None of the funds made available by this Act may
be used in contravention of section 6103 of the Internal
Revenue Code of 1986 (relating to confidentiality and
disclosure of returns and return information).
Administrative Provisions--Department of the Treasury
(including transfers of funds)
Sec. 111. 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. 112. 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. 113. Of the amounts made available to the Internal
Revenue Service in this Act, $4,000,000 shall be transferred
to ``Treasury Inspector General for Tax Administration'' upon
the advance approval of the Committees on Appropriations of
the House of Representatives and the Senate.
Sec. 114. 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. 115. The Secretary of the Treasury may transfer funds
from the ``Bureau of the Fiscal Service--Salaries and
Expenses'' to the Debt Collection Fund as necessary to cover
the costs of debt collection: Provided, That such amounts
shall be reimbursed to such salaries and expenses account
from debt collections received in the Debt Collection Fund.
Sec. 116. 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. 117. None of the funds appropriated or otherwise made
available by this or any other Act or source to the
Department of the Treasury, the Bureau of Engraving and
Printing, and the United States Mint, individually or
collectively, may be used to consolidate any or all functions
of the Bureau of Engraving and Printing and the United States
Mint without the explicit approval of the House Committee on
Financial Services; the Senate Committee on Banking, Housing,
and Urban Affairs; and the Committees on Appropriations of
the House of Representatives and the Senate.
Sec. 118. 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. 119. 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. 120. 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.
[[Page H3977]]
Sec. 121. 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. 122. (a) Not later than 60 days after the end of each
quarter, the Office of Financial Stability and the Office of
Financial Research shall submit reports on their activities
to the Committees on Appropriations of the House of
Representatives and the Senate, the Committee on Financial
Services of the House of Representatives, and the Senate
Committee on Banking, Housing, and Urban Affairs.
(b) The reports required under subsection (a) shall
include--
(1) the obligations made during the previous quarter by
object class, office, and activity;
(2) the estimated obligations for the remainder of the
fiscal year by object class, office, and activity;
(3) the number of full-time equivalents within each office
during the previous quarter;
(4) the estimated number of full-time equivalents within
each office for the remainder of the fiscal year; and
(5) actions taken to achieve the goals, objectives, and
performance measures of each office.
(c) At the request of any such Committees specified in
subsection (a), the Office of Financial Stability and the
Office of Financial Research shall make officials available
to testify on the contents of the reports required under
subsection (a).
This title may be cited as the ``Department of the Treasury
Appropriations Act, 2022''.
TITLE II
EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO THE
PRESIDENT
The White House
salaries and expenses
For necessary expenses for the White House as authorized by
law, including not to exceed $3,850,000 for services as
authorized by 5 U.S.C. 3109 and 3 U.S.C. 105; subsistence
expenses as authorized by 3 U.S.C. 105, which shall be
expended and accounted for as provided in that section; hire
of passenger motor vehicles, and travel (not to exceed
$100,000 to be expended and accounted for as provided by 3
U.S.C. 103); and not to exceed $19,000 for official reception
and representation expenses, to be available for allocation
within the Executive Office of the President; and for
necessary expenses of the Office of Policy Development,
including services as authorized by 5 U.S.C. 3109 and 3
U.S.C. 107, $76,262,000.
Executive Residence at the White House
operating expenses
For necessary expenses of the Executive Residence at the
White House, $15,077,000, to be expended and accounted for as
provided by 3 U.S.C. 105, 109, 110, and 112-114.
reimbursable expenses
For the reimbursable expenses of the Executive Residence at
the White House, such sums as may be necessary: Provided,
That all reimbursable operating expenses of the Executive
Residence shall be made in accordance with the provisions of
this paragraph: Provided further, That, notwithstanding any
other provision of law, such amount for reimbursable
operating expenses shall be the exclusive authority of the
Executive Residence to incur obligations and to receive
offsetting collections, for such expenses: Provided further,
That the Executive Residence shall require each person
sponsoring a reimbursable political event to pay in advance
an amount equal to the estimated cost of the event, and all
such advance payments shall be credited to this account and
remain available until expended: Provided further, That the
Executive Residence shall require the national committee of
the political party of the President to maintain on deposit
$25,000, to be separately accounted for and available for
expenses relating to reimbursable political events sponsored
by such committee during such fiscal year: Provided further,
That the Executive Residence shall ensure that a written
notice of any amount owed for a reimbursable operating
expense under this paragraph is submitted to the person owing
such amount within 60 days after such expense is incurred,
and that such amount is collected within 30 days after the
submission of such notice: Provided further, That the
Executive Residence shall charge interest and assess
penalties and other charges on any such amount that is not
reimbursed within such 30 days, in accordance with the
interest and penalty provisions applicable to an outstanding
debt on a United States Government claim under 31 U.S.C.
3717: Provided further, That each such amount that is
reimbursed, and any accompanying interest and charges, shall
be deposited in the Treasury as miscellaneous receipts:
Provided further, That the Executive Residence shall prepare
and submit to the Committees on Appropriations, by not later
than 90 days after the end of the fiscal year covered by this
Act, a report setting forth the reimbursable operating
expenses of the Executive Residence during the preceding
fiscal year, including the total amount of such expenses, the
amount of such total that consists of reimbursable official
and ceremonial events, the amount of such total that consists
of reimbursable political events, and the portion of each
such amount that has been reimbursed as of the date of the
report: Provided further, That the Executive Residence shall
maintain a system for the tracking of expenses related to
reimbursable events within the Executive Residence that
includes a standard for the classification of any such
expense as political or nonpolitical: Provided further, That
no provision of this paragraph may be construed to exempt the
Executive Residence from any other applicable requirement of
subchapter I or II of chapter 37 of title 31, United States
Code.
White House Repair and Restoration
For the repair, alteration, and improvement of the
Executive Residence at the White House pursuant to 3 U.S.C.
105(d), $2,500,000, to remain available until expended, for
required maintenance, resolution of safety and health issues,
and continued preventative maintenance.
Council of Economic Advisers
salaries and expenses
For necessary expenses of the Council of Economic Advisers
in carrying out its functions under the Employment Act of
1946 (15 U.S.C. 1021 et seq.), $4,732,000.
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, $12,894,000, of which not to
exceed $5,000 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,
$110,768,000, 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, $122,854,000, of which not to exceed
$3,000 shall be available for official representation
expenses: Provided, That none of the funds appropriated in
this Act for the Office of Management and Budget may be used
for the purpose of reviewing any agricultural marketing
orders or any activities or regulations under the provisions
of the Agricultural Marketing Agreement Act of 1937 (7 U.S.C.
601 et seq.): Provided further, That none of the funds made
available for the Office of Management and Budget by this Act
may be expended for the altering of the transcript of actual
testimony of witnesses, except for testimony of officials of
the Office of Management and Budget, before the Committees on
Appropriations or their subcommittees: Provided further,
That none of the funds made available for the Office of
Management and Budget by this Act may be expended for the
altering of the annual work plan developed by the Corps of
Engineers for submission to the Committees on Appropriations:
Provided further, That none of the funds provided in this or
prior Acts shall be used, directly or indirectly, by the
Office of Management and Budget, for evaluating or
determining if water resource project or study reports
submitted by the Chief of Engineers acting through the
Secretary of the Army are in compliance with all applicable
laws, regulations, and requirements relevant to the Civil
Works water resource planning process: Provided further,
That the Office of Management and Budget shall have not more
than 60 days in which to perform budgetary policy reviews of
water resource matters on which the Chief of Engineers has
reported: Provided further, That the Director of the Office
of Management and Budget shall notify the appropriate
authorizing and appropriating committees when the 60-day
review is initiated: Provided further, That if water
resource reports have not been transmitted to the appropriate
authorizing and appropriating committees within 15 days after
the end of the Office of Management and Budget review period
based on the notification from the Director, Congress shall
assume Office of Management and Budget concurrence with the
report and act accordingly: Provided further, That no later
than 14 days after the submission of the budget of the United
States Government for fiscal year 2023, the Director of the
Office of Management and Budget shall make publicly available
on a website a tabular list for each agency that submits
budget justification materials (as defined in section 3 of
the Federal Funding Accountability and Transparency Act of
2006) that shall include, at minimum, the name of the agency,
the date on which the budget justification materials of the
agency were submitted to Congress, and a uniform resource
locator where the budget justification materials are
published on the website of the agency.
[[Page H3978]]
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 the National Cyber Director
salaries and expenses
For necessary expenses of the Office of the National Cyber
Director, as authorized by section 1752 of the William M.
(Mac) Thornberry National Defense Authorization Act for
Fiscal Year 2021 (Public Law 116-283), $18,750,000, of which
not to exceed $5,000 shall be available for official
reception and representation expenses.
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,
$21,300,000: Provided, That the Office is authorized to
accept, hold, administer, and utilize gifts, both real and
personal, public and private, without fiscal year limitation,
for the purpose of aiding or facilitating the work of the
Office.
federal drug control programs
high intensity drug trafficking areas program
(including transfers of funds)
For necessary expenses of the Office of National Drug
Control Policy's High Intensity Drug Trafficking Areas
Program, $300,000,000, 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
$2,700,000 may be used for auditing services and associated
activities and $3,500,000 shall be for a new Grants
Management System for use by the Office of National Drug
Control Policy: Provided further, That any unexpended funds
obligated prior to fiscal year 2020 may be used for any other
approved activities of that HIDTA, subject to reprogramming
requirements: Provided further, That each HIDTA designated
as of September 30, 2021, shall be funded at not less than
the fiscal year 2021 base level, unless the Director submits
to the Committees on Appropriations of the House of
Representatives and the Senate justification for changes to
those levels based on clearly articulated priorities and
published Office of National Drug Control Policy performance
measures of effectiveness: Provided further, That the
Director shall notify the Committees on Appropriations of the
initial allocation of fiscal year 2022 funding among HIDTAs
not later than 45 days after enactment of this Act, and shall
notify the Committees of planned uses of discretionary HIDTA
funding, as determined in consultation with the HIDTA
Directors, not later than 90 days after enactment of this
Act: Provided further, That upon a determination that all or
part of the funds so transferred from this appropriation are
not necessary for the purposes provided herein and upon
notification to the Committees on Appropriations of the House
of Representatives and the Senate, such amounts may be
transferred back to this appropriation.
other federal drug control programs
(including transfers of funds)
For other drug control activities authorized by the Anti-
Drug Abuse Act of 1988 and the Office of National Drug
Control Policy Reauthorization Act of 1998, as amended,
$136,617,000, to remain available until expended, which shall
be available as follows: $110,000,000 for the Drug-Free
Communities Program, of which $2,500,000 shall be made
available as directed by section 4 of Public Law 107-82, as
amended by section 8204 of Public Law 115-271; $3,000,000 for
drug court training and technical assistance; $14,000,000 for
anti-doping activities; up to $3,167,000 for the United
States membership dues to the World Anti-Doping Agency;
$1,250,000 for the Model Acts Program; and $5,200,000 for
activities authorized by section 103 of Public Law 114-198:
Provided, That amounts made available under this heading may
be transferred to other Federal departments and agencies to
carry out such activities: Provided further, That the
Director of the Office of National Drug Control Policy shall,
not fewer than 30 days prior to obligating funds under this
heading for United States membership dues to the World Anti-
Doping Agency, submit to the Committees on Appropriations of
the House of Representatives and the Senate a spending plan
and explanation of the proposed uses of these funds.
Unanticipated Needs
For expenses necessary to enable the President to meet
unanticipated needs, in furtherance of the national interest,
security, or defense which may arise at home or abroad during
the current fiscal year, as authorized by 3 U.S.C. 108,
$1,000,000, to remain available until September 30, 2023.
Information Technology Oversight and Reform
(including transfer of funds)
For necessary expenses for the furtherance of integrated,
efficient, secure, and effective uses of information
technology in the Federal Government, $10,442,000, 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, $5,726,000.
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), $313,000: Provided, That advances, repayments, or
transfers from this appropriation may be made to any
department or agency for expenses of carrying out such
activities.
Administrative Provisions--Executive Office of the President and Funds
Appropriated to the President
(including transfer of funds)
Sec. 201. From funds made available in this Act under the
headings ``The White House'', ``Executive Residence at the
White House'', ``White House Repair and Restoration'',
``Council of Economic Advisers'', ``National Security Council
and Homeland Security Council'', ``Office of
Administration'', ``Special Assistance to the President'',
and ``Official Residence of the Vice President'', the
Director of the Office of Management and Budget (or such
other officer as the President may designate in writing),
may, with advance approval of the Committees on
Appropriations of the House of Representatives and the
Senate, transfer not to exceed 10 percent of any such
appropriation to any other such appropriation, to be merged
with and available for the same time and for the same
purposes as the appropriation to which transferred:
Provided, That the amount of an appropriation shall not be
increased by more than 50 percent by such transfers:
Provided further, That no amount shall be transferred from
``Special Assistance to the President'' or ``Official
Residence of the Vice President'' without the approval of the
Vice President.
Sec. 202. (a) During fiscal year 2022, any Executive order
or Presidential memorandum issued or revoked by the President
shall be accompanied by a written statement from the Director
of the Office of Management and Budget on the budgetary
impact, including costs, benefits, and revenues, of such
order or memorandum.
(b) Any such statement shall include--
(1) a narrative summary of the budgetary impact of such
order or memorandum on the Federal Government;
(2) the impact on mandatory and discretionary obligations
and outlays as the result of such order or memorandum, listed
by Federal agency, for each year in the 5-fiscal-year period
beginning in fiscal year 2022; and
(3) the impact on revenues of the Federal Government as the
result of such order or memorandum over the 5-fiscal-year
period beginning in fiscal year 2022.
(c) If an Executive order or Presidential memorandum is
issued during fiscal year 2022 due to a national emergency,
the Director of the Office of Management and Budget may issue
the statement required by subsection (a) not later than 15
days after the date that such order or memorandum is issued.
(d) The requirement for cost estimates for Presidential
memoranda shall only apply for Presidential memoranda
estimated to have a regulatory cost in excess of
$100,000,000.
Sec. 203. Not later than 30 days after the date of
enactment of this Act, the Director of the Office of
Management and Budget shall issue a memorandum to all Federal
departments, agencies, and corporations directing compliance
with the provisions in title VII of this Act.
Sec. 204. (a) Beginning not later than 10 days after the
date of enactment of this Act and until the requirements of
subsection (b) are completed, the Office of Management and
Budget shall provide to the Committees on Appropriations and
the Budget of the House of Representatives and the Senate
each document apportioning an appropriation, pursuant to
section 1513(b) of title 31, United States Code, approved by
the Office of Management and Budget, including any associated
footnotes, not later than 2 business days after the date of
approval of such apportionment by the Office of Management
and Budget.
(b) Not later than 120 days after the date of enactment of
this Act, the Office of Management and Budget shall complete
implementation of an automated system to post each document
apportioning an appropriation, pursuant to section 1513(b) of
title 31, United States Code, including any associated
footnotes, in a format that qualifies each such document as
an Open Government Data Asset (as defined in section 3502 of
title 44, United States Code), not later than 2 business days
after the date of approval of such apportionment, and shall
place on such website each document apportioning an
appropriation, pursuant to such section 1513(b), including
any associated footnotes, already approved the current fiscal
year, and shall report
[[Page H3979]]
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 the apportionment schedule and for any
footnotes for apportioned amounts: Provided, That the Office
of Management and Budget or the applicable department or
agency shall make available classified documentation
referenced in any apportionment at the request of the chair
or ranking member of any appropriate congressional committee
or subcommittee.
(d)(1) Not later than 15 days after the date of enactment
of this Act, any delegation of apportionment authority
pursuant to section 1513(b) of title 31, United States Code,
that is in effect as of such date shall be submitted for
publication in the Federal Register: Provided, That any
delegation of such apportionment authority after the date of
enactment of this section shall, on the date of such
delegation, be submitted for publication in the Federal
Register: Provided further, That the Office of Management
and Budget shall publish such delegations in a format that
qualifies such publications as an Open Government Data Asset
(as defined in section 3502 of title 44, United States Code)
on a public Internet website, which shall be continuously
updated with the position of each Federal officer or employee
to whom apportionment authority has been delegated.
(2) Not later than 5 days after any change in the position
of the approving official with respect to such delegated
apportionment authority for any account is made, the Office
shall submit a report to the appropriate congressional
committees explaining why such change was made.
This title may be cited as the ``Executive Office of the
President Appropriations Act, 2022''.
TITLE III
THE JUDICIARY
Supreme Court of the United States
salaries and expenses
For expenses necessary for the operation of the Supreme
Court, as required by law, excluding care of the building and
grounds, including hire of passenger motor vehicles as
authorized by 31 U.S.C. 1343 and 1344; not to exceed $10,000
for official reception and representation expenses; and for
miscellaneous expenses, to be expended as the Chief Justice
may approve, $98,338,000, of which $1,500,000 shall remain
available until expended.
In addition, there are appropriated such sums as may be
necessary under current law for the salaries of the chief
justice and associate justices of the court.
care of the building and grounds
For such expenditures as may be necessary to enable the
Architect of the Capitol to carry out the duties imposed upon
the Architect by 40 U.S.C. 6111 and 6112, $10,309,000, 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, $34,506,000.
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, $20,766,000.
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, $5,724,360,000 (including the purchase of firearms
and ammunition); of which not to exceed $27,817,000 shall
remain available until expended for space alteration projects
and for furniture and furnishings related to new space
alteration and construction projects.
In addition, there are appropriated such sums as may be
necessary under current law for the salaries of circuit and
district judges (including judges of the territorial courts
of the United States), bankruptcy judges, and justices and
judges retired from office or from regular active service.
In addition, for expenses of the United States Court of
Federal Claims associated with processing cases under the
National Childhood Vaccine Injury Act of 1986 (Public Law 99-
660), not to exceed $9,850,000, to be appropriated from the
Vaccine Injury Compensation Trust Fund.
defender services
For the operation of Federal Defender organizations; the
compensation and reimbursement of expenses of attorneys
appointed to represent persons under 18 U.S.C. 3006A and
3599, and for the compensation and reimbursement of expenses
of persons furnishing investigative, expert, and other
services for such representations as authorized by law; the
compensation (in accordance with the maximums under 18 U.S.C.
3006A) and reimbursement of expenses of attorneys appointed
to assist the court in criminal cases where the defendant has
waived representation by counsel; the compensation and
reimbursement of expenses of attorneys appointed to represent
jurors in civil actions for the protection of their
employment, as authorized by 28 U.S.C. 1875(d)(1); the
compensation and reimbursement of expenses of attorneys
appointed under 18 U.S.C. 983(b)(1) in connection with
certain judicial civil forfeiture proceedings; the
compensation and reimbursement of travel expenses of
guardians ad litem appointed under 18 U.S.C. 4100(b); and for
necessary training and general administrative expenses,
$1,368,175,000 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)), $46,957,000, 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 operations, and the procurement, installation,
and maintenance of security systems and equipment for United
States courthouses and other facilities housing Federal court
operations, including 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), $682,265,000, 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.
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, $103,628,000,
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, $32,151,000; 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,
$20,829,000, of which not to exceed $1,000 is authorized for
official reception and representation expenses.
Administrative Provisions--The Judiciary
(including transfer of funds)
Sec. 301. Appropriations and authorizations made in this
title which are available for salaries and expenses shall be
available for services as authorized by 5 U.S.C. 3109.
Sec. 302. Not to exceed 5 percent of any appropriation
made available for the current fiscal year for the Judiciary
in this Act may be transferred between such appropriations,
but no such appropriation, except ``Courts of Appeals,
District Courts, and Other Judicial Services, Defender
Services'' and ``Courts of Appeals, District Courts, and
Other Judicial Services, Fees of Jurors and Commissioners'',
shall be increased by more than 10 percent by any such
transfers: Provided, That any transfer pursuant to this
section shall be treated as a reprogramming of funds under
sections 604 and 608 of this Act and shall not be available
for obligation or expenditure except in compliance with the
procedures set forth in section 608.
Sec. 303. Notwithstanding any other provision of law, the
salaries and expenses appropriation for ``Courts of Appeals,
District Courts, and Other Judicial Services'' shall be
available for official reception and representation expenses
of the Judicial Conference of the United States: Provided,
That such available funds shall not exceed $11,000 and shall
be administered by the Director of the Administrative Office
of the United States Courts in the capacity as Secretary of
the Judicial Conference.
Sec. 304. Section 3315(a) of title 40, United States Code,
shall be applied by substituting ``Federal'' for
``executive'' each place it appears.
Sec. 305. In accordance with 28 U.S.C. 561-569, and
notwithstanding any other provision of law, the United States
Marshals Service shall provide, for such courthouses as its
Director may designate in consultation with the Director of
the Administrative Office of the United States Courts, for
purposes of a pilot program, the security services that 40
U.S.C. 1315 authorizes the
[[Page H3980]]
Department of Homeland Security to provide, except for the
services specified in 40 U.S.C. 1315(b)(2)(E). For building-
specific security services at these courthouses, the Director
of the Administrative Office of the United States Courts
shall reimburse the United States Marshals Service rather
than the Department of Homeland Security.
Sec. 306. (a) Section 203(c) of the Judicial Improvements
Act of 1990 (Public Law 101-650; 28 U.S.C. 133 note), is
amended in the matter following paragraph 12--
(1) in the second sentence (relating to the District of
Kansas), by striking ``30 years and 6 months'' and inserting
``31 years and 6 months''; and
(2) in the sixth sentence (relating to the District of
Hawaii), by striking ``27 years and 6 months'' and inserting
``28 years and 6 months''.
(b) Section 406 of the Transportation, Treasury, Housing
and Urban Development, the Judiciary, the District of
Columbia, and Independent Agencies Appropriations Act, 2006
(Public Law 109-115; 119 Stat. 2470; 28 U.S.C. 133 note) is
amended in the second sentence (relating to the eastern
District of Missouri) by striking ``28 years and 6 months''
and inserting ``29 years and 6 months''.
(c) Section 312(c)(2) of the 21st Century Department of
Justice Appropriations Authorization Act (Public Law 107-273;
28 U.S.C. 133 note), is amended----
(1) in the first sentence by striking ``19 years'' and
inserting ``20 years'';
(2) in the second sentence (relating to the central
District of California), by striking ``18 years and 6
months'' and inserting ``19 years and 6 months''; and
(3) in the third sentence (relating to the western district
of North Carolina), by striking ``17 years'' and inserting
``18 years''.
This title may be cited as the ``Judiciary Appropriations
Act, 2022''.
TITLE IV
DISTRICT OF COLUMBIA
Federal Funds
federal payment for resident tuition support
For a Federal payment to the District of Columbia, to be
deposited into a dedicated account, for a nationwide program
to be administered by the Mayor, for District of Columbia
resident tuition support, $40,000,000, to remain available
until expended: Provided, That such funds, including any
interest accrued thereon, may be used on behalf of eligible
District of Columbia residents to pay an amount based upon
the difference between in-State and out-of-State tuition at
public institutions of higher education, or to pay up to
$2,500 each year at eligible private institutions of higher
education: Provided further, That the awarding of such funds
may be prioritized on the basis of a resident's academic
merit, the income and need of eligible students and such
other factors as may be authorized: Provided further, That
the District of Columbia government shall maintain a
dedicated account for the Resident Tuition Support Program
that shall consist of the Federal funds appropriated to the
Program in this Act and any subsequent appropriations, any
unobligated balances from prior fiscal years, and any
interest earned in this or any fiscal year: Provided
further, That the account shall be under the control of the
District of Columbia Chief Financial Officer, who shall use
those funds solely for the purposes of carrying out the
Resident Tuition Support Program: Provided further, That the
Office of the Chief Financial Officer shall provide a
quarterly financial report to the Committees on
Appropriations of the House of Representatives and the Senate
for these funds showing, by object class, the expenditures
made and the purpose therefor.
federal payment for emergency planning and security costs in the
district of columbia
For a Federal payment of necessary expenses, as determined
by the Mayor of the District of Columbia in written
consultation with the elected county or city officials of
surrounding jurisdictions, $25,000,000, to remain available
until expended, for the costs of providing public safety at
events related to the presence of the National Capital in the
District of Columbia, including support requested by the
Director of the United States Secret Service in carrying out
protective duties under the direction of the Secretary of
Homeland Security, and for the costs of providing support to
respond to immediate and specific terrorist threats or
attacks in the District of Columbia or surrounding
jurisdictions.
federal payment to the district of columbia courts
For salaries and expenses for the District of Columbia
Courts, $273,508,000 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 $41,870,000, to remain available
until September 30, 2023, for capital improvements for
District of Columbia courthouse facilities: Provided, That
funds made available for capital improvements shall be
expended consistent with the District of Columbia Courts
master plan study and facilities condition assessment:
Provided further, That, in addition to the amounts
appropriated herein, fees received by the District of
Columbia Courts for administering bar examinations and
processing District of Columbia bar admissions may be
retained and credited to this appropriation, to remain
available until expended, for salaries and expenses
associated with such activities, notwithstanding section 450
of the District of Columbia Home Rule Act (D.C. Official
Code, sec. 1-204.50): Provided further, That notwithstanding
any other provision of law, all amounts under this heading
shall be apportioned quarterly by the Office of Management
and Budget and obligated and expended in the same manner as
funds appropriated for salaries and expenses of other Federal
agencies: Provided further, That 30 days after providing
written notice to the Committees on Appropriations of the
House of Representatives and the Senate, the District of
Columbia Courts may reallocate not more than $9,000,000 of
the funds provided under this heading among the items and
entities funded under this heading: Provided further, That
the Joint Committee on Judicial Administration in the
District of Columbia may, by regulation, establish a program
substantially similar to the program set forth in subchapter
II of chapter 35 of title 5, United States Code, for
employees of the District of Columbia Courts.
federal payment for defender services in district of columbia courts
For payments authorized under section 11-2604 and section
11-2605, D.C. Official Code (relating to representation
provided under the District of Columbia Criminal Justice
Act), payments for counsel appointed in proceedings in the
Family Court of the Superior Court of the District of
Columbia under chapter 23 of title 16, D.C. Official Code, or
pursuant to contractual agreements to provide guardian ad
litem representation, training, technical assistance, and
such other services as are necessary to improve the quality
of guardian ad litem representation, payments for counsel
appointed in adoption proceedings under chapter 3 of title
16, D.C. Official Code, and payments authorized under section
21-2060, D.C. Official Code (relating to services provided
under the District of Columbia Guardianship, Protective
Proceedings, and Durable Power of Attorney Act of 1986),
$46,005,000, to remain available until expended: Provided,
That funds provided under this heading shall be administered
by the Joint Committee on Judicial Administration in the
District of Columbia: Provided further, That,
notwithstanding any other provision of law, this
appropriation shall be apportioned quarterly by the Office of
Management and Budget and obligated and expended in the same
manner as funds appropriated for expenses of other Federal
agencies.
federal payment to the court services and offender supervision agency
for the district of columbia
For salaries and expenses, including the transfer and hire
of motor vehicles, of the Court Services and Offender
Supervision Agency for the District of Columbia, as
authorized by the National Capital Revitalization and Self-
Government Improvement Act of 1997, $283,425,000, 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, $77,419,000 shall be
available to the Pretrial Services Agency, of which
$7,304,000 shall remain available until September 30, 2023,
for costs associated with relocation under a replacement
lease for headquarters offices, field offices, and related
facilities: Provided further, That notwithstanding any other
provision of law, all amounts under this heading shall be
apportioned quarterly by the Office of Management and Budget
and obligated and expended in the same manner as funds
appropriated for salaries and expenses of other Federal
agencies: Provided further, That amounts under this heading
may be used for programmatic incentives for defendants to
successfully complete their terms of supervision.
federal payment to the district of columbia public defender service
For salaries and expenses, including the transfer and hire
of motor vehicles, of the District of Columbia Public
Defender Service, as authorized by the National Capital
Revitalization and Self-Government Improvement Act of 1997,
$57,676,000, of which $8,107,000 shall remain available until
September 30, 2024, for salaries and expenses associated with
providing representation pursuant to title III of the
Comprehensive Youth Justice Amendment Act of 2016 (D.C. Law
21-238; D.C. Official Code, sec. 24-403.03), as amended by
title VI of the Omnibus Public Safety and Justice Amendment
Act of 2020 (D.C. Law 23-274): Provided, That
notwithstanding any other provision of law, all amounts under
this heading shall be apportioned quarterly by the Office of
Management and Budget and obligated and expended in the same
manner as funds appropriated for salaries and expenses of
Federal agencies: Provided further, That the District of
Columbia Public Defender Service may establish for employees
of the District of Columbia Public Defender Service a program
substantially similar to the program set forth in subchapter
II of chapter 35 of title 5, United States Code, except that
the maximum
[[Page H3981]]
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 the District of Columbia Public Defender
Service may be deemed an ``agency'' for 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 (Public Law 103-
356), as amended: Provided further, That the District of
Columbia Public Defender Service may enter into contracts for
the procurement of severable services and multiyear contracts
for the acquisition of property and services to the same
extent and under the same conditions as an executive agency
under sections 3902 and 3903 of title 41, United States Code.
federal payment to the criminal justice coordinating council
For a Federal payment to the Criminal Justice Coordinating
Council, $2,150,000, to remain available until expended, to
support initiatives related to the coordination of Federal
and local criminal justice resources in the District of
Columbia.
federal payment for judicial commissions
For a Federal payment, to remain available until September
30, 2023, to the Commission on Judicial Disabilities and
Tenure, $330,000, and for the Judicial Nomination Commission,
$300,000.
federal payment for school improvement
For a Federal payment for a school improvement program in
the District of Columbia, $52,500,000, to remain available
until expended, for payments authorized under the
Scholarships for Opportunity and Results Act (division C of
Public Law 112-10): Provided, That, to the extent that funds
are available for opportunity scholarships and following the
priorities included in section 3006 of such Act, the
Secretary of Education shall make scholarships available to
students eligible under section 3013(3) of such Act (Public
Law 112-10; 125 Stat. 211) including students who were not
offered a scholarship during any previous school year:
Provided further, That within funds provided for opportunity
scholarships up to $1,200,000 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: Provided further, That none of the
funds made available under this heading may be used for an
opportunity scholarship for a student to attend a school
which does not certify to the Secretary of Education that the
student will be provided with the same protections under the
Federal laws which are enforced by the Office for Civil
Rights of the Department of Education which are provided to a
student of a public elementary or secondary school in the
District of Columbia and which does not certify to the
Secretary of Education that the student and the student's
parents will be provided with the same services, rights, and
protections under the Individuals With Disabilities Education
Act (20 U.S.C. 1400 et seq.) which are provided to a student
and a student's parents of a public elementary or secondary
school in the District of Columbia, as enumerated in Table 2
of Government Accountability Office Report 18-94 (entitled
``Federal Actions Needed to Ensure Parents Are Notified About
Changes in Rights for Students with Disabilities''), issued
November 2017.
federal payment for the district of columbia national guard
For a Federal payment to the District of Columbia National
Guard, $600,000, to remain available until expended for the
Major General David F. Wherley, Jr. District of Columbia
National Guard Retention and College Access Program.
federal payment for testing and treatment of hiv/aids
For a Federal payment to the District of Columbia for the
testing of individuals for, and the treatment of individuals
with, human immunodeficiency virus and acquired
immunodeficiency syndrome in the District of Columbia,
$5,000,000.
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.
This title may be cited as the ``District of Columbia
Appropriations Act, 2022''.
TITLE V
INDEPENDENT AGENCIES
Administrative Conference of the United States
salaries and expenses
For necessary expenses of the Administrative Conference of
the United States, authorized by 5 U.S.C. 591 et seq.,
$3,400,000, to remain available until September 30, 2023, of
which not to exceed $1,000 is for official reception and
representation expenses.
Consumer Product Safety Commission
salaries and expenses
For necessary expenses of the Consumer Product Safety
Commission, including hire of passenger motor vehicles,
services as authorized by 5 U.S.C. 3109, but at rates for
individuals not to exceed the per diem rate equivalent to the
maximum rate payable under 5 U.S.C. 5376, purchase of nominal
awards to recognize non-Federal officials' contributions to
Commission activities, and not to exceed $4,000 for official
reception and representation expenses, $172,000,000, of which
$2,000,000 shall remain available until expended to carry out
the program, including administrative costs, required by
section 1405 of the Virginia Graeme Baker Pool and Spa Safety
Act (Public Law 110-140; 15 U.S.C. 8004).
administrative provision--consumer product safety commission
Sec. 501. During fiscal year 2022, none of the amounts
made available by this Act may be used to finalize or
implement the Safety Standard for Recreational Off-Highway
Vehicles published by the Consumer Product Safety Commission
in the Federal Register on November 19, 2014 (79 Fed. Reg.
68964) until after--
(1) the National Academy of Sciences, in consultation with
the National Highway Traffic Safety Administration and the
Department of Defense, completes a study to determine--
(A) the technical validity of the lateral stability and
vehicle handling requirements proposed by such standard for
purposes of reducing the risk of Recreational Off-Highway
Vehicle (referred to in this section as ``ROV'') rollovers in
the off-road environment, including the repeatability and
reproducibility of testing for compliance with such
requirements;
(B) the number of ROV rollovers that would be prevented if
the proposed requirements were adopted;
(C) whether there is a technical basis for the proposal to
provide information on a point-of-sale hangtag about a ROV's
rollover resistance on a progressive scale; and
(D) the effect on the utility of ROVs used by the United
States military if the proposed requirements were adopted;
and
(2) a report containing the results of the study completed
under paragraph (1) is delivered to--
(A) the Committee on Commerce, Science, and Transportation
of the Senate;
(B) the Committee on Energy and Commerce of the House of
Representatives;
(C) the Committee on Appropriations of the Senate; and
(D) the Committee on Appropriations of the House of
Representatives.
Election Assistance Commission
salaries and expenses
(including transfer of funds)
For necessary expenses to carry out the Help America Vote
Act of 2002 (Public Law 107-252), $22,834,000, of which
$1,500,000 shall be transferred to the National Institute of
Standards and Technology for election reform activities
authorized under the Help America Vote Act of 2002.
election security grants
Notwithstanding section 104(c)(2)(B) of the Help America
Vote Act of 2002 (52 U.S.C. 20904(c)(2)(B)), $500,000,000 is
provided to the Election Assistance Commission for necessary
expenses to make payments to States for activities to improve
the administration of elections for Federal office, including
to enhance election technology and make election security
improvements, as authorized by sections 101, 103, and 104 of
such Act: Provided, That for purposes of applying such
sections, the Commonwealth of the Northern Mariana Islands
shall be deemed to be a State and, for purposes of sections
101(d)(2) and 103(a), shall be treated in the same manner as
the Commonwealth of Puerto Rico, Guam, American Samoa, and
the United States Virgin Islands: Provided further, That
each reference to the ``Administrator of General Services''
or the ``Administrator'' in sections 101 and 103 shall be
deemed to refer to the ``Election Assistance Commission'':
Provided further, That each reference to ``$5,000,000'' in
section 103 shall be deemed to refer to ``$3,000,000'' and
each reference to ``$1,000,000'' in section 103 shall be
deemed to refer to ``$600,000'': Provided further, That not
later than 45 days after the date of enactment of this Act,
the Election Assistance Commission shall make the payments to
States under this heading: Provided further, That a State
shall use such payment to replace voting systems which use
direct-recording electronic voting machines with a voting
system which uses an individual, durable, voter-verified
paper ballot which is marked by the voter by hand or through
the use of a non-tabulating ballot-marking device or system,
so long as the voter shall have the option to mark his or her
ballot by hand, and provides the voter with an opportunity to
inspect and confirm the marked ballot before casting (in this
heading referred to as a ``qualified voting system''):
Provided further, That for purposes of determining whether a
voting system is a qualified voting system, a voter-verified
paper audit trail receipt generated by a direct-recording
electronic voting machine is not a paper ballot: Provided
further, That none of the funds made available under this
heading may be used to purchase or obtain any voting system
which is not a qualified voting system: Provided further,
That a State may use such payment to carry out other
authorized activities to improve the administration of
elections for Federal office only if the State certifies to
the Election Assistance Commission that the State has
replaced all voting systems which use direct-recording
electronic voting machines with qualified voting systems:
Provided further, That not less than 50 percent of the amount
of the payment made to a State under this heading shall be
allocated in cash or in kind to the units of local government
which are responsible for the administration of elections for
Federal office in the State: Provided further, That States
shall submit semi-annual 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
[[Page H3982]]
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, $387,950,000, to remain
available until expended: Provided, That $387,950,000 of
offsetting collections shall be assessed and collected
pursuant to section 9 of title I of the Communications Act of
1934, shall be retained and used for necessary expenses, and
shall remain available until expended: Provided further,
That the sum herein appropriated shall be reduced as such
offsetting collections are received during fiscal year 2022
so as to result in a final fiscal year 2022 appropriation
estimated at $0: Provided further, That, notwithstanding 47
U.S.C. 309(j)(8)(B), proceeds from the use of a competitive
bidding system that may be retained and made available for
obligation shall not exceed $128,621,000 for fiscal year
2022: Provided further, That, of the amount appropriated
under this heading, not less than $11,854,000 shall be for
the salaries and expenses of the Office of Inspector General.
administrative provisions--federal communications commission
Sec. 510. Section 302 of the Universal Service
Antideficiency Temporary Suspension Act is amended by
striking ``December 31, 2021'' each place it appears and
inserting ``December 31, 2022''.
Sec. 511. None of the funds appropriated by this Act may
be used by the Federal Communications Commission to modify,
amend, or change its rules or regulations for universal
service support payments to implement the February 27, 2004,
recommendations of the Federal-State Joint Board on Universal
Service regarding single connection or primary line
restrictions on universal service support payments.
Sec. 512. 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.
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, $76,500,000, of which
not to exceed $5,000 shall be available for reception and
representation expenses: Provided, That not less than
$1,962,000 shall be for the salaries and expenses of the
Office of the Inspector General.
Federal Labor Relations Authority
salaries and expenses
For necessary expenses to carry out functions of the
Federal Labor Relations Authority, pursuant to Reorganization
Plan Numbered 2 of 1978, and the Civil Service Reform Act of
1978, including services authorized by 5 U.S.C. 3109, and
including hire of experts and consultants, hire of passenger
motor vehicles, and including official reception and
representation expenses (not to exceed $1,500) and rental of
conference rooms in the District of Columbia and elsewhere,
$29,247,000: 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,
$389,800,000, 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 $231,800,000: Provided further, That none of the funds
made available to the Federal Trade Commission may be used to
implement subsection (e)(2)(B) of section 43 of the Federal
Deposit Insurance Act (12 U.S.C. 1831t).
General Services Administration
real property activities
federal buildings fund
limitations on availability of revenue
(including transfers of funds)
Amounts in the Fund, including revenues and collections
deposited into the Fund, shall be available for necessary
expenses of real property management and related activities
not otherwise provided for, including operation, maintenance,
and protection of Federally owned and leased buildings;
rental of buildings in the District of Columbia; restoration
of leased premises; moving governmental agencies (including
space adjustments and telecommunications relocation expenses)
in connection with the assignment, allocation, and transfer
of space; contractual services incident to cleaning or
servicing buildings, and moving; repair and alteration of
Federally owned buildings, including grounds, approaches, and
appurtenances; care and safeguarding of sites; maintenance,
preservation, demolition, and equipment; acquisition of
buildings and sites by purchase, condemnation, or as
otherwise authorized by law; acquisition of options to
purchase buildings and sites; conversion and extension of
Federally owned buildings; preliminary planning and design of
projects by contract or otherwise; construction of new
buildings (including equipment for such buildings); and
payment of principal, interest, and any other obligations for
public buildings acquired by installment purchase and
purchase contract; in the aggregate amount of
$10,405,316,000, of which--
(1) $616,702,000 shall remain available until expended for
construction and acquisition (including funds for sites and
expenses, and associated design and construction services) as
follows:
(A) $103,376,000 shall be for Calexico West Land Port of
Entry Phase IIB, Calexico, California;
(B) $253,797,000 shall be for the Department of Homeland
Security Consolidation at St. Elizabeths, Washington, DC;
(C) $9,000,000 shall be for the Southeast Federal Center
Remediation, Washington, DC;
(D) $28,553,000 shall be for the Former Hardesty Federal
Complex Remediation, Washington, DC; and
(E) $221,976,000 shall be for new construction projects of
the Federal Judiciary as prioritized in the ``Federal
Judiciary Courthouse Project Priorities'' plan approved by
the Judicial Conference of the United States in September
2020:
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) $1,037,585,000 shall remain available until expended
for repairs and alterations, including associated design and
construction services, of which--
(A) $432,625,000 is for Major Repairs and Alterations;
(B) $384,960,000 is for Basic Repairs and Alterations; and
(C) $220,000,000 is for the Special Emphasis Programs:
Provided, That funds made available in this or any previous
Act in the Federal Buildings Fund for Repairs and Alterations
shall, for prospectus projects, be limited to the amount
identified for each project, except each project in this or
any previous Act may be increased by an amount not to exceed
10 percent unless advance approval is obtained from the
Committees on Appropriations of the House of Representatives
and the Senate of a greater amount: Provided further, That
additional projects for which prospectuses have been fully
approved may be funded under this category only if advance
approval is obtained from the Committees on Appropriations of
the House of Representatives and the Senate: Provided
further, That the amounts provided in this or any prior Act
for ``Repairs and Alterations'' may be used to fund costs
associated with implementing security improvements to
buildings necessary to meet the minimum standards for
security in accordance with current law and in compliance
with the reprogramming guidelines of the appropriate
committees of the House and Senate: Provided further, That
the difference between the funds appropriated and expended on
any projects in this or any prior Act, under the heading
``Repairs and Alterations'', may be transferred to ``Basic
Repairs and Alterations'' or used to fund authorized
increases in prospectus projects: Provided further, That the
amount provided in this or any prior Act for ``Basic Repairs
and Alterations'' may be used to pay claims against the
Government arising from any projects under the heading
``Repairs and Alterations'' or used to fund authorized
increases in prospectus projects;
(3) $5,906,024,000 for rental of space to remain available
until expended; and
(4) $2,845,005,000 for building operations to remain
available until expended: Provided, That
[[Page H3983]]
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; $71,820,000.
operating expenses
For expenses authorized by law, not otherwise provided for,
for Government-wide activities associated with utilization
and donation of surplus personal property; disposal of real
property; agency-wide policy direction, and management; and
services as authorized by 5 U.S.C. 3109; $52,440,000, 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, $10,080,000, 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 authorized by law,
not otherwise provided for, 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; $59,200,000, 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
$100,000,000: 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, 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 Policymaking Act (Public Law
115-435): Provided further, That the transfer authorities
provided herein shall be in addition to any other transfer
authority provided in this Act.
technology modernization fund
For the Technology Modernization Fund, $50,000,000, to
remain available until expended, for technology-related
modernization activities.
asset proceeds and space management fund
For carrying out section 16(b)(2) of the Federal Assets
Sale and Transfer Act of 2016 (Public Law 114-287),
$4,000,000, to remain available until expended.
working capital fund
(including transfer of funds)
For the Working Capital Fund of the General Services
Administration, $28,500,000, to remain available until
expended, of which $8,500,000 is available for necessary
costs incurred by the Administrator to modernize rulemaking
systems and to provide support services for Federal
rulemaking agencies, and of which $20,000,000 is available
for work related to human resources information technology
modernization, including costs associated with facilitating
the development and finalization of human capital data
standards: Provided, That such funds for human resources
information technology modernization may be transferred and
credited to other appropriations, including those of the
Office of Personnel Management, in amounts necessary to cover
or reimburse costs incurred for the purposes provided herein:
Provided further, That amounts made available under this
heading shall be in addition to any other amounts available
for such purposes.
electric vehicles fund
(including transfer of funds)
For the procurement of zero emission and electric passenger
motor vehicles and the associated charging infrastructure,
notwithstanding section 303(c) of the Energy Policy Act of
1992 (42 U.S.C. 13212(c)), $300,000,000, to remain available
until expended: Provided, That amounts made available under
this heading shall be in addition to any other amounts
available for such purposes: Provided further, That amounts
available under this heading may be transferred to and merged
with appropriations at other Federal agencies, at the
discretion of the Administrator, for carrying out the
purposes under this heading, including for the procurement of
charging infrastructure for the United States Postal Service.
administrative provisions--general services administration
(including transfer of funds)
Sec. 520. Funds available to the General Services
Administration shall be available for the hire of passenger
motor vehicles.
Sec. 521. Funds in the Federal Buildings Fund made
available for fiscal year 2022 for Federal Buildings Fund
activities may be transferred between such activities only to
the extent necessary to meet program requirements: Provided,
That any proposed transfers shall be approved in advance by
the Committees on Appropriations of the House of
Representatives and the Senate.
Sec. 522. Except as otherwise provided in this title,
funds made available by this Act shall be used to transmit a
fiscal year 2023 request for United States Courthouse
construction only if the request: (1) meets the design guide
standards for construction as established and approved by the
General Services Administration, the Judicial Conference of
the United States, and the Office of Management and Budget;
(2) reflects the priorities of the Judicial Conference of the
United States as set out in its approved Courthouse Project
Priorities plan; and (3) includes a standardized courtroom
utilization study of each facility to be constructed,
replaced, or expanded.
Sec. 523. None of the funds provided in this Act may be
used to increase the amount of occupiable square feet,
provide cleaning services, security enhancements, or any
other service usually provided through the Federal Buildings
Fund, to any agency that does not pay the rate per square
foot assessment for space and services as determined by the
General Services Administration in consideration of the
Public Buildings Amendments Act of 1972 (Public Law 92-313).
Sec. 524. From funds made available under the heading
``Federal Buildings Fund, Limitations on Availability of
Revenue'', claims against the Government of less than
$250,000 arising from direct construction projects and
acquisition of buildings may be liquidated from savings
effected in other construction projects with prior
notification to the Committees on Appropriations of the House
of Representatives and the Senate.
Sec. 525. In any case in which the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public
Works of the Senate adopt a resolution granting lease
authority pursuant to a prospectus transmitted to Congress by
the Administrator of the General Services Administration
under 40 U.S.C. 3307, the Administrator shall ensure that the
delineated area of procurement is identical to the delineated
area included in the prospectus for all lease agreements,
except that, if the Administrator determines that the
delineated area of the procurement should not be identical to
the delineated area included in the prospectus, the
Administrator shall provide an explanatory statement to each
of such committees and the Committees on Appropriations of
the House of Representatives and the Senate prior to
exercising any lease authority provided in the resolution.
Sec. 526. With respect to each project funded under the
heading ``Major Repairs and Alterations'', and 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 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''.
[[Page H3984]]
Sec. 528. (a) Not later than 180 days after the date of
enactment of this Act, the Administrator of the General
Services Administration 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 Federal Bureau of
Investigation in the National Capital Region.
(b) The report transmitted under subsection (a) shall be
consistent with the requirements of section 3307(b) of title
40, United States Code, and include a summary of the material
provisions of the construction and full consolidation of the
Federal Bureau of Investigation in a new headquarters
facility, including all the costs associated with site
acquisition, design, management, and inspection, and a
description of all buildings and infrastructure needed to
complete the project.
Sec. 529. None of the funds made available in this Act may
be used by the General Services Administration to award or
facilitate the award of any contract for the provision of
architectural, engineering, and related services in a manner
inconsistent with the procedures in the Brooks Act (40 U.S.C.
1101 et. seq.) and part 36.6 of the Federal Acquisition
Regulation.
Sec. 530. None of the funds made available in this Act may
be used to implement or otherwise carry out directives
contained in any Executive order that would establish a
preferred architectural style for Federal buildings and
courthouses or that would otherwise conflict with the Guiding
Principles of Federal Architecture as established by the Ad
Hoc Committee on Federal Space on June 1, 1962.
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,
$2,400,000, 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, $46,027,000,
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
Trust Fund, pursuant to the Morris K. Udall and Stewart L.
Udall Foundation Act (20 U.S.C. 5601 et seq.), $1,800,000, to
remain available until expended, of which, notwithstanding
sections 8 and 9 of such Act, up to $1,000,000 shall be
available to carry out the activities authorized by section
6(7) of Public Law 102-259 and section 817(a) of Public Law
106-568 (20 U.S.C. 5604(7)): Provided, That all current and
previous amounts transferred to the Office of Inspector
General of the Department of the Interior will remain
available until expended for audits and investigations of the
Morris K. Udall and Stewart L. Udall Foundation, consistent
with the Inspector General Act of 1978 (5 U.S.C. App.), as
amended, and for annual independent financial audits of the
Morris K. Udall and Stewart L. Udall Foundation pursuant to
the Accountability of Tax Dollars Act of 2002 (Public Law
107-289): Provided further, That previous amounts
transferred to the Office of Inspector General of the
Department of the Interior may be transferred to the Morris
K. Udall and Stewart L. Udall Foundation for annual
independent financial audits pursuant to the Accountability
of Tax Dollars Act of 2002 (Public Law 107-289).
environmental dispute resolution fund
For payment to the Environmental Dispute Resolution Fund to
carry out activities under sections 10 and 11 of the Morris
K. Udall and Stewart L. Udall Foundation Act (Public Law 111-
90), $3,586,000, to remain available until expended:
Provided, That during fiscal year 2022 and each fiscal year
thereafter, any amounts in such Fund shall, pursuant to
section 1557 of title 31, United State Code, be exempt from
the provisions of subchapter IV of chapter 15 of such title.
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,
$403,677,000, 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,
$5,323,000.
repairs and restoration
For the repair, alteration, and improvement of archives
facilities, and to provide adequate storage for holdings,
$37,500,000, to remain available until expended.
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, $9,500,000, to remain available until expended.
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, $4,000,000
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 of 2012, 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, $20,371,000.
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, $197,000,000: Provided, That of the total amount made
available under this heading, $8,842,000 shall remain
available until expended, for information technology
infrastructure modernization and Trust Fund Federal Financial
System migration or modernization, and shall be in addition
to funds otherwise made available for such purposes:
Provided further, That of the total amount made available
under this heading, $1,073,201 may be made available for
strengthening the capacity and capabilities of the
acquisition workforce (as defined by the Office of Federal
Procurement Policy Act, as amended (41 U.S.C. 4001 et seq.)),
including the recruitment, hiring, training, and retention of
such workforce and information technology in support of
acquisition workforce effectiveness or for management
solutions to improve acquisition management; and in addition
$175,000,000 for administrative expenses, to be transferred
from the appropriate trust funds of OPM without regard to
other statutes, including direct procurement of printed
materials, for the retirement and insurance programs:
Provided further, That the provisions of this appropriation
shall not affect the authority to use applicable trust funds
as provided by sections 8348(a)(1)(B), 8958(f)(2)(A),
8988(f)(2)(A), and 9004(f)(2)(A) of title 5, United States
Code: Provided further, That no part of this appropriation
shall be available for salaries and expenses of the Legal
Examining Unit of OPM established pursuant to Executive Order
No. 9358 of July 1, 1943, or any successor unit of like
purpose: Provided further, That the President's Commission
on White House Fellows, established by Executive Order No.
11183 of October 3, 1964, may, during fiscal year 2022,
accept donations of money, property, and personal services:
Provided further, That such donations, including those from
prior years, may be used for the development of publicity
materials to provide information about the White House
Fellows, except that no such donations shall be accepted for
travel or reimbursement of travel expenses, or for the
salaries of employees of such Commission: Provided further,
That not to exceed 3 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) upon the advance approval of the
Committees on Appropriations of the House of Representatives
and the Senate: Provided further, That amounts transferred
to such a fund pursuant to the preceding proviso shall remain
available for obligation through
[[Page H3985]]
September 30, 2025, and shall not exceed 3 percent of any
program office of the Office of Personnel Management as
defined in the fiscal year 2022 OPM Congressional Budget
Justification submitted to Congress.
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, $5,345,000, and in
addition, not to exceed $30,565,000 for administrative
expenses to audit, investigate, and provide other oversight
of the Office of Personnel Management's retirement and
insurance programs, to be transferred from the appropriate
trust funds of the Office of Personnel Management, as
determined by the Inspector General: Provided, That the
Inspector General is authorized to rent conference rooms in
the District of Columbia and elsewhere.
Office of Special Counsel
salaries and expenses
For necessary expenses to carry out functions of the Office
of Special Counsel, including services as authorized by 5
U.S.C. 3109, payment of fees and expenses for witnesses,
rental of conference rooms in the District of Columbia and
elsewhere, and hire of passenger motor vehicles, $31,500,000.
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), $19,585,000, 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), $9,600,000, 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), $4,500,000, 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,
$1,992,917,000, to remain available until expended; of which
not less than $17,649,400 shall be for the Office of
Inspector General; of which not to exceed $75,000 shall be
available for a permanent secretariat for the International
Organization of Securities Commissions; and of which not to
exceed $100,000 shall be available for expenses for
consultations and meetings hosted by the Commission with
foreign governmental and other regulatory officials, members
of their delegations and staffs to exchange views concerning
securities matters, such expenses to include necessary
logistic and administrative expenses and the expenses of
Commission staff and foreign invitees in attendance
including: (1) incidental expenses such as meals; (2) travel
and transportation; and (3) related lodging or subsistence.
In addition to the foregoing appropriation, for move,
replication, and related costs associated with a replacement
lease for the Commission's Fort Worth Regional Office
facilities, not to exceed $6,745,900, 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 $1,992,917,000 of such offsetting
collections shall be available until expended for necessary
expenses of this account; and not to exceed $6,745,900 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: 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 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.
administrative provision--securities and exchange commission
Sec. 540. None of the funds made available by this Act may
be used to implement the amendments to sections 240.14a-1(l),
240.14a-2, or 240.14a-9 of title 17, Code of Federal
Regulations, that were adopted by the Securities and Exchange
Commission on July 22, 2020.
Selective Service System
salaries and expenses
For necessary expenses of the Selective Service System,
including expenses of attendance at meetings and of training
for uniformed personnel assigned to the Selective Service
System, as authorized by 5 U.S.C. 4101-4118 for civilian
employees; hire of passenger motor vehicles; services as
authorized by 5 U.S.C. 3109; and not to exceed $750 for
official reception and representation expenses; $29,200,000:
Provided, That during the current fiscal year, the President
may exempt this appropriation from the provisions of 31
U.S.C. 1341, whenever the President deems such action to be
necessary in the interest of national defense: Provided
further, That none of the funds appropriated by this Act may
be expended for or in connection with the induction of any
person into the Armed Forces of the United States.
Small Business Administration
salaries and expenses
For necessary expenses, not otherwise provided for, of the
Small Business Administration, including hire of passenger
motor vehicles as authorized by sections 1343 and 1344 of
title 31, United States Code, and not to exceed $3,500 for
official reception and representation expenses, $293,625,000,
of which not less than $12,000,000 shall be available for
examinations, reviews, and other lender oversight activities:
Provided, That the Administrator is authorized to charge
fees to cover the cost of publications developed by the Small
Business Administration, and certain loan program activities,
including fees authorized by section 5(b) of the Small
Business Act: Provided further, That, notwithstanding 31
U.S.C. 3302, revenues received from all such activities shall
be credited to this account, to remain available until
expended, for carrying out these purposes without further
appropriations: Provided further, That the Small Business
Administration may accept gifts in an amount not to exceed
$4,000,000 and may co-sponsor activities, each in accordance
with section 132(a) of division K of Public Law 108-447,
during fiscal year 2022: Provided further, That $6,100,000
shall be available for the Loan Modernization and Accounting
System, to be available until September 30, 2023.
entrepreneurial development programs
For necessary expenses of programs supporting
entrepreneurial and small business development, $323,800,000,
to remain available until September 30, 2023: Provided, That
$140,000,000 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 $41,000,000 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, $24,905,000.
office of advocacy
For necessary expenses of the Office of Advocacy in
carrying out the provisions of title II of Public Law 94-305
(15 U.S.C. 634a et seq.) and the Regulatory Flexibility Act
of 1980 (5 U.S.C. 601 et seq.), $9,620,000, 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
$7,500,000,000: 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 $7,500,000,000: 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 $4,000,000,000:
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,
$165,300,000, which may be transferred to and merged with the
appropriations for Salaries and Expenses.
[[Page H3986]]
disaster loans program account
(including transfers of funds)
For administrative expenses to carry out the direct loan
program authorized by section 7(b) of the Small Business Act,
$178,000,000, to be available until expended, of which
$1,600,000 is for the Office of Inspector General of the
Small Business Administration for audits and reviews of
disaster loans and the disaster loan programs and shall be
transferred to and merged with the appropriations for the
Office of Inspector General; of which $168,000,000 is for
direct administrative expenses of loan making and servicing
to carry out the direct loan program, which may be
transferred to and merged with the appropriations for
Salaries and Expenses; and of which $8,400,000 is for
indirect administrative expenses for the direct loan program,
which may be transferred to and merged with the
appropriations for Salaries and Expenses: Provided, That, of
the funds provided under this heading, $143,000,000 shall be
for major disasters declared pursuant to the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5122(2)): Provided further, That the amount for
major disasters under this heading is designated by Congress
as being for disaster relief pursuant to section 1(g) of H.
Res. 467 of the 117th Congress as engrossed in the House of
Representatives on June 14, 2021.
administrative provisions--small business administration
(including transfers of funds)
Sec. 550. 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. 551. 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. 552. For an additional amount under the heading
``Small Business Administration--Salaries and Expenses'',
$32,424,945, 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 report accompanying this Act:
Provided, That, notwithstanding sections 2701.92 and 2701.93
of title 2, Code of Federal Regulations, the Administrator of
the Small Business Administration may permit awards to
subrecipients for initiatives funded under this section:
Provided further, That none of the funds made available by
this section may be transferred for any other purpose.
United States Postal Service
payment to the postal service fund
For payment to the Postal Service Fund for revenue forgone
on free and reduced rate mail, pursuant to subsections (c)
and (d) of section 2401 of title 39, United States Code,
$58,570,000: Provided, That mail for overseas voting and
mail for the blind shall continue to be free: Provided
further, That 6-day delivery and rural delivery of mail shall
continue at not less than the 1983 level: Provided further,
That none of the funds made available to the Postal Service
by this Act shall be used to implement any rule, regulation,
or policy of charging any officer or employee of any State or
local child support enforcement agency, or any individual
participating in a State or local program of child support
enforcement, a fee for information requested or provided
concerning an address of a postal customer: Provided
further, That none of the funds provided in this Act shall be
used to consolidate or close small rural and other small post
offices: Provided further, That the Postal Service may not
destroy, and shall continue to offer for sale, any copies of
the Multinational Species Conservation Funds Semipostal
Stamp, as authorized under the Multinational Species
Conservation Funds Semipostal Stamp Act of 2010 (Public Law
111-241).
office of inspector general
salaries and expenses
(including transfer of funds)
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act
of 1978, $263,000,000, 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; $58,200,000, of which $1,000,000 shall remain
available until expended: Provided, That travel expenses of
the judges shall be paid upon the written certificate of the
judge.
TITLE VI
GENERAL PROVISIONS--THIS ACT
(including rescission of funds)
Sec. 601. None of the funds in this Act shall be used for
the planning or execution of any program to pay the expenses
of, or otherwise compensate, non-Federal parties intervening
in regulatory or adjudicatory proceedings funded in this Act.
Sec. 602. None of the funds appropriated in this Act shall
remain available for obligation beyond the current fiscal
year, nor may any be transferred to other appropriations,
unless expressly so provided herein.
Sec. 603. The expenditure of any appropriation under this
Act for any consulting service through procurement contract
pursuant to 5 U.S.C. 3109, shall be limited to those
contracts where such expenditures are a matter of public
record and available for public inspection, except where
otherwise provided under existing law, or under existing
Executive order issued pursuant to existing law.
Sec. 604. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality
of the United States Government, except pursuant to a
transfer made by, or transfer authority provided in, this Act
or any other appropriations Act.
Sec. 605. None of the funds made available by this Act
shall be available for any activity or for paying the salary
of any Government employee where funding an activity or
paying a salary to a Government employee would result in a
decision, determination, rule, regulation, or policy that
would prohibit the enforcement of section 307 of the Tariff
Act of 1930 (19 U.S.C. 1307).
Sec. 606. No funds appropriated pursuant to this Act may
be expended by an entity unless the entity agrees that in
expending the assistance the entity will comply with chapter
83 of title 41, United States Code.
Sec. 607. No funds appropriated or otherwise made
available under this Act shall be made available to any
person or entity that has been convicted of violating chapter
83 of title 41, United States Code.
Sec. 608. Except as otherwise provided in this Act, none
of the funds provided in this Act, provided by previous
appropriations Acts to the agencies or entities funded in
this Act that remain available for obligation or expenditure
in fiscal year 2022, or provided from any accounts in the
Treasury derived by the collection of fees and available to
the agencies funded by this Act, shall be available for
obligation or expenditure through a reprogramming of funds
that: (1) creates a new program; (2) eliminates a program,
project, or activity; (3) increases funds or personnel for
any program, project, or activity for which funds have been
denied or restricted by the Congress; (4) proposes to use
funds directed for a specific activity by the Committee on
Appropriations of either the House of Representatives or the
Senate for a different purpose; (5) augments existing
programs, projects, or activities in excess of $5,000,000 or
10 percent, whichever is less; (6) reduces existing programs,
projects, or activities by $5,000,000 or 10 percent,
whichever is less; or (7) creates or reorganizes offices,
programs, or activities unless prior approval is received
from the Committees on Appropriations of the House of
Representatives and the Senate: Provided, That prior to any
significant reorganization, restructuring, relocation, or
closing of offices, programs, or activities, each agency or
entity funded in this Act shall consult with the Committees
on Appropriations of the House of Representatives and the
Senate: Provided further, That not later than 60 days after
the date of enactment of this Act, each agency funded by this
Act shall submit a report to the Committees on Appropriations
of the House of Representatives and the Senate to establish
the baseline for application of reprogramming and transfer
authorities for the current fiscal year: Provided further,
That at a minimum the report shall include: (1) a table for
each appropriation, detailing both full-time employee
equivalents and budget authority, with separate columns to
display the prior year enacted level, the President's budget
request, adjustments made by Congress, adjustments due to
enacted rescissions, if appropriate, and the fiscal year
enacted level; (2) a delineation in the table for each
appropriation and its respective prior year enacted level by
object class and program, project, and activity as detailed
in this Act, in the accompanying report, or in the budget
appendix for the respective appropriation, whichever is more
detailed, and which shall apply to all items for which a
dollar amount is specified and to all programs for which new
budget authority is provided, as well as to discretionary
grants and discretionary grant allocations; and (3) an
identification of items of special congressional interest:
Provided further, That the amount appropriated or limited for
salaries and expenses for an agency shall be reduced by
$100,000 per day for each day after the required date that
the report has not been submitted to the Congress.
Sec. 609. Except as otherwise specifically provided by
law, not to exceed 50 percent of unobligated balances
remaining available at the end of fiscal year 2022 from
appropriations made available for salaries and expenses for
fiscal year 2022 in this Act, shall remain available through
September 30, 2023, for each such account for the purposes
authorized: Provided, That a request shall be submitted to
the Committees on Appropriations of the House of
Representatives and the Senate for approval prior to the
expenditure of such funds: Provided further, That these
requests shall be made in compliance with reprogramming
guidelines.
Sec. 610. (a) None of the funds made available in this Act
may be used by the Executive Office of the President to
request--
[[Page H3987]]
(1) any official background investigation report on any
individual from the Federal Bureau of Investigation; or
(2) a determination with respect to the treatment of an
organization as described in section 501(c) of the Internal
Revenue Code of 1986 and exempt from taxation under section
501(a) of such Code from the Department of the Treasury or
the Internal Revenue Service.
(b) Subsection (a) shall not apply--
(1) in the case of an official background investigation
report, if such individual has given express written consent
for such request not more than 6 months prior to the date of
such request and during the same presidential administration;
or
(2) if such request is required due to extraordinary
circumstances involving national security.
Sec. 611. The cost accounting standards promulgated under
chapter 15 of title 41, United States Code shall not apply
with respect to a contract under the Federal Employees Health
Benefits Program established under chapter 89 of title 5,
United States Code.
Sec. 612. For the purpose of resolving litigation and
implementing any settlement agreements regarding the
nonforeign area cost-of-living allowance program, the Office
of Personnel Management may accept and utilize (without
regard to any restriction on unanticipated travel expenses
imposed in an Appropriations Act) funds made available to the
Office of Personnel Management pursuant to court approval.
Sec. 613. In order to promote Government access to
commercial information technology, the restriction on
purchasing nondomestic articles, materials, and supplies set
forth in chapter 83 of title 41, United States Code
(popularly known as the Buy American Act), shall not apply to
the acquisition by the Federal Government of information
technology (as defined in section 11101 of title 40, United
States Code), that is a commercial item (as defined in
section 103 of title 41, United States Code).
Sec. 614. 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. 615. Notwithstanding section 708 of this Act, funds
made available to the Commodity Futures Trading Commission
and the Securities and Exchange Commission by this or any
other Act may be used for the interagency funding and
sponsorship of a joint advisory committee to advise on
emerging regulatory issues.
Sec. 616. (a)(1) Notwithstanding any other provision of
law, an Executive agency covered by this Act otherwise
authorized to enter into contracts for either leases or the
construction or alteration of real property for office,
meeting, storage, or other space must consult with the
General Services Administration before issuing a solicitation
for offers of new leases or construction contracts, and in
the case of succeeding leases, before entering into
negotiations with the current lessor.
(2) Any such agency with authority to enter into an
emergency lease may do so during any period declared by the
President to require emergency leasing authority with respect
to such agency.
(b) For purposes of this section, the term ``Executive
agency covered by this Act'' means any Executive agency
provided funds by this Act, but does not include the General
Services Administration or the United States Postal Service.
Sec. 617. (a) There are appropriated for the following
activities the amounts required under current law:
(1) Compensation of the President (3 U.S.C. 102).
(2) Payments to--
(A) the Judicial Officers' Retirement Fund (28 U.S.C.
377(o));
(B) the Judicial Survivors' Annuities Fund (28 U.S.C.
376(c)); and
(C) the United States Court of Federal Claims Judges'
Retirement Fund (28 U.S.C. 178(l)).
(3) Payment of Government contributions--
(A) with respect to the health benefits of retired
employees, as authorized by chapter 89 of title 5, United
States Code, and the Retired Federal Employees Health
Benefits Act (74 Stat. 849); and
(B) with respect to the life insurance benefits for
employees retiring after December 31, 1989 (5 U.S.C. ch. 87).
(4) Payment to finance the unfunded liability of new and
increased annuity benefits under the Civil Service Retirement
and Disability Fund (5 U.S.C. 8348).
(5) Payment of annuities authorized to be paid from the
Civil Service Retirement and Disability Fund by statutory
provisions other than subchapter III of chapter 83 or chapter
84 of title 5, United States Code.
(b) Nothing in this section may be construed to exempt any
amount appropriated by this section from any otherwise
applicable limitation on the use of funds contained in this
Act.
Sec. 618. 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. 619. (a) The head of each executive branch agency
funded by this Act shall ensure that the Chief Information
Officer of the agency has the authority to participate in
decisions regarding the budget planning process related to
information technology.
(b) Amounts appropriated for any executive branch agency
funded by this Act that are available for information
technology shall be allocated within the agency, consistent
with the provisions of appropriations Acts and budget
guidelines and recommendations from the Director of the
Office of Management and Budget, in such manner as specified
by, or approved by, the Chief Information Officer of the
agency in consultation with the Chief Financial Officer of
the agency and budget officials.
Sec. 620. 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. 621. 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. 622. No funds provided in this Act shall be used to
deny an Inspector General funded under this Act timely access
to any records, documents, or other materials available to
the department or agency over which that Inspector General
has responsibilities under the Inspector General Act of 1978,
or to prevent or impede that Inspector General's access to
such records, documents, or other materials, under any
provision of law, except a provision of law that expressly
refers to the Inspector General and expressly limits the
Inspector General's right of access. A department or agency
covered by this section shall provide its Inspector General
with access to all such records, documents, and other
materials in a timely manner. Each Inspector General shall
ensure compliance with statutory limitations on disclosure
relevant to the information provided by the establishment
over which that Inspector General has responsibilities under
the Inspector General Act of 1978. Each Inspector General
covered by this section shall report to the Committees on
Appropriations of the House of Representatives and the Senate
within 5 calendar days any failures to comply with this
requirement.
Sec. 623. (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. 624. 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. 625. (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. 626. 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. 627. In addition to any amounts appropriated or
otherwise made available for expenses related to enhancements
to www.oversight.gov, $850,000, to remain available until
expended, shall be provided for an additional amount for such
purpose to the Inspectors General Council Fund established
pursuant to section 11(c)(3)(B) of the Inspector General Act
of 1978 (5 U.S.C. App.): Provided, That these amounts shall
be in addition to any amounts or any authority available to
the Council of the Inspectors General on Integrity and
Efficiency under section 11 of the Inspector General Act of
1978 (5 U.S.C. App.).
Sec. 628. 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
[[Page H3988]]
to the Committees on Appropriations of the House of
Representatives and the Senate.
Sec. 629. None of the funds made available in this Act may
be used to penalize a financial institution solely because
the institution provides financial services to an entity that
is a manufacturer, a producer, or a person that participates
in any business or organized activity that involves handling
hemp, hemp-derived cannabidiol products, other hemp-derived
cannabinoid products, marijuana, marijuana products, or
marijuana proceeds, and engages in such activity pursuant to
a law established by a State, political subdivision of a
State, or Indian Tribe. In this section, the term ``State''
means each of the several States, the District of Columbia,
and any territory or possession of the United States.
Sec. 630. Of the unobligated balances available in the
Department of the Treasury, Treasury Forfeiture Fund,
established by section 9703 of title 31, United States Code,
$20,000,000 shall be permanently rescinded not later than
September 30, 2022.
TITLE VII
GENERAL PROVISIONS--GOVERNMENT-WIDE
Departments, Agencies, and Corporations
(including transfer of funds)
Sec. 701. No department, agency, or instrumentality of the
United States receiving appropriated funds under this or any
other Act for fiscal year 2022 shall obligate or expend any
such funds, unless such department, agency, or
instrumentality has in place, and will continue to administer
in good faith, a written policy designed to ensure that all
of its workplaces are free from the illegal use, possession,
or distribution of controlled substances (as defined in the
Controlled Substances Act (21 U.S.C. 802)) by the officers
and employees of such department, agency, or instrumentality.
Sec. 702. Unless otherwise specifically provided, the
maximum amount allowable during the current fiscal year in
accordance with subsection 1343(c) of title 31, United States
Code, for the purchase of any passenger motor vehicle
(exclusive of buses, ambulances, law enforcement vehicles,
protective vehicles, and undercover surveillance vehicles),
is hereby fixed at $19,947 except station wagons for which
the maximum shall be $19,997: Provided, That these limits
may be exceeded by not to exceed $7,250 for police-type
vehicles: Provided further, That the limits set forth in
this section may not be exceeded by more than 5 percent for
electric or hybrid vehicles purchased for demonstration under
the provisions of the Electric and Hybrid Vehicle Research,
Development, and Demonstration Act of 1976: Provided
further, That the limits set forth in this section may be
exceeded by the incremental cost of clean alternative fuels
vehicles acquired pursuant to Public Law 101-549 over the
cost of comparable conventionally fueled vehicles: Provided
further, That the limits set forth in this section shall not
apply to any vehicle that is a commercial item and which
operates on alternative fuel, including but not limited to
electric, plug-in hybrid electric, and hydrogen fuel cell
vehicles.
Sec. 703. Appropriations of the executive departments and
independent establishments for the current fiscal year
available for expenses of travel, or for the expenses of the
activity concerned, are hereby made available for quarters
allowances and cost-of-living allowances, in accordance with
5 U.S.C. 5922-5924.
Sec. 704. Unless otherwise specified in law during the
current fiscal year, no part of any appropriation contained
in this or any other Act shall be used to pay the
compensation of any officer or employee of the Government of
the United States (including any agency the majority of the
stock of which is owned by the Government of the United
States) whose post of duty is in the continental United
States unless such person: (1) is a citizen of the United
States; (2) is a person who is lawfully admitted for
permanent residence and is seeking citizenship as outlined in
8 U.S.C. 1324b(a)(3)(B); (3) is a person who is admitted as a
refugee under 8 U.S.C. 1157 or is granted asylum under 8
U.S.C. 1158 and has filed a declaration of intention to
become a lawful permanent resident and then a citizen when
eligible; (4) is a person who owes allegiance to the United
States; or (5) is a person who is authorized to be employed
in the United States pursuant to the Deferred Action for
Childhood Arrivals program established under the memorandum
of the Secretary of Homeland Security dated June 15, 2012:
Provided, That for purposes of this section, affidavits
signed by any such person shall be considered prima facie
evidence that the requirements of this section with respect
to his or her status are being complied with: Provided
further, That for purposes of subsections (2) and (3) such
affidavits shall be submitted prior to employment and updated
thereafter as necessary: Provided further, That any person
making a false affidavit shall be guilty of a felony, and
upon conviction, shall be fined no more than $4,000 or
imprisoned for not more than 1 year, or both: Provided
further, That the above penal clause shall be in addition to,
and not in substitution for, any other provisions of existing
law: Provided further, That any payment made to any officer
or employee contrary to the provisions of this section shall
be recoverable in action by the Federal Government: Provided
further, That this section shall not apply to any person who
is an officer or employee of the Government of the United
States on the date of enactment of this Act, or to
international broadcasters employed by the Broadcasting Board
of Governors, or to temporary employment of translators, or
to temporary employment in the field service (not to exceed
60 days) as a result of emergencies: Provided further, That
this section does not apply to the employment as Wildland
firefighters for not more than 120 days of nonresident aliens
employed by the Department of the Interior or the USDA Forest
Service pursuant to an agreement with another country.
Sec. 705. Appropriations available to any department or
agency during the current fiscal year for necessary expenses,
including maintenance or operating expenses, shall also be
available for payment to the General Services Administration
for charges for space and services and those expenses of
renovation and alteration of buildings and facilities which
constitute public improvements performed in accordance with
the Public Buildings Act of 1959 (73 Stat. 479), the Public
Buildings Amendments of 1972 (86 Stat. 216), or other
applicable law.
Sec. 706. In addition to funds provided in this or any
other Act, all Federal agencies are authorized to receive and
use funds resulting from the sale of materials, including
Federal records disposed of pursuant to a records schedule
recovered through recycling or waste prevention programs.
Such funds shall be available until expended for the
following purposes:
(1) Acquisition, waste reduction and prevention, and
recycling programs as described in Executive Order No. 13834
(May 17, 2018), including any such programs adopted prior to
the effective date of the Executive order.
(2) Other Federal agency environmental management programs,
including, but not limited to, the development and
implementation of hazardous waste management and pollution
prevention programs.
(3) Other employee programs as authorized by law or as
deemed appropriate by the head of the Federal agency.
Sec. 707. Funds made available by this or any other Act
for administrative expenses in the current fiscal year of the
corporations and agencies subject to chapter 91 of title 31,
United States Code, shall be available, in addition to
objects for which such funds are otherwise available, for
rent in the District of Columbia; services in accordance with
5 U.S.C. 3109; and the objects specified under this head, all
the provisions of which shall be applicable to the
expenditure of such funds unless otherwise specified in the
Act by which they are made available: Provided, That in the
event any functions budgeted as administrative expenses are
subsequently transferred to or paid from other funds, the
limitations on administrative expenses shall be
correspondingly reduced.
Sec. 708. No part of any appropriation contained in this
or any other Act shall be available for interagency financing
of boards (except Federal Executive Boards), commissions,
councils, committees, or similar groups (whether or not they
are interagency entities) which do not have a prior and
specific statutory approval to receive financial support from
more than one agency or instrumentality.
Sec. 709. None of the funds made available pursuant to the
provisions of this or any other Act shall be used to
implement, administer, or enforce any regulation which has
been disapproved pursuant to a joint resolution duly adopted
in accordance with the applicable law of the United States.
Sec. 710. During the period in which the head of any
department or agency, or any other officer or civilian
employee of the Federal Government appointed by the President
of the United States, holds office, no funds may be obligated
or expended in excess of $5,000 to furnish or redecorate the
office of such department head, agency head, officer, or
employee, or to purchase furniture or make improvements for
any such office, unless advance notice of such furnishing or
redecoration is transmitted to the Committees on
Appropriations of the House of Representatives and the
Senate. For the purposes of this section, the term ``office''
shall include the entire suite of offices assigned to the
individual, as well as any other space used primarily by the
individual or the use of which is directly controlled by the
individual.
Sec. 711. Notwithstanding 31 U.S.C. 1346, or section 708
of this Act, funds made available for the current fiscal year
by this or any other Act shall be available for the
interagency funding of national security and emergency
preparedness telecommunications initiatives which benefit
multiple Federal departments, agencies, or entities, as
provided by Executive Order No. 13618 (July 6, 2012).
Sec. 712. (a) None of the funds made available by this or
any other Act may be obligated or expended by any department,
agency, or other instrumentality of the Federal Government to
pay the salaries or expenses of any individual appointed to a
position of a confidential or policy-determining character
that is excepted from the competitive service under section
3302 of title 5, United States Code, (pursuant to schedule C
of subpart C of part 213 of title 5 of the Code of Federal
Regulations) unless the head of the applicable department,
agency, or other instrumentality employing such schedule C
individual certifies to the Director of the Office of
Personnel Management that the schedule C position occupied by
the individual was not created solely or primarily in order
to detail the individual to the White House.
(b) The provisions of this section shall not apply to
Federal employees or members of the armed forces detailed to
or from an element of the intelligence community (as that
term is defined under section 3(4) of the National Security
Act of 1947 (50 U.S.C. 3003(4))).
Sec. 713. No part of any appropriation contained in this
or any other Act shall be available for the payment of the
salary of any officer or employee of the Federal Government,
who--
(1) prohibits or prevents, or attempts or threatens to
prohibit or prevent, any other officer or employee of the
Federal Government from having any direct oral or written
communication or contact with any Member, committee, or
subcommittee of the Congress in connection with any matter
pertaining to the employment of
[[Page H3989]]
such other officer or employee or pertaining to the
department or agency of such other officer or employee in any
way, irrespective of whether such communication or contact is
at the initiative of such other officer or employee or in
response to the request or inquiry of such Member, committee,
or subcommittee; or
(2) removes, suspends from duty without pay, demotes,
reduces in rank, seniority, status, pay, or performance or
efficiency rating, denies promotion to, relocates, reassigns,
transfers, disciplines, or discriminates in regard to any
employment right, entitlement, or benefit, or any term or
condition of employment of, any other officer or employee of
the Federal Government, or attempts or threatens to commit
any of the foregoing actions with respect to such other
officer or employee, by reason of any communication or
contact of such other officer or employee with any Member,
committee, or subcommittee of the Congress as described in
paragraph (1).
Sec. 714. (a) None of the funds made available in this or
any other Act may be obligated or expended for any employee
training that--
(1) does not meet identified needs for knowledge, skills,
and abilities bearing directly upon the performance of
official duties;
(2) contains elements likely to induce high levels of
emotional response or psychological stress in some
participants;
(3) does not require prior employee notification of the
content and methods to be used in the training and written
end of course evaluation;
(4) contains any methods or content associated with
religious or quasi-religious belief systems or ``new age''
belief systems as defined in Equal Employment Opportunity
Commission Notice N-915.022, dated September 2, 1988; or
(5) is offensive to, or designed to change, participants'
personal values or lifestyle outside the workplace.
(b) Nothing in this section shall prohibit, restrict, or
otherwise preclude an agency from conducting training bearing
directly upon the performance of official duties.
Sec. 715. No part of any funds appropriated in this or any
other Act shall be used by an agency of the executive branch,
other than for normal and recognized executive-legislative
relationships, for publicity or propaganda purposes, and for
the preparation, distribution or use of any kit, pamphlet,
booklet, publication, radio, television, or film presentation
designed to support or defeat legislation pending before the
Congress, except in presentation to the Congress itself.
Sec. 716. None of the funds appropriated by this or any
other Act may be used by an agency to provide a Federal
employee's home address to any labor organization except when
the employee has authorized such disclosure or when such
disclosure has been ordered by a court of competent
jurisdiction.
Sec. 717. None of the funds made available in this or any
other Act may be used to provide any non-public information
such as mailing, telephone, or electronic mailing lists to
any person or any organization outside of the Federal
Government without the approval of the Committees on
Appropriations of the House of Representatives and the
Senate.
Sec. 718. No part of any appropriation contained in this
or any other Act shall be used directly or indirectly,
including by private contractor, for publicity or propaganda
purposes within the United States not heretofore authorized
by Congress.
Sec. 719. (a) In this section, the term ``agency''--
(1) means an Executive agency, as defined under 5 U.S.C.
105; and
(2) includes a military department, as defined under
section 102 of such title, the United States Postal Service,
and the Postal Regulatory Commission.
(b) Unless authorized in accordance with law or regulations
to use such time for other purposes, an employee of an agency
shall use official time in an honest effort to perform
official duties. An employee not under a leave system,
including a Presidential appointee exempted under 5 U.S.C.
6301(2), has an obligation to expend an honest effort and a
reasonable proportion of such employee's time in the
performance of official duties.
Sec. 720. Notwithstanding 31 U.S.C. 1346 and section 708
of this Act, funds made available for the current fiscal year
by this or any other Act to any department or agency, which
is a member of the Federal Accounting Standards Advisory
Board (FASAB), shall be available to finance an appropriate
share of FASAB administrative costs.
Sec. 721. Notwithstanding 31 U.S.C. 1346 and section 708
of this Act, the head of each Executive department and agency
is hereby authorized to transfer to or reimburse ``General
Services Administration, Government-wide Policy'' with the
approval of the Director of the Office of Management and
Budget, funds made available for the current fiscal year by
this or any other Act, including rebates from charge card and
other contracts: Provided, That these funds shall be
administered by the Administrator of General Services to
support Government-wide and other multi-agency financial,
information technology, procurement, and other management
innovations, initiatives, and activities, including improving
coordination and reducing duplication, as approved by the
Director of the Office of Management and Budget, in
consultation with the appropriate interagency and multi-
agency groups designated by the Director (including the
President's Management Council for overall management
improvement initiatives, the Chief Financial Officers Council
for financial management initiatives, the Chief Information
Officers Council for information technology initiatives, the
Chief Human Capital Officers Council for human capital
initiatives, the Chief Acquisition Officers Council for
procurement initiatives, and the Performance Improvement
Council for performance improvement initiatives): Provided
further, That the total funds transferred or reimbursed shall
not exceed $15,000,000 to improve coordination, reduce
duplication, and for other activities related to Federal
Government Priority Goals established by 31 U.S.C. 1120, and
not to exceed $17,000,000 for Government-Wide innovations,
initiatives, and activities: Provided further, That the
funds transferred to or for reimbursement of ``General
Services Administration, Government-wide Policy'' during
fiscal year 2022 shall remain available for obligation
through September 30, 2023: Provided further, That such
transfers or reimbursements may only be made after 15 days
following notification of the Committees on Appropriations of
the House of Representatives and the Senate by the Director
of the Office of Management and Budget.
Sec. 722. Notwithstanding any other provision of law, a
woman may breastfeed her child at any location in a Federal
building or on Federal property, if the woman and her child
are otherwise authorized to be present at the location.
Sec. 723. Notwithstanding 31 U.S.C. 1346, or section 708
of this Act, funds made available for the current fiscal year
by this or any other Act shall be available for the
interagency funding of specific projects, workshops, studies,
and similar efforts to carry out the purposes of the National
Science and Technology Council (authorized by Executive Order
No. 12881), which benefit multiple Federal departments,
agencies, or entities: Provided, That the Office of
Management and Budget shall provide a report describing the
budget of and resources connected with the National Science
and Technology Council to the Committees on Appropriations,
the House Committee on Science, Space, and Technology, and
the Senate Committee on Commerce, Science, and Transportation
90 days after enactment of this Act.
Sec. 724. Any request for proposals, solicitation, grant
application, form, notification, press release, or other
publications involving the distribution of Federal funds
shall comply with any relevant requirements in part 200 of
title 2, Code of Federal Regulations: Provided, That this
section shall apply to direct payments, formula funds, and
grants received by a State receiving Federal funds.
Sec. 725. (a) Prohibition of Federal Agency Monitoring of
Individuals' Internet Use.--None of the funds made available
in this or any other Act may be used by any Federal agency--
(1) to collect, review, or create any aggregation of data,
derived from any means, that includes any personally
identifiable information relating to an individual's access
to or use of any Federal Government Internet site of the
agency; or
(2) to enter into any agreement with a third party
(including another government agency) to collect, review, or
obtain any aggregation of data, derived from any means, that
includes any personally identifiable information relating to
an individual's access to or use of any nongovernmental
Internet site.
(b) Exceptions.--The limitations established in subsection
(a) shall not apply to--
(1) any record of aggregate data that does not identify
particular persons;
(2) any voluntary submission of personally identifiable
information;
(3) any action taken for law enforcement, regulatory, or
supervisory purposes, in accordance with applicable law; or
(4) any action described in subsection (a)(1) that is a
system security action taken by the operator of an Internet
site and is necessarily incident to providing the Internet
site services or to protecting the rights or property of the
provider of the Internet site.
(c) Definitions.--For the purposes of this section:
(1) The term ``regulatory'' means agency actions to
implement, interpret or enforce authorities provided in law.
(2) The term ``supervisory'' means examinations of the
agency's supervised institutions, including assessing safety
and soundness, overall financial condition, management
practices and policies and compliance with applicable
standards as provided in law.
Sec. 726. (a) None of the funds appropriated by this Act
may be used to enter into or renew a contract which includes
a provision providing prescription drug coverage, except
where the contract also includes a provision for
contraceptive coverage.
(b) Nothing in this section shall apply to a contract
with--
(1) any of the following religious plans:
(A) Personal Care's HMO; and
(B) OSF HealthPlans, Inc.; and
(2) any existing or future plan, if the carrier for the
plan objects to such coverage on the basis of religious
beliefs.
(c) In implementing this section, any plan that enters into
or renews a contract under this section may not subject any
individual to discrimination on the basis that the individual
refuses to prescribe or otherwise provide for contraceptives
because such activities would be contrary to the individual's
religious beliefs or moral convictions.
(d) Nothing in this section shall be construed to require
coverage of abortion or abortion-related services.
Sec. 727. The United States is committed to ensuring the
health of its Olympic, Pan American, and Paralympic athletes,
and supports the strict adherence to anti-doping in sport
through testing, adjudication, education, and research as
performed by nationally recognized oversight authorities.
Sec. 728. Notwithstanding any other provision of law,
funds appropriated for official travel to Federal departments
and agencies may be used
[[Page H3990]]
by such departments and agencies, if consistent with Office
of Management and Budget Circular A-126 regarding official
travel for Government personnel, to participate in the
fractional aircraft ownership pilot program.
Sec. 729. Notwithstanding any other provision of law, none
of the funds appropriated or made available under this or any
other appropriations Act may be used to implement or enforce
restrictions or limitations on the Coast Guard Congressional
Fellowship Program, or to implement the proposed regulations
of the Office of Personnel Management to add sections 300.311
through 300.316 to part 300 of title 5 of the Code of Federal
Regulations, published in the Federal Register, volume 68,
number 174, on September 9, 2003 (relating to the detail of
executive branch employees to the legislative branch).
Sec. 730. Notwithstanding any other provision of law, no
executive branch agency shall purchase, construct, or lease
any additional facilities, except within or contiguous to
existing locations, to be used for the purpose of conducting
Federal law enforcement training without the advance approval
of the Committees on Appropriations of the House of
Representatives and the Senate, except that the Federal Law
Enforcement Training Centers is authorized to obtain the
temporary use of additional facilities by lease, contract, or
other agreement for training which cannot be accommodated in
existing Centers facilities.
Sec. 731. Unless otherwise authorized by existing law,
none of the funds provided in this or any other Act may be
used by an executive branch agency to produce any prepackaged
news story intended for broadcast or distribution in the
United States, unless the story includes a clear notification
within the text or audio of the prepackaged news story that
the prepackaged news story was prepared or funded by that
executive branch agency.
Sec. 732. None of the funds made available in this Act may
be used in contravention of section 552a of title 5, United
States Code (popularly known as the Privacy Act), and
regulations implementing that section.
Sec. 733. (a) In General.--None of the funds appropriated
or otherwise made available by this or any other Act may be
used for any Federal Government contract with any foreign
incorporated entity which is treated as an inverted domestic
corporation under section 835(b) of the Homeland Security Act
of 2002 (6 U.S.C. 395(b)) or any subsidiary of such an
entity.
(b) Waivers.--
(1) In general.--Any Secretary shall waive subsection (a)
with respect to any Federal Government contract under the
authority of such Secretary if the Secretary determines that
the waiver is required in the interest of national security.
(2) Report to congress.--Any Secretary issuing a waiver
under paragraph (1) shall report such issuance to Congress.
(c) Exception.--This section shall not apply to any Federal
Government contract entered into before the date of the
enactment of this Act, or to any task order issued pursuant
to such contract.
Sec. 734. During fiscal year 2022, for each employee who--
(1) retires under section 8336(d)(2) or 8414(b)(1)(B) of
title 5, United States Code; or
(2) retires under any other provision of subchapter III of
chapter 83 or chapter 84 of such title 5 and receives a
payment as an incentive to separate, the separating agency
shall remit to the Civil Service Retirement and Disability
Fund an amount equal to the Office of Personnel Management's
average unit cost of processing a retirement claim for the
preceding fiscal year. Such amounts shall be available until
expended to the Office of Personnel Management and shall be
deemed to be an administrative expense under section
8348(a)(1)(B) of title 5, United States Code.
Sec. 735. 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. 736. (a)(1) Notwithstanding any other provision of
law, and except as otherwise provided in this section, no
part of any of the funds appropriated for fiscal year 2022,
by this or any other Act, may be used to pay any prevailing
rate employee described in section 5342(a)(2)(A) of title 5,
United States Code--
(A) during the period from the date of expiration of the
limitation imposed by the comparable section for the previous
fiscal years until the normal effective date of the
applicable wage survey adjustment that is to take effect in
fiscal year 2022, in an amount that exceeds the rate payable
for the applicable grade and step of the applicable wage
schedule in accordance with such section; and
(B) during the period consisting of the remainder of fiscal
year 2022, in an amount that exceeds, as a result of a wage
survey adjustment, the rate payable under subparagraph (A) by
more than the sum of--
(i) the percentage adjustment taking effect in fiscal year
2022 under section 5303 of title 5, United States Code, in
the rates of pay under the General Schedule; and
(ii) the difference between the overall average percentage
of the locality-based comparability payments taking effect in
fiscal year 2022 under section 5304 of such title (whether by
adjustment or otherwise), and the overall average percentage
of such payments which was effective in the previous fiscal
year under such section.
(2) Notwithstanding any other provision of law, no
prevailing rate employee described in subparagraph (B) or (C)
of section 5342(a)(2) of title 5, United States Code, and no
employee covered by section 5348 of such title, may be paid
during the periods for which paragraph (1) is in effect at a
rate that exceeds the rates that would be payable under
paragraph (1) were paragraph (1) applicable to such employee.
(3) For the purposes of this subsection, the rates payable
to an employee who is covered by this subsection and who is
paid from a schedule not in existence on September 30, 2021,
shall be determined under regulations prescribed by the
Office of Personnel Management.
(4) Notwithstanding any other provision of law, rates of
premium pay for employees subject to this subsection may not
be changed from the rates in effect on September 30, 2021,
except to the extent determined by the Office of Personnel
Management to be consistent with the purpose of this
subsection.
(5) This subsection shall apply with respect to pay for
service performed after September 30, 2021.
(6) For the purpose of administering any provision of law
(including any rule or regulation that provides premium pay,
retirement, life insurance, or any other employee benefit)
that requires any deduction or contribution, or that imposes
any requirement or limitation on the basis of a rate of
salary or basic pay, the rate of salary or basic pay payable
after the application of this subsection shall be treated as
the rate of salary or basic pay.
(7) Nothing in this subsection shall be considered to
permit or require the payment to any employee covered by this
subsection at a rate in excess of the rate that would be
payable were this subsection not in effect.
(8) The Office of Personnel Management may provide for
exceptions to the limitations imposed by this subsection if
the Office determines that such exceptions are necessary to
ensure the recruitment or retention of qualified employees.
(b) Notwithstanding subsection (a), the adjustment in rates
of basic pay for the statutory pay systems that take place in
fiscal year 2022 under sections 5344 and 5348 of title 5,
United States Code, shall be--
(1) not less than the percentage received by employees in
the same location whose rates of basic pay are adjusted
pursuant to the statutory pay systems under sections 5303 and
5304 of title 5, United States Code: Provided, That
prevailing rate employees at locations where there are no
employees whose pay is increased pursuant to sections 5303
and 5304 of title 5, United States Code, and prevailing rate
employees described in section 5343(a)(5) of title 5, United
States Code, shall be considered to be located in the pay
locality designated as ``Rest of United States'' pursuant to
section 5304 of title 5, United States Code, for purposes of
this subsection; and
(2) effective as of the first day of the first applicable
pay period beginning after September 30, 2021.
Sec. 737. (a) The head of any Executive branch department,
agency, board, commission, or office funded by this or any
other appropriations Act shall submit annual reports to the
Inspector General or senior ethics official for any entity
without an Inspector General, regarding the costs and
contracting procedures related to each conference held by any
such department, agency, board, commission, or office during
fiscal year 2022 for which the cost to the United States
Government was more than $100,000.
(b) Each report submitted shall include, for each
conference described in subsection (a) held during the
applicable period--
(1) a description of its purpose;
(2) the number of participants attending;
(3) a detailed statement of the costs to the United States
Government, including--
(A) the cost of any food or beverages;
(B) the cost of any audio-visual services;
(C) the cost of employee or contractor travel to and from
the conference; and
(D) a discussion of the methodology used to determine which
costs relate to the conference; and
(4) a description of the contracting procedures used
including--
(A) whether contracts were awarded on a competitive basis;
and
(B) a discussion of any cost comparison conducted by the
departmental component or office in evaluating potential
contractors for the conference.
(c) Within 15 days after the end of a quarter, the head of
any such department, agency, board, commission, or office
shall notify the Inspector General or senior ethics official
for any entity without an Inspector General, of the date,
location, and number of employees attending a conference held
by any Executive branch department, agency, board,
commission, or office funded by this or any other
appropriations Act during fiscal year 2022 for which the cost
to the United States Government was more than $20,000.
(d) A grant or contract funded by amounts appropriated by
this or any other appropriations Act may not be used for the
purpose of defraying the costs of a conference described in
subsection (c) that is not directly and programmatically
related to the purpose for which the grant or contract was
awarded, such as a conference held in connection with
planning, training, assessment, review, or other routine
purposes related to a project funded by the grant or
contract.
(e) None of the funds made available in this or any other
appropriations Act may be used for travel and conference
activities that are not in compliance with Office of
Management and Budget Memorandum M-12-12 dated May 11, 2012
or any subsequent revisions to that memorandum.
Sec. 738. 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
[[Page H3991]]
change is made pursuant to the reprogramming or transfer
provisions of this or any other appropriations Act.
Sec. 739. 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. 740. 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. 741. (a) None of the funds appropriated or otherwise
made available by this or any other Act may be available for
a contract, grant, or cooperative agreement with an entity
that requires employees or contractors of such entity seeking
to report fraud, waste, or abuse to sign internal
confidentiality agreements or statements prohibiting or
otherwise restricting such employees or contractors from
lawfully reporting such waste, fraud, or abuse to a
designated investigative or law enforcement representative of
a Federal department or agency authorized to receive such
information.
(b) The limitation in subsection (a) shall not contravene
requirements applicable to Standard Form 312, Form 4414, or
any other form issued by a Federal department or agency
governing the nondisclosure of classified information.
Sec. 742. (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 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. 743. 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. 744. None of the funds made available by this or any
other Act may be used to enter into a contract, memorandum of
understanding, or cooperative agreement with, make a grant
to, or provide a loan or loan guarantee to, any corporation
that was convicted of a felony criminal violation under any
Federal law within the preceding 24 months, where the
awarding agency is aware of the conviction, unless a Federal
agency has considered suspension or debarment of the
corporation and has made a determination that this further
action is not necessary to protect the interests of the
Government.
Sec. 745. (a) During fiscal year 2022, on the date on which
a request is made for a transfer of funds in accordance with
section 1017 of Public Law 111-203, the Bureau of Consumer
Financial Protection shall notify the Committees on
Appropriations of the House of Representatives and the
Senate, the Committee on Financial Services of the House of
Representatives, and the Committee on Banking, Housing, and
Urban Affairs of the Senate of such request.
(b) Any notification required by this section shall be made
available on the Bureau's public Web site.
Sec. 746. (a) Notwithstanding the official rate adjusted
under section 104 of title 3, United States Code, the rate
payable to the Vice President during calendar year 2022 shall
be the rate payable to the Vice President on December 31,
2021, by operation of section 748 of division E of Public Law
116-260.
(b) Notwithstanding the 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 pay rate increase
during calendar year 2022, except as provided in subsection
(i).
(c) Notwithstanding section 401 of the Foreign Service Act
of 1980 (Public Law 96-465) or any other provision of law, a
chief of mission or ambassador at large is subject to
subsection (b) in the same manner as other employees who are
paid at an Executive Schedule rate.
(d)(1) This subsection applies to--
(A) a noncareer appointee in the Senior Executive Service
paid a rate of basic pay at or above the official rate for
level IV of the Executive Schedule; or
(B) a limited term appointee or limited emergency appointee
in the Senior Executive Service serving under a political
appointment and paid a rate of basic pay at or above the
official rate for level IV of the Executive Schedule.
(2) Notwithstanding sections 5382 and 5383 of title 5,
United States Code, an employee described in paragraph (1)
may not receive a pay rate increase during calendar year
2022, except as provided in subsection (i).
(e) Notwithstanding any other provision of law, any
employee paid a rate of basic pay (including any locality-
based payments under section 5304 of title 5, United States
Code, or similar authority) at or above the official rate for
level IV of the Executive Schedule who serves under a
political appointment may not receive a pay rate increase
during calendar year 2022, except as provided in subsection
(i). This subsection does not apply to employees in the
General Schedule pay system or the Foreign Service pay
system, to employees appointed under section 3161 of title 5,
United States Code, or to employees in another pay system
whose position would be classified at GS-15 or below if
chapter 51 of title 5, United States Code, applied to them.
(f) Nothing in subsections (b) through (e) shall prevent
employees who do not serve under a political appointment from
receiving pay increases as otherwise provided under
applicable law.
(g) This section does not apply to an individual who makes
an election to retain Senior Executive Service basic pay
under section 3392(c) of title 5, United States Code, for
such time as that election is in effect.
(h) This section does not apply to an individual who makes
an election to retain Senior Foreign Service pay entitlements
under section 302(b) of the Foreign Service Act of 1980
(Public Law 96-465) for such time as that election is in
effect.
(i) Notwithstanding subsections (b) through (e), an
employee in a covered position may receive a pay rate
increase upon an authorized movement to a different covered
position only if that new position has higher-level duties
and a pre-established level or range of pay higher than the
level or range for the position held immediately before the
movement. Any such increase must be based on the rates of pay
and applicable limitations on payable rates of pay in effect
on December 31, 2021, by operation of section 748 of division
E of Public Law 116-260.
(j) Notwithstanding any other provision of law, for an
individual who is newly appointed to a covered position
during the period of time subject to this section, the
initial pay rate shall be based on the rates of pay and
applicable limitations on payable rates of pay in effect on
December 31, 2021, by operation of section 748 of division E
of Public Law 116-260.
(k) If an employee affected by this section is subject to a
biweekly pay period that begins in calendar year 2022 but
ends in calendar year 2023, the bar on the employee's receipt
of pay rate increases shall apply through the end of that pay
period.
(l) For the purpose of this section, the term ``covered
position'' means a position occupied by an employee whose pay
is restricted under this section.
(m) This section takes effect on the first day of the first
applicable pay period beginning on or after January 1, 2022.
Sec. 747. During the current fiscal year-- (a) with
respect to budget authority proposed to be rescinded or that
is set to be reserved or proposed to be deferred in a special
message transmitted under section 1012 or 1013 of the
Congressional Budget and Impoundment Control Act of 1974,
such budget authority--
(1) shall be made available for obligation in sufficient
time to be prudently obligated as required under section
1012(b) or 1013 of such Act; and
(2) may not be deferred or otherwise withheld from
obligation during the 90-day period before the expiration of
the period of availability of such budget authority,
including, if applicable, the 90-day period before the
expiration of an initial period of availability for which
such budget authority was provided.
(b) With respect to an apportionment of an appropriation
made pursuant to section 1513(b) of title 31, United States
Code, an appropriation (as that term is defined in section
1511 of title 31, United States Code) shall be apportioned--
(1) to make available all amounts for obligation in
sufficient time to be prudently obligated; and
(2) to make available all amounts for obligation, without
precondition (including footnotes)
[[Page H3992]]
that shall be met prior to obligation, not later than 90 days
before the expiration of the period of availability of such
appropriation, including, if applicable, 90 days before the
expiration of an initial period of availability for which
such appropriation was provided.
(c) As used in this section, the term ``budget authority''
includes budget authority made available by this or any other
Act, by prior appropriations Acts, or by any law other than
an appropriations Act.
(d)(1) The Comptroller General shall review compliance with
this section and shall submit to the Committees on
Appropriations and the Budget, and any other appropriate
congressional committees of the House of Representatives and
Senate a report, and any relevant information related to the
report, on any noncompliance with this section or the
Impoundment Control Act of 1974.
(2) The President or the head of the relevant department or
agency of the United States shall provide information,
documentation, and views to the Comptroller General, as is
determined by the Comptroller General to be necessary to
determine such compliance, not later than 20 days after the
date on which the request from the Comptroller General is
received, or if the Comptroller General determines that a
shorter or longer period is appropriate based on the specific
circumstances, within such shorter or longer period.
(3) To carry out the responsibilities of this section and
the Impoundment Control Act of 1974, the Comptroller General
shall also have access to interview the officers, employees,
contractors, and other agents and representatives of a
department, agency, or office of the United States at any
reasonable time as the Comptroller General may request.
(e)(1) An officer or employee of the Executive Branch of
the United States Government violating this section shall be
subject to appropriate administrative discipline including,
when circumstances warrant, suspension from duty without pay
or removal from office.
(2) In the event of a violation of this section or the
Impoundment Control Act of 1974, or in the case that the
Government Accountability Office issues a legal decision
concluding that a department, agency, or office of the United
States violated this section or the Impoundment Control Act
of 1974, the President or the head of the relevant department
or agency as the case may be, shall report immediately to the
Congress all relevant facts and a statement of actions taken:
Provided, That a copy of each report shall also be
transmitted to the Comptroller General and the relevant
inspector general on the same date the report is transmitted
to the Congress.
(3) Any such report shall include a summary of the facts
pertaining to the violation, the title and Treasury
Appropriation Fund Symbol of the appropriation or fund
account, the amount involved for each violation, the date on
which the violation occurred, the position of any individuals
responsible for the violation, a statement of the
administrative discipline imposed and any further action
taken with respect to any officer or employee involved in the
violation, a statement of any additional action taken to
prevent recurrence of the same type of violation, and any
written response by any officer or employee identified by
position as involved in the violation: Provided, That in the
case that the Government Accountability Office issues a legal
decision concluding that a department, agency, or office of
the United States violated this section and the relevant
department, agency, or office does not agree that a violation
has occurred, the report provided to Congress, the
Comptroller General, and relevant inspector general will
explain such department, agency, or office's position.
Sec. 748. (a) If an executive agency or the District of
Columbia government receives a written request for
information, documentation, or views from the Government
Accountability Office relating to a decision or opinion on
budget or appropriations law, the executive agency or the
District of Columbia government shall provide the requested
information, documentation, or views not later than 20 days
after receiving the written request, unless such written
request specifically provides otherwise.
(b) If an executive agency or the District of Columbia
government fails to respond to the request for information,
documentation, or views within the time required by this
section--
(1) the Comptroller General shall notify, in writing, the
Committee on Oversight and Reform of the House of
Representatives, the Committee on Homeland Security and
Governmental Affairs of the Senate, and any other appropriate
congressional committee of the House of Representatives and
the Senate of such failure; and
(2) the Comptroller General is hereby expressly empowered,
through attorneys of their own selection, to bring a civil
action in the United States District Court for the District
of Columbia to require such information, documentation, or
views to be produced, and such court is expressly empowered
to enter in such civil action, against any department,
agency, officer, or employee of the United States, any
decree, judgment, or order which may be necessary or
appropriate to require such production.
(c) If the Government Accountability Office determines that
an officer or employee of an executive agency or an officer
or employee of the District of Columbia government has
violated section 1341(a), 1342, or 1517(a) of title 31,
United States Code, the head of the agency or the Mayor of
the District of Columbia, as the case may be, shall report
immediately to the President and Congress all relevant facts
and a statement of actions taken: Provided, That a copy of
each report shall also be transmitted to the Comptroller
General on the same date the report is transmitted to the
President and Congress: Provided further, That in the case
that the Government Accountability Office issues a legal
decision concluding that section 1341(a), 1342, or 1517(a) of
title 31, United States Code was violated, and the executive
agency or District of Columbia government, as applicable,
does not agree that a violation has occurred, the report
provided to the President, the Congress, and the Comptroller
General will explain its position.
(d) The report required by subsection (c) and any report
required by section 1351 or section 1517(b) of title 31,
United States Code, shall include a summary of the facts
pertaining to the violation, the title and Treasury
Appropriation Fund Symbol of the appropriation or fund
account, the amount involved for each violation, the date on
which the violation occurred, the position of any officer or
employee responsible for the violation, a statement of the
administrative discipline imposed and any further action
taken with respect to any officer or employee involved in the
violation, a statement of any additional action taken to
prevent recurrence of the same type of violation, a statement
of any determination that the violation was not knowing and
willful that has been made by the executive agency or
District of Columbia government, and any written response by
any officer or employee identified by position as involved in
the violation.
Sec. 749. (a) Each department or agency of the executive
branch of the United States Government shall notify the
Committees on Appropriations and the Budget of the House of
Representatives and the Senate and any other appropriate
congressional committees if--
(1) an apportionment is not made in the required time
period provided in section 1513(b) of title 31, United States
Code;
(2) an approved apportionment received by the department or
agency conditions the availability of an appropriation on
further action; or
(3) an approved apportionment received by the department or
agency may hinder the prudent obligation of such
appropriation or the execution of a program, project, or
activity by such department or agency.
(b) Any notification submitted to a congressional committee
pursuant to this section shall contain information
identifying the bureau, account name, appropriation name, and
Treasury Appropriation Fund Symbol or fund account.
Sec. 750. None of the funds made available by this or any
other Act may be used to prevent Federal workers from--
(1) using official time for union activities;
(2) teleworking for telework deemed positions or when the
health or safety of an employee is in question; or
(3) using space in Federal buildings for union activities.
Sec. 751. (a) Establishment.--There is hereby established
the Commission on Federal Naming and Displays (hereafter
referred to as the ``Commission'').
(b) Duties.--
(1) Development of list.--Not later than 180 days after the
day by which all of its members have been appointed, the
Commission, with input from the general public, shall develop
and publish a list of property names, monuments, statues,
public artworks, historical markers, and other symbols owned
by the Federal government or located on property owned by the
Federal government (including the legislative branch and the
judicial branch) which the Commission identifies as
inconsistent with the values of diversity, equity, and
inclusion, including those that do not represent the
demographic diversity and history of the community.
(2) Recommendations.--Not later than 180 days after
publishing the list under paragraph (1), and after holding
not fewer than two public meetings, the Commission shall
submit to the President and Congress a report containing the
following information:
(A) A recommendation regarding whether each property name,
monument, statue, public artwork, historical marker, or other
symbol on the list developed under paragraph (1) should
remain unchanged or should be renamed or removed.
(B) Supporting materials and context information for each
recommendation under subparagraph (A).
(C) Such other recommendations as the Commission may
consider appropriate, including recommendations for
educational programs, supplemental historical markers, or
other activities to promote diversity, equity, and inclusion
and to promote national reconciliation.
(3) Separate views of members.--The Commission may include
in the report submitted under paragraph (2) supplemental or
dissenting recommendations from individual members of the
Commission.
(c) Membership.--
(1) Appointment.--The Commission shall consist of the
following:
(A) Two members appointed by the President.
(B) Two members appointed by the Speaker of the House of
Representatives.
(C) Two members appointed by the Majority Leader of the
Senate.
(D) One member appointed by the Minority Leader of the
House of Representatives.
(E) One member appointed by the Minority Leader of the
Senate.
(F) Each of the following individuals:
(i) The Secretary of the Smithsonian Institution.
(ii) The Historian of the House of Representatives.
(iii) The Historian of the Senate.
(2) Qualifications.--Each member of the Commission
appointed under subparagraphs (A) through (E) of paragraph
(1) shall have 10 or more years of educational and
professional experience in one or more of the following
disciplines:
(A) History.
(B) Art and antiquities.
[[Page H3993]]
(C) Historic preservation.
(D) Cultural heritage.
(E) Education.
(3) No compensation for service; travel expenses.--Members
of the Commission shall serve without pay, but each member
shall receive travel expenses, including per diem in lieu of
subsistence, in accordance with applicable provisions under
subchapter I of chapter 57 of title 5, United States Code.
(4) Deadline for appointment.--The members of the
Commission shall be appointed not later than 45 days after
the date of the enactment of this Act.
(5) Co-chairs.--Not later than 10 days after the first
meeting of the Commission, the members of the Commission
shall select two co-chairs from among the members.
(d) Powers.--
(1) Hearings and sessions.--The Commission may, for the
purpose of carrying out this Act, hold hearings, sit and act
at times and places, take testimony, and receive evidence as
the Commission considers appropriate, except that the
Commission shall hold its initial meeting not later than 10
days after the day by which all of its members have been
appointed.
(2) Obtaining official data.--The Commission may secure
directly from any department or agency of the United States
information necessary to enable it to carry out its duties.
Upon request of the Commission, the head of that department
or agency shall furnish that information to the Commission.
(3) Mails.--The Commission may use the United States mails
in the same manner and under the same conditions as other
departments and agencies of the United States.
(4) Administrative support services.--Upon the request of
the Commission, the Librarian of Congress shall provide to
the Commission, on a reimbursable basis, the administrative
support services necessary for the Commission to carry out
its duties.
(5) Staff of federal agencies.--Upon the request of the
Commission, the head of any Federal department or agency may
detail any of the personnel of that department or agency to
the Commission to assist it in carrying out its duties. Any
personnel detailed to the Commission under this paragraph may
receive travel expenses, including per diem in lieu of
subsistence, in accordance with applicable provisions under
subchapter I of chapter 57 of title 5, United States Code.
(6) Contract authority.--The Commission may contract with
and compensate government and private agencies or persons for
goods and services, without regard to section 6101 of title
41, United States Code.
(e) Funding.--There is appropriated to carry out this
section $1,500,000, to remain available until expended.
(f) Termination.--The Commission shall terminate 60 days
after submitting the report under subsection (b)(2).
Sec. 752. 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. 753. Section 15010(a)(6) of division B of the
Coronavirus Aid, Relief, and Economic Security Act (Public
Law 116-136) is amended--
(1) in subparagraph (D), by striking ``or'';
(2) in subparagraph (E), by striking ``; and'' and
inserting ``; or''; and
(3) by inserting after subparagraph (E), the following:
``(F) the American Rescue Plan Act of 2021 (Public Law 117-
2); and''.
Sec. 754. (a) As a condition of 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 that is included in the report or
explanatory statement accompanying any such Act, any non-
Federal entity shall, to the extent practicable--
(1) retain until the date that is 3 years after the date on
which such entity has expended such funds any records related
to the planned or actual obligation or expenditure of such
funds, and make available any such records to the Comptroller
General of the United States, upon request; and
(2) subject to reasonable advance notification by the
Comptroller General--
(A) make available to the Comptroller General or their
designee for interview, any officers, employees, or staff of
such entity involved in the obligation or expenditure of such
funds; and
(B) grant access to the Comptroller General or their
designee for inspection, any facilities, work sites, offices,
or other locations, as the Comptroller General deems
necessary, at which the individuals referenced in
subparagraph (A) carry out their responsibilities related to
such funds. The Comptroller General may make and retain
copies of these records as the Comptroller General determines
necessary.
(b) Access, rights, and authority provided to the
Comptroller General or their designee under this section
shall be in addition to any other authority vested in the
Comptroller General, and nothing in this section shall be
construed to limit, amend, supersede, or restrict in any
manner any existing authority of the Comptroller General.
Sec. 755. (a) Except as provided in subsection (b), none of
the funds made available by this Act may be used to purchase
remote computing services except remote computing services
determined by the Government to--
(1) not store or transmit images which depict apparent
violations of section 2251, 2251A, 2252, 2252A, 2252B, or
2260 of title 18, United States Code, with respect to child
pornography; and
(2) comply with the reporting requirements under section
2258A of such title for such violations.
(b) The limitation in subsection (a) shall not apply to
such services used for bona fide law enforcement actions.
Sec. 756. 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
Sec. 801. None of the Federal funds provided under this
Act to the agencies funded by this Act, both Federal and
District government agencies, that remain available for
obligation or expenditure in fiscal year 2022, or provided
from any accounts in the Treasury of the United States
derived by the collection of fees available to the agencies
funded by this Act, shall be available for obligation or
expenditures for an agency through a reprogramming of funds
which--
(1) creates new programs;
(2) eliminates a program, project, or responsibility
center;
(3) establishes or changes allocations specifically denied,
limited or increased under this Act;
(4) increases funds or personnel by any means for any
program, project, or responsibility center for which funds
have been denied or restricted;
(5) re-establishes any program or project previously
deferred through reprogramming;
(6) augments any existing program, project, or
responsibility center through a reprogramming of funds in
excess of $3,000,000 or 10 percent, whichever is less; or
(7) increases by 20 percent or more personnel assigned to a
specific program, project or responsibility center,
unless prior approval is received from the Committees on
Appropriations of the House of Representatives and the
Senate.
Sec. 802. 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. 803. Except as otherwise specifically provided by law
or under this Act, not to exceed 50 percent of unobligated
balances remaining available at the end of fiscal year 2022
from appropriations of Federal funds made available for
salaries and expenses for fiscal year 2022 in this Act, shall
remain available through September 30, 2023, for each such
account for the purposes authorized: Provided, That a
request shall be submitted to the Committees on
Appropriations of the House of Representatives and the Senate
for approval prior to the expenditure of such funds:
Provided further, That these requests shall be made in
compliance with reprogramming guidelines outlined in section
801 of this Act.
Sec. 804. (a)(1) During fiscal year 2023, during a period
in which neither a District of Columbia continuing resolution
or a regular District of Columbia appropriation bill is in
effect, local funds are appropriated in the amount provided
for any project or activity for which local funds are
provided in the Act referred to in paragraph (2) (subject to
any modifications enacted by the District of Columbia as of
the beginning of the period during which this subsection is
in effect) at the rate set forth by such Act.
(2) The Act referred to in this paragraph is the Act of the
Council of the District of Columbia pursuant to which a
proposed budget is approved for fiscal year 2023 which
(subject to the requirements of the District of Columbia Home
Rule Act) will constitute the local portion of the annual
budget for the District of Columbia government for fiscal
year 2023 for purposes of section 446 of the District of
Columbia Home Rule Act (sec. 1-204.46, D.C. Official Code).
(b) Appropriations made by subsection (a) shall cease to be
available--
(1) during any period in which a District of Columbia
continuing resolution for fiscal year 2023 is in effect; or
(2) upon the enactment into law of the regular District of
Columbia appropriation bill for fiscal year 2023.
(c) An appropriation made by subsection (a) is provided
under the authority and conditions as provided under this Act
and shall be available to the extent and in the manner that
would be provided by this Act.
(d) An appropriation made by subsection (a) shall cover all
obligations or expenditures incurred for such project or
activity during the portion of fiscal year 2023 for which
this section applies to such project or activity.
(e) This section shall not apply to a project or activity
during any period of fiscal year 2023 if any other provision
of law (other than an authorization of appropriations)--
(1) makes an appropriation, makes funds available, or
grants authority for such project or activity to continue for
such period; or
(2) specifically provides that no appropriation shall be
made, no funds shall be made available, or no authority shall
be granted for such project or activity to continue for such
period.
(f) Nothing in this section shall be construed to affect
obligations of the government of the District of Columbia
mandated by other law.
Sec. 805. (a) Section 3(c)(2)(G) of the District of
Columbia College Access Act of 1999 (sec. 38-2702(c)(2)(G),
D.C. Official Code) is amended to read as follows:
``(G) is from a family with a taxable annual income of less
than the applicable family income limit, as defined in
paragraph (7).''.
(b) Section 3(c) of such Act (sec. 38-2702(c), D.C.
Official Code) is amended by adding at the end the following
new paragraph:
[[Page H3994]]
``(7) Applicable family income limit.--The term `applicable
family income limit' means, with respect to an individual,
the following:
``(A) In the case of an individual who began an
undergraduate course of study prior to school year 2015-2016,
$1,000,000.
``(B) In the case of an individual who begins an
undergraduate course of study in school year 2016-2017,
$750,000.
``(C) In the case of an individual who begins an
undergraduate course of study in school year 2017-2018 or
school year 2018-2019, the applicable family income limit
under this paragraph for an individual who began an
undergraduate course of study in the previous school year,
adjusted by the Mayor for inflation, as measured by the
percentage increase, if any, from the preceding fiscal year
in the Consumer Price Index for All Urban Consumers,
published by the Bureau of Labor Statistics of the Department
of Labor.
``(D) In the case of an individual who begins an
undergraduate course of study in school year 2019-2020,
$500,000.
``(E) In the case of an individual who begins an
undergraduate course of study in school year 2020-2021, the
amount described in subparagraph (D), adjusted by the Mayor
for inflation, as measured by the percentage increase, if
any, from the preceding fiscal year in the Consumer Price
Index for All Urban Consumers, published by the Bureau of
Labor Statistics of the Department of Labor.
``(F) In the case of an individual who begins an
undergraduate course of study in school year 2021-2022,
$750,000.
``(G) In the case of an individual who begins an
undergraduate course of study in school year 2022-2023 or any
succeeding school year, the applicable family income limit
under this paragraph for an individual who began an
undergraduate course of study in the previous school year,
adjusted by the Mayor for inflation, as measured by the
percentage increase, if any, from the preceding fiscal year
in the Consumer Price Index for All Urban Consumers,
published by the Bureau of Labor Statistics of the Department
of Labor.''.
(c) The amendments made by this section shall take effect
as if included in the enactment of the Financial Services and
General Government Appropriations Act, 2019 (division D of
Public Law 116-6).
Sec. 806. 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. 807. (a) Section 244 of the Revised Statutes of the
United States relating to the District of Columbia (sec. 9-
1201.03, D.C. Official Code) does not apply with respect to
any railroads installed pursuant to the Long Bridge Project.
(b) In this section, the term ``Long Bridge Project'' means
the project carried out by the District of Columbia and the
Commonwealth of Virginia to construct a new Long Bridge
adjacent to the existing Long Bridge over the Potomac River,
including related infrastructure and other related projects,
to expand commuter and regional passenger rail service and to
provide bike and pedestrian access crossings over the Potomac
River.
Sec. 808. No services may be made available in accordance
with section 740(a) of the District of Columbia Home Rule Act
(sec. 1-207.40(a), D.C. Official Code) at any time during
fiscal year 2022.
Sec. 809. Section 3 of the District of Columbia College
Access Act of 1999 (sec.38-2702, D.C. Official Code), is
amended--
(1) in subsection (a)(2)(A), by striking ``$10,000'' and
inserting ``$15,000'';
(2) in subsection (a)(2)(B), by striking ``$50,000'' and
inserting ``$75,000'';
(3) in subsection (b)(1)(A), by striking ``and'' at the
end;
(4) in subsection (b)(1), by redesignating subparagraph (B)
as subparagraph (C) and inserting after subparagraph (A) the
following new subparagraph; ``(B) after making reductions
under subparagraph (A), ratably reduce the amount of the
tuition and fee payment of each eligible student who receives
more than $10,000 for the award year; and''; and
(5) in subparagraph (C) of subsection (b)(1), as so
redesignated, by striking ``subparagraph (A)'' and inserting
``subparagraphs (A) and (B)''.
Sec. 810. Except as expressly provided otherwise, any
reference to ``this Act'' contained in this title or in title
IV shall be treated as referring only to the provisions of
this title or of title IV.
This division may be cited as the ``Financial Services and
General Government Appropriations Act, 2022''.
DIVISION E--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
(including transfer of funds)
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)), $1,458,414,000, to remain available until September
30, 2023; of which $78,724,000 for annual and deferred
maintenance and $162,093,000 for the wild horse and burro
program, as authorized by Public Law 92-195 (16 U.S.C. 1331
et seq.), shall remain available until expended: Provided,
That amounts in the fee account of the BLM Permit Processing
Improvement Fund may be used for any bureau-related expenses
associated with the processing of oil and gas applications
for permits to drill and related use of authorizations:
Provided further, That the Bureau of Land Management may
accept transfers of funds from U.S. Customs and Border
Protection for mitigation activities, including land
acquisition, related to construction of border barriers on
Federal lands.
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 $1,458,414,000, and $2,000,000, to remain
available until expended, from communication site rental fees
established by the Bureau for the cost of administering
communication site activities.
oregon and california grant lands
For expenses necessary for management, protection, and
development of resources and for construction, operation, and
maintenance of access roads, reforestation, and other
improvements on the revested Oregon and California Railroad
grant lands, on other Federal lands in the Oregon and
California land-grant counties of Oregon, and on adjacent
rights-of-way; and acquisition of lands or interests therein,
including existing connecting roads on or adjacent to such
grant lands; $124,471,000, to remain available until
expended: Provided, That 25 percent of the aggregate of all
receipts during the current fiscal year from the revested
Oregon and California Railroad grant lands is hereby made a
charge against the Oregon and California land-grant fund and
shall be transferred to the General Fund in the Treasury in
accordance with the second paragraph of subsection (b) of
title II of the Act of August 28, 1937 (43 U.S.C. 2605).
range improvements
For rehabilitation, protection, and acquisition of lands
and interests therein, and improvement of Federal rangelands
pursuant to section 401 of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1751), notwithstanding any
other Act, sums equal to 50 percent of all moneys received
during the prior fiscal year under sections 3 and 15 of the
Taylor Grazing Act (43 U.S.C. 315b, 315m) and the amount
designated for range improvements from grazing fees and
mineral leasing receipts from Bankhead-Jones lands
transferred to the Department of the Interior pursuant to
law, but not less than $10,000,000, to remain available until
expended: Provided, That not to exceed $600,000 shall be
available for administrative expenses.
service charges, deposits, and forfeitures
For administrative expenses and other costs related to
processing application documents and other authorizations for
use and disposal of public lands and resources, for costs of
providing copies of official public land documents, for
monitoring construction, operation, and termination of
facilities in conjunction with use authorizations, and for
rehabilitation of damaged property, such amounts as may be
collected under Public Law 94-579 (43 U.S.C. 1701 et seq.),
and under section 28 of the Mineral Leasing Act (30 U.S.C.
185), to remain available until expended: Provided, That
notwithstanding any provision to the contrary of section
305(a) of Public Law 94-579 (43 U.S.C. 1735(a)), any moneys
that have been or will be received pursuant to that section,
whether as a result of forfeiture, compromise, or settlement,
if not appropriate for refund pursuant to section 305(c) of
that Act (43 U.S.C. 1735(c)), shall be available and may be
expended under the authority of this Act by the Secretary of
the Interior to improve, protect, or rehabilitate any public
lands administered through the Bureau of Land Management
which have been damaged by the action of a resource
developer, purchaser, permittee, or any unauthorized person,
without regard to whether all moneys collected from each such
action are used on the exact lands damaged which led to the
action: Provided further, That any such moneys that are in
excess of amounts needed to repair damage to the exact land
for which funds were collected may be used to repair other
damaged public lands.
miscellaneous trust funds
In addition to amounts authorized to be expended under
existing laws, there is hereby appropriated such amounts as
may be contributed under section 307 of Public Law 94-579 (43
U.S.C. 1737), and such amounts as may be advanced for
administrative costs, surveys, appraisals, and costs of
making conveyances of omitted lands under section 211(b) of
that Act (43 U.S.C. 1721(b)), to remain available until
expended.
administrative provisions
The Bureau of Land Management may carry out the operations
funded under this Act by direct expenditure, contracts,
grants, cooperative agreements, and reimbursable agreements
with public and private entities, including with States.
Appropriations for the Bureau shall be available for
purchase, erection, and dismantlement of temporary
structures, and alteration and maintenance of necessary
buildings and appurtenant facilities to which the United
States
[[Page H3995]]
has title; up to $100,000 for payments, at the discretion of
the Secretary, for information or evidence concerning
violations of laws administered by the Bureau; miscellaneous
and emergency expenses of enforcement activities authorized
or approved by the Secretary and to be accounted for solely
on the Secretary's certificate, not to exceed $10,000:
Provided, That notwithstanding Public Law 90-620 (44 U.S.C.
501), the Bureau may, under cooperative cost-sharing and
partnership arrangements authorized by law, procure printing
services from cooperators in connection with jointly produced
publications for which the cooperators share the cost of
printing either in cash or in services, and the Bureau
determines the cooperator is capable of meeting accepted
quality standards: Provided further, That projects to be
funded pursuant to a written commitment by a State government
to provide an identified amount of money in support of the
project may be carried out by the Bureau on a reimbursable
basis.
United States Fish and Wildlife Service
resource management
(including transfer of funds)
For necessary expenses of the United States Fish and
Wildlife Service, as authorized by law, and for scientific
and economic studies, general administration, and for the
performance of other authorized functions related to such
resources, $1,651,795,000 to remain available until September
30, 2023: Provided, That not to exceed $22,279,000 shall be
used for implementing subsections (a), (b), (c), and (e) of
section 4 of the Endangered Species Act of 1973 (16 U.S.C.
1533) (except for processing petitions, developing and
issuing proposed and final regulations, and taking any other
steps to implement actions described in subsection (c)(2)(A),
(c)(2)(B)(i), or (c)(2)(B)(ii)): Provided further, That the
United States Fish and Wildlife Service may accept transfers
of funds from U.S. Customs and Border Protection for
mitigation activities, including land acquisition, related to
construction of border barriers on Federal lands.
construction
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; $34,620,000, to remain available until
expended.
cooperative endangered species conservation fund
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, of which $24,064,000 is
to be derived from the Cooperative Endangered Species
Conservation Fund.
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.), $50,000,000, to remain available until expended.
neotropical migratory bird conservation
For expenses necessary to carry out the Neotropical
Migratory Bird Conservation Act (16 U.S.C. 6101 et seq.),
$6,500,000, 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.), $22,000,000, 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, $82,362,000, to remain
available until expended: Provided, That of the amount
provided herein, $8,000,000 is for a competitive grant
program for Indian tribes not subject to the remaining
provisions of this appropriation: Provided further, That
$10,362,000 is for a competitive grant program to implement
approved plans for States, territories, and other
jurisdictions and at the discretion of affected States, the
regional Associations of fish and wildlife agencies, not
subject to the remaining provisions of this appropriation:
Provided further, That the Secretary shall, after deducting
$18,362,000 and administrative expenses, apportion the amount
provided herein in the following manner: (1) to the District
of Columbia and to the Commonwealth of Puerto Rico, each a
sum equal to not more than one-half of 1 percent thereof; and
(2) to Guam, American Samoa, the United States Virgin
Islands, and the Commonwealth of the Northern Mariana
Islands, each a sum equal to not more than one-fourth of 1
percent thereof: Provided further, That the Secretary of the
Interior shall apportion the remaining amount in the
following manner: (1) one-third of which is based on the
ratio to which the land area of such State bears to the total
land area of all such States; and (2) two-thirds of which is
based on the ratio to which the population of such State
bears to the total population of all such States: Provided
further, That the amounts apportioned under this paragraph
shall be adjusted equitably so that no State shall be
apportioned a sum which is less than 1 percent of the amount
available for apportionment under this paragraph for any
fiscal year or more than 5 percent of such amount: Provided
further, That the Federal share of planning grants shall not
exceed 75 percent of the total costs of such projects and the
Federal share of implementation grants shall not exceed 65
percent of the total costs of such projects: Provided
further, That the non-Federal share of such projects may not
be derived from Federal grant programs: Provided further,
That any amount apportioned in 2022 to any State, territory,
or other jurisdiction that remains unobligated as of
September 30, 2023, shall be reapportioned, together with
funds appropriated in 2024, in the manner provided herein.
administrative provisions
The United States Fish and Wildlife Service may carry out
the operations of Service programs by direct expenditure,
contracts, grants, cooperative agreements and reimbursable
agreements with public and private entities. Appropriations
and funds available to the United States Fish and Wildlife
Service shall be available for repair of damage to public
roads within and adjacent to reservation areas caused by
operations of the Service; options for the purchase of land
at not to exceed one dollar for each option; facilities
incident to such public recreational uses on conservation
areas as are consistent with their primary purpose; and the
maintenance and improvement of aquaria, buildings, and other
facilities under the jurisdiction of the Service and to which
the United States has title, and which are used pursuant to
law in connection with management, and investigation of fish
and wildlife resources: Provided, That notwithstanding 44
U.S.C. 501, the Service may, under cooperative cost sharing
and partnership arrangements authorized by law, procure
printing services from cooperators in connection with jointly
produced publications for which the cooperators share at
least one-half the cost of printing either in cash or
services and the Service determines the cooperator is capable
of meeting accepted quality standards: Provided further,
That the Service may accept donated aircraft as replacements
for existing aircraft: Provided further, That
notwithstanding 31 U.S.C. 3302, all fees collected for non-
toxic shot review and approval shall be deposited under the
heading ``United States Fish and Wildlife Service--Resource
Management'' and shall be available to the Secretary, without
further appropriation, to be used for expenses of processing
of such non-toxic shot type or coating applications and
revising regulations as necessary, and shall remain available
until expended.
National Park Service
operation of the national park system
(including transfer of funds)
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, $2,965,756,000, to remain
available until September 30, 2023, of which $11,452,000
shall be for planning and interagency coordination in support
of Everglades restoration and $135,980,000 shall be for
maintenance, repair, or rehabilitation projects for
constructed assets and $188,184,000 shall be for cyclic
maintenance projects for constructed assets and cultural
resources and $5,000,000 shall be for uses authorized by
section 101122 of title 54, United States Code: 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), as amended, $3,300,000
of the funds provided under this heading shall be made
available for the purposes specified by that Act: Provided
further, That section 7(b) and 8 of that Act shall be amended
by striking ``July 1, 2022'' and inserting ``July 1, 2023'':
Provided further, That the National Park Service may accept
transfers of funds from U.S. Customs and Border Protection
for mitigation activities, including land acquisition,
related to construction of border barriers on Federal lands.
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, $80,410,000, to remain available until
September 30, 2023.
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), $155,800,000, to be derived
from the Historic Preservation Fund and to remain available
until September 30, 2023, of which $30,000,000 shall be for
Save America's Treasures grants for preservation of
nationally significant sites, structures and artifacts as
authorized by section 7303 of the Omnibus Public Land
Management Act of 2009 (54 U.S.C. 3089): Provided, That an
individual Save America's Treasures grant shall be matched by
non-Federal funds: Provided further, That individual
projects shall only be eligible for one grant: Provided
further, That all projects to be funded shall be approved by
the Secretary of the Interior in consultation with the House
and Senate Committees on Appropriations: Provided further,
That of the funds provided for the Historic Preservation
Fund,
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$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; $7,500,000 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: 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,
$252,613,000, to remain available until expended: Provided,
That notwithstanding any other provision of law, for any
project initially funded in fiscal year 2022 with a future
phase indicated in the National Park Service 5-Year Line Item
Construction Plan, a single procurement may be issued which
includes the full scope of the project: Provided further,
That the solicitation and contract shall contain the clause
availability of funds found at 48 CFR 52.232-18: Provided
further, That National Park Service Donations, Park
Concessions Franchise Fees, and Recreation Fees may be made
available for the cost of adjustments and changes within the
original scope of effort for projects funded by the National
Park Service Construction appropriation: Provided further,
That the Secretary of the Interior shall consult with the
Committees on Appropriations, in accordance with current
reprogramming thresholds, prior to making any charges
authorized by this section.
centennial challenge
For expenses necessary to carry out the provisions of
section 101701 of title 54, United States Code, relating to
challenge cost share agreements, $15,000,000, to remain
available until expended, for Centennial Challenge projects
and programs: Provided, That not less than 50 percent of the
total cost of each project or program shall be derived from
non-Federal sources in the form of donated cash, assets, or a
pledge of donation guaranteed by an irrevocable letter of
credit.
administrative provisions
(including transfer of funds)
In addition to other uses set forth in section 101917(c)(2)
of title 54, United States Code, franchise fees credited to a
sub-account shall be available for expenditure by the
Secretary, without further appropriation, for use at any unit
within the National Park System to extinguish or reduce
liability for Possessory Interest or leasehold surrender
interest. Such funds may only be used for this purpose to the
extent that the benefitting unit anticipated franchise fee
receipts over the term of the contract at that unit exceed
the amount of funds used to extinguish or reduce liability.
Franchise fees at the benefitting unit shall be credited to
the sub-account of the originating unit over a period not to
exceed the term of a single contract at the benefitting unit,
in the amount of funds so expended to extinguish or reduce
liability.
For the costs of administration of the Land and Water
Conservation Fund grants authorized by section 105(a)(2)(B)
of the Gulf of Mexico Energy Security Act of 2006 (Public Law
109-432), the National Park Service may retain up to 3
percent of the amounts which are authorized to be disbursed
under such section, such retained amounts to remain available
until expended.
National Park Service funds may be transferred to the
Federal Highway Administration (FHWA), Department of
Transportation, for purposes authorized under 23 U.S.C. 203.
Transfers may include a reasonable amount for FHWA
administrative support costs.
United States Geological Survey
surveys, investigations, and research
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; $1,642,437,000, to
remain available until September 30, 2023; of which
$84,788,000 shall remain available until expended for
satellite operations; and of which $84,664,000 shall be
available until expended for deferred maintenance and capital
improvement projects that exceed $100,000 in cost: Provided,
That none of the funds provided for the ecosystem research
activity shall be used to conduct new surveys on private
property, unless specifically authorized in writing by the
property owner: Provided further, That no part of this
appropriation shall be used to pay more than one-half the
cost of topographic mapping or water resources data
collection and investigations carried on in cooperation with
States and municipalities.
administrative provisions
From within the amount appropriated for activities of the
United States Geological Survey such sums as are necessary
shall be available for contracting for the furnishing of
topographic maps and for the making of geophysical or other
specialized surveys when it is administratively determined
that such procedures are in the public interest; construction
and maintenance of necessary buildings and appurtenant
facilities; acquisition of lands for gauging stations,
observation wells, and seismic equipment; expenses of the
United States National Committee for Geological Sciences; and
payment of compensation and expenses of persons employed by
the Survey duly appointed to represent the United States in
the negotiation and administration of interstate compacts:
Provided, That activities funded by appropriations herein
made may be accomplished through the use of contracts,
grants, or cooperative agreements as defined in section 6302
of title 31, United States Code: Provided further, That the
United States Geological Survey may enter into contracts or
cooperative agreements directly with individuals or
indirectly with institutions or nonprofit organizations,
without regard to 41 U.S.C. 6101, for the temporary or
intermittent services of students or recent graduates, who
shall be considered employees for the purpose of chapters 57
and 81 of title 5, United States Code, relating to
compensation for travel and work injuries, and chapter 171 of
title 28, United States Code, relating to tort claims, but
shall not be considered to be Federal employees for any other
purposes.
Bureau of Ocean Energy Management
ocean energy management
For expenses necessary for granting and administering
leases, easements, rights-of-way, and agreements for use for
oil and gas, other minerals, energy, and marine-related
purposes on the Outer Continental Shelf and approving
operations related thereto, as authorized by law; for
environmental studies, as authorized by law; for implementing
other laws and to the extent provided by Presidential or
Secretarial delegation; and for matching grants or
cooperative agreements, $223,932,000, of which $180,932,000
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 $180,932,000:
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
For expenses necessary for the regulation of operations
related to leases, easements, rights-of-way, and agreements
for use for oil and gas, other minerals, energy, and marine-
related purposes on the Outer Continental Shelf, as
authorized by law; for enforcing and implementing laws and
regulations as authorized by law and to the extent provided
by Presidential or Secretarial delegation; and for matching
grants or cooperative agreements, $181,030,000, of which
$155,273,000 is to remain available until September 30, 2023,
and of which $25,757,000 is to remain available until
expended, including $5,000,000 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 $155,273,000.
For an additional amount, $32,243,000, 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 $32,243,000, the amounts realized in excess of
$32,243,000 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.
[[Page H3997]]
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, $119,257,000, to remain available until September
30, 2023, of which $65,000,000 shall be available for state
and tribal regulatory grants: Provided, That appropriations
for the Office of Surface Mining Reclamation and Enforcement
may provide for the travel and per diem expenses of State and
tribal personnel attending Office of Surface Mining
Reclamation and Enforcement sponsored training.
In addition, for costs to review, administer, and enforce
permits issued by the Office pursuant to section 507 of
Public Law 95-87 (30 U.S.C. 1257), $40,000, to remain
available until expended: Provided, That fees assessed and
collected by the Office pursuant to such section 507 shall be
credited to this account as discretionary offsetting
collections, to remain available until expended: Provided
further, That the sum herein appropriated from the general
fund shall be reduced as collections are received during the
fiscal year, so as to result in a fiscal year 2022
appropriation estimated at not more than $119,257,000.
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,
$27,765,000, to be derived from receipts of the Abandoned
Mine Reclamation Fund and to remain available until expended:
Provided, That pursuant to Public Law 97-365, the Department
of the Interior is authorized to use up to 20 percent from
the recovery of the delinquent debt owed to the United States
Government to pay for contracts to collect these debts:
Provided further, That funds made available under title IV of
Public Law 95-87 may be used for any required non-Federal
share of the cost of projects funded by the Federal
Government for the purpose of environmental restoration
related to treatment or abatement of acid mine drainage from
abandoned mines: Provided further, That such projects must
be consistent with the purposes and priorities of the Surface
Mining Control and Reclamation Act: Provided further, That
amounts provided under this heading may be used for the
travel and per diem expenses of State and tribal personnel
attending Office of Surface Mining Reclamation and
Enforcement sponsored training.
In addition, $165,000,000, to remain available until
expended, for grants to States and federally recognized
Indian Tribes for reclamation of abandoned mine lands and
other related activities: 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,
$105,000,000 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, $45,000,000 shall be distributed in
equal amounts to the three Appalachian States with the
subsequent greatest amount of unfunded needs to meet such
priorities, and $15,000,000 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 and
shall be used for economic and community development in
conjunction with the priorities in section 403(a) of the
Surface Mining Control and Reclamation Act of 1977: Provided
further, That such additional amount shall be allocated to
States and Indian Tribes within 60 days after the date of
enactment of this Act.
Indian Affairs
Bureau of Indian Affairs
operation of indian programs
(including transfers of funds)
For expenses necessary for the operation of Indian
programs, as authorized by law, including the Snyder Act of
November 2, 1921 (25 U.S.C. 13) and the Indian Self-
Determination and Education Assistance Act of 1975 (25 U.S.C.
5301 et seq.), $1,924,089,000, 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
$60,182,000 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 any forestry
funds allocated to a federally recognized tribe which remain
unobligated as of September 30, 2023, may be transferred
during fiscal year 2024 to an Indian forest land assistance
account established for the benefit of the holder of the
funds within the holder's trust fund account: Provided
further, That any such unobligated balances not so
transferred shall expire on September 30, 2024: Provided
further, That in order to enhance the safety of Bureau field
employees, the Bureau may use funds to purchase uniforms or
other identifying articles of clothing for personnel:
Provided further, That the Bureau of Indian Affairs may
accept transfers of funds from United States Customs and
Border Protection to supplement any other funding available
for reconstruction or repair of roads owned by the Bureau of
Indian Affairs as identified on the National Tribal
Transportation Facility Inventory, 23 U.S.C. 202(b)(1):
Provided further, That section 5 of the Indian Reorganization
Act of June 18, 1934 (25 U.S.C. 5108) shall be applied by
substituting ``$2,500,000'' for ``$2,000,000''.
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), $75,000,000, 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; $187,992,000, to remain available until expended:
Provided, That such amounts as may be available for the
construction of the Navajo Indian Irrigation Project may be
transferred to the Bureau of Reclamation: Provided further,
That any funds provided for the Safety of Dams program
pursuant to the Act of November 2, 1921 (25 U.S.C. 13), shall
be made available on a nonreimbursable basis: Provided
further, That this appropriation may be reimbursed from the
Office of the Special Trustee for American Indians
appropriation for the appropriate share of construction costs
for space expansion needed in agency offices to meet trust
reform implementation: Provided further, That of the funds
made available under this heading, $10,000,000 shall be
derived from the Indian Irrigation Fund established by
section 3211 of the WIIN Act (Public Law 114-322; 130 Stat.
1749).
indian land and water claim settlements and miscellaneous payments to
indians
For payments and necessary administrative expenses for
implementation of Indian land and water claim settlements
pursuant to Public Laws 99-264, 114-322, and 116-260 and for
implementation of other land and water rights settlements,
$75,844,000, to remain available until expended, of which up
to $25,000,000 shall be available for deposit into the Selis-
Qlispe Ksanka Settlement Trust Fund 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.), $1,083,463,000 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
[[Page H3998]]
$797,911,000 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 $92,285,000 within and only from such
amounts made available for school operations shall be
available for administrative cost grants associated with
grants approved prior to July 1, 2022: Provided further,
That in order to enhance the safety of Bureau field
employees, the Bureau may use funds to purchase uniforms or
other identifying articles of clothing for personnel.
education construction
For construction, repair, improvement, and maintenance of
buildings, utilities, and other facilities necessary for the
operation of Indian education programs, including
architectural and engineering services by contract;
acquisition of lands, and interests in lands; $267,330,000 to
remain available until expended: Provided, That in order to
ensure timely completion of construction projects, the
Secretary of the Interior may assume control of a project and
all funds related to the project, if, not later than 18
months after the date of the enactment of this Act, any
Public Law 100-297 (25 U.S.C. 2501, et seq.) grantee
receiving funds appropriated in this Act or in any prior Act,
has not completed the planning and design phase of the
project and commenced construction.
administrative provisions
The Bureau of Indian Affairs and the Bureau of Indian
Education may carry out the operation of Indian programs by
direct expenditure, contracts, cooperative agreements,
compacts, and grants, either directly or in cooperation with
States and other organizations.
Notwithstanding Public Law 87-279 (25 U.S.C. 15), the
Bureau of Indian Affairs may contract for services in support
of the management, operation, and maintenance of the Power
Division of the San Carlos Irrigation Project.
Notwithstanding any other provision of law, no funds
available to the Bureau of Indian Affairs or the Bureau of
Indian Education for central office oversight and Executive
Direction and Administrative Services (except Executive
Direction and Administrative Services funding for Tribal
Priority Allocations, regional offices, and facilities
operations and maintenance) shall be available for contracts,
grants, compacts, or cooperative agreements with the Bureau
of Indian Affairs or the Bureau of Indian Education under the
provisions of the Indian Self-Determination Act or the Tribal
Self-Governance Act of 1994 (Public Law 103-413).
In the event any tribe returns appropriations made
available by this Act to the Bureau of Indian Affairs or the
Bureau of Indian Education, this action shall not diminish
the Federal Government's trust responsibility to that tribe,
or the government-to-government relationship between the
United States and that tribe, or that tribe's ability to
access future appropriations.
Notwithstanding any other provision of law, no funds
available to the Bureau of Indian Education, other than the
amounts provided herein for assistance to public schools
under 25 U.S.C. 452 et seq., shall be available to support
the operation of any elementary or secondary school in the
State of Alaska.
No funds available to the Bureau of Indian Education shall
be used to support expanded grades for any school or
dormitory beyond the grade structure in place or approved by
the Secretary of the Interior at each school in the Bureau of
Indian Education school system as of October 1, 1995, except
that the Secretary of the Interior may waive this prohibition
to support expansion of up to one additional grade when the
Secretary determines such waiver is needed to support
accomplishment of the mission of the Bureau of Indian
Education, or more than one grade to expand the elementary
grade structure for Bureau-funded schools with a K-2 grade
structure on October 1, 1996. Appropriations made available
in this or any prior Act for schools funded by the Bureau
shall be available, in accordance with the Bureau's funding
formula, only to the schools in the Bureau school system as
of September 1, 1996, and to any school or school program
that was reinstated in fiscal year 2012. Funds made available
under this Act may not be used to establish a charter school
at a Bureau-funded school (as that term is defined in section
1141 of the Education Amendments of 1978 (25 U.S.C. 2021)),
except that a charter school that is in existence on the date
of the enactment of this Act and that has operated at a
Bureau-funded school before September 1, 1999, may continue
to operate during that period, but only if the charter school
pays to the Bureau a pro rata share of funds to reimburse the
Bureau for the use of the real and personal property
(including buses and vans), the funds of the charter school
are kept separate and apart from Bureau funds, and the Bureau
does not assume any obligation for charter school programs of
the State in which the school is located if the charter
school loses such funding. Employees of Bureau-funded schools
sharing a campus with a charter school and performing
functions related to the charter school's operation and
employees of a charter school shall not be treated as Federal
employees for purposes of chapter 171 of title 28, United
States Code.
Notwithstanding any other provision of law, including
section 113 of title I of appendix C of Public Law 106-113,
if in fiscal year 2003 or 2004 a grantee received indirect
and administrative costs pursuant to a distribution formula
based on section 5(f) of Public Law 101-301, the Secretary
shall continue to distribute indirect and administrative cost
funds to such grantee using the section 5(f) distribution
formula.
Funds available under this Act may not be used to establish
satellite locations of schools in the Bureau school system as
of September 1, 1996, except that the Secretary may waive
this prohibition in order for an Indian tribe to provide
language and cultural immersion educational programs for non-
public schools located within the jurisdictional area of the
tribal government which exclusively serve tribal members, do
not include grades beyond those currently served at the
existing Bureau-funded school, provide an educational
environment with educator presence and academic facilities
comparable to the Bureau-funded school, comply with all
applicable Tribal, Federal, or State health and safety
standards, and the Americans with Disabilities Act, and
demonstrate the benefits of establishing operations at a
satellite location in lieu of incurring extraordinary costs,
such as for transportation or other impacts to students such
as those caused by busing students extended distances:
Provided, That no funds available under this Act may be used
to fund operations, maintenance, rehabilitation,
construction, or other facilities-related costs for such
assets that are not owned by the Bureau: Provided further,
That the term ``satellite school'' means a school location
physically separated from the existing Bureau school by more
than 50 miles but that forms part of the existing school in
all other respects.
Funds made available for Tribal Priority Allocations within
Operation of Indian Programs and Operation of Indian
Education Programs may be used to execute requested
adjustments in tribal priority allocations initiated by an
Indian Tribe.
Office of the Special Trustee for American Indians
federal trust programs
(including transfer of funds)
For the operation of trust programs for Indians by direct
expenditure, contracts, cooperative agreements, compacts, and
grants, $109,572,000, to remain available until expended, of
which not to exceed $17,536,000 from this or any other Act,
may be available for historical accounting: Provided, That
funds for trust management improvements and litigation
support may, as needed, be transferred to or merged with the
Bureau of Indian Affairs, ``Operation of Indian Programs''
and Bureau of Indian Education, ``Operation of Indian
Education Programs'' accounts; the Office of the Solicitor,
``Salaries and Expenses'' account; and the Office of the
Secretary, ``Departmental Operations'' account: Provided
further, That funds made available through contracts or
grants obligated during fiscal year 2022, as authorized by
the Indian Self-Determination Act of 1975 (25 U.S.C. 5301 et
seq.), shall remain available until expended by the
contractor or grantee: Provided further, That
notwithstanding any other provision of law, the Secretary
shall not be required to provide a quarterly statement of
performance for any Indian trust account that has not had
activity for at least 15 months and has a balance of $15 or
less: Provided further, That the Secretary shall issue an
annual account statement and maintain a record of any such
accounts and shall permit the balance in each such account to
be withdrawn upon the express written request of the account
holder: Provided further, That not to exceed $100,000 is
available for the Secretary to make payments to correct
administrative errors of either disbursements from or
deposits to Individual Indian Money or Tribal accounts after
September 30, 2002: Provided further, That erroneous
payments that are recovered shall be credited to and remain
available in this account for this purpose: Provided
further, That the Secretary shall not be required to
reconcile Special Deposit Accounts with a balance of less
than $500 unless the Office of the Special Trustee receives
proof of ownership from a Special Deposit Accounts claimant:
Provided further, That notwithstanding section 102 of the
American Indian Trust Fund Management Reform Act of 1994
(Public Law 103-412) or any other provision of law, the
Secretary may aggregate the trust accounts of individuals
whose whereabouts are unknown for a continuous period of at
least 5 years and shall not be required to generate periodic
statements of performance for the individual accounts:
Provided further, That with respect to the eighth proviso,
the Secretary shall continue to maintain sufficient records
to determine the balance of the individual accounts,
including any accrued interest and income, and such funds
shall remain available to the individual account holders.
Departmental Offices
Office of the Secretary
departmental operations
(including transfer of funds)
For necessary expenses for management of the Department of
the Interior and for grants and cooperative agreements, as
authorized by law, $130,887,000, 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 $13,591,000 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
[[Page H3999]]
Programs'' accounts and the Office of the Special Trustee
``Federal Trust Programs'' account: Provided further, That
funds made available through contracts or grants obligated
during fiscal year 2022, as authorized by the Indian Self-
Determination Act of 1975 (25 U.S.C. 5301 et seq.), shall
remain available until expended by the contractor or grantee.
administrative provisions
For fiscal year 2022, up to $400,000 of the payments
authorized by chapter 69 of title 31, United States Code, may
be retained for administrative expenses of the Payments in
Lieu of Taxes Program: Provided, That the amounts provided
under this Act specifically for the Payments in Lieu of Taxes
program are the only amounts available for payments
authorized under chapter 69 of title 31, United States Code:
Provided further, That in the event the sums appropriated for
any fiscal year for payments pursuant to this chapter are
insufficient to make the full payments authorized by that
chapter to all units of local government, then the payment to
each local government shall be made proportionally: Provided
further, That the Secretary may make adjustments to payment
to individual units of local government to correct for prior
overpayments or underpayments: Provided further, That no
payment shall be made pursuant to that chapter to otherwise
eligible units of local government if the computed amount of
the payment is less than $100.
Insular Affairs
assistance to territories
For expenses necessary for assistance to territories under
the jurisdiction of the Department of the Interior and other
jurisdictions identified in section 104(e) of Public Law 108-
188, $119,477,000, of which: (1) $109,640,000 shall remain
available until expended for territorial assistance,
including general technical assistance, maintenance
assistance, disaster assistance, coral reef initiative and
natural resources activities, and brown tree snake control
and research; grants to the judiciary in American Samoa for
compensation and expenses, as authorized by law (48 U.S.C.
1661(c)); grants to the Government of American Samoa, in
addition to current local revenues, for construction and
support of governmental functions; grants to the Government
of the Virgin Islands, as authorized by law; grants to the
Government of Guam, as authorized by law; and grants to the
Government of the Northern Mariana Islands, as authorized by
law (Public Law 94-241; 90 Stat. 272); and (2) $9,837,000
shall be available until September 30, 2023, for salaries and
expenses of the Office of Insular Affairs: Provided, That
all financial transactions of the territorial and local
governments herein provided for, including such transactions
of all agencies or instrumentalities established or used by
such governments, may be audited by the Government
Accountability Office, at its discretion, in accordance with
chapter 35 of title 31, United States Code: Provided
further, That Northern Mariana Islands Covenant grant funding
shall be provided according to those terms of the Agreement
of the Special Representatives on Future United States
Financial Assistance for the Northern Mariana Islands
approved by Public Law 104-134: Provided further, That the
funds for the program of operations and maintenance
improvement are appropriated to institutionalize routine
operations and maintenance improvement of capital
infrastructure with territorial participation and cost
sharing to be determined by the Secretary based on the
grantee's commitment to timely maintenance of its capital
assets: Provided further, That any appropriation for
disaster assistance under this heading in this Act or
previous appropriations Acts may be used as non-Federal
matching funds for the purpose of hazard mitigation grants
provided pursuant to section 404 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C.
5170c).
compact of free association
For grants and necessary expenses, $8,463,000, to remain
available until expended, as provided for in sections
221(a)(2) and 233 of the Compact of Free Association for the
Republic of Palau; and section 221(a)(2) of the Compacts of
Free Association for the Government of the Republic of the
Marshall Islands and the Federated States of Micronesia, as
authorized by Public Law 99-658 and Public Law 108-188:
Provided, That of the funds appropriated under this heading,
$5,000,000 is for deposit into the Compact Trust Fund of the
Republic of the Marshall Islands as compensation authorized
by Public Law 108-188 for adverse financial and economic
impacts.
Administrative Provisions
(including transfer of funds)
At the request of the Governor of Guam, the Secretary may
transfer discretionary funds or mandatory funds provided
under section 104(e) of Public Law 108-188 and Public Law
104-134, that are allocated for Guam, to the Secretary of
Agriculture for the subsidy cost of direct or guaranteed
loans, plus not to exceed three percent of the amount of the
subsidy transferred for the cost of loan administration, for
the purposes authorized by the Rural Electrification Act of
1936 and section 306(a)(1) of the Consolidated Farm and Rural
Development Act for construction and repair projects in Guam,
and such funds shall remain available until expended:
Provided, That such costs, including the cost of modifying
such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974: Provided further, That
such loans or loan guarantees may be made without regard to
the population of the area, credit elsewhere requirements,
and restrictions on the types of eligible entities under the
Rural Electrification Act of 1936 and section 306(a)(1) of
the Consolidated Farm and Rural Development Act: Provided
further, That any funds transferred to the Secretary of
Agriculture shall be in addition to funds otherwise made
available to make or guarantee loans under such authorities.
Office of the Solicitor
salaries and expenses
For necessary expenses of the Office of the Solicitor,
$95,498,000, to remain available until September 30, 2023.
Office of Inspector General
salaries and expenses
For necessary expenses of the Office of Inspector General,
$66,382,000, 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, $1,110,061,000,
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
$303,964,000 is for fuels management activities: Provided
further, That of the funds provided $40,470,000 is for burned
area rehabilitation: Provided further, That persons hired
pursuant to 43 U.S.C. 1469 may be furnished subsistence and
lodging without cost from funds available from this
appropriation: Provided further, That notwithstanding 42
U.S.C. 1856d, sums received by a bureau or office of the
Department of the Interior for fire protection rendered
pursuant to 42 U.S.C. 1856 et seq., protection of United
States property, may be credited to the appropriation from
which funds were expended to provide that protection, and are
available without fiscal year limitation: Provided further,
That using the amounts designated under this title of this
Act, the Secretary of the Interior may enter into procurement
contracts, grants, or cooperative agreements, for fuels
management activities, and for training and monitoring
associated with such fuels management activities on Federal
land, or on adjacent non-Federal land for activities that
benefit resources on Federal land: Provided further, That
the costs of implementing any cooperative agreement between
the Federal Government and any non-Federal entity may be
shared, as mutually agreed on by the affected parties:
Provided further, That notwithstanding requirements of the
Competition in Contracting Act, the Secretary, for purposes
of fuels management activities, may obtain maximum
practicable competition among: (1) local private, nonprofit,
or cooperative entities; (2) Youth Conservation Corps crews,
Public Lands Corps (Public Law 109-154), or related
partnerships with State, local, or nonprofit youth groups;
(3) small or micro-businesses; or (4) other entities that
will hire or train locally a significant percentage, defined
as 50 percent or more, of the project workforce to complete
such contracts: Provided further, That in implementing this
section, the Secretary shall develop written guidance to
field units to ensure accountability and consistent
application of the authorities provided herein: Provided
further, That funds appropriated under this heading may be
used to reimburse the United States Fish and Wildlife Service
and the National Marine Fisheries Service for the costs of
carrying out their responsibilities under the Endangered
Species Act of 1973 (16 U.S.C. 1531 et seq.) to consult and
conference, as required by section 7 of such Act, in
connection with wildland fire management activities:
Provided further, That the Secretary of the Interior may use
wildland fire appropriations to enter into leases of real
property with local governments, at or below fair market
value, to construct capitalized improvements for fire
facilities on such leased properties, including but not
limited to fire guard stations, retardant stations, and other
initial attack and fire support facilities, and to make
advance payments for any such lease or for construction
activity associated with the lease: Provided further, That
the Secretary of the Interior and the Secretary of
Agriculture may authorize the transfer of funds appropriated
for wildland fire management, in an aggregate amount not to
exceed $50,000,000 between the Departments when such
transfers would facilitate and expedite wildland fire
management programs and projects: Provided further, That
funds provided for wildfire suppression shall be available
for support of Federal emergency response actions: Provided
further, That funds appropriated under this heading shall be
available for assistance to or through the Department of
State in connection with forest and rangeland research,
technical information, and assistance in foreign countries,
and, with the concurrence of the Secretary of State, shall be
available to support forestry, wildland fire management, and
related natural resource activities outside the United States
and its territories and possessions, including technical
assistance, education and training, and cooperation with
United States and international organizations: Provided
further, That of the funds provided under this heading
$383,657,000 shall be available for wildfire suppression
operations, and is provided to meet the terms of section 1(h)
of H. Res. 467 of the 117th Congress as engrossed in the
House of Representatives on June 14, 2021.
[[Page H4000]]
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 for purposes
of section 1(h) of H. Res. 467 of the 117th Congress as
engrossed in the House of Representatives on June 14, 2021:
Provided, That such amounts may be transferred to and merged
with amounts made available under the headings ``Department
of Agriculture--Forest Service--Wildland Fire Management''
and ``Department of the Interior--Department-Wide Programs--
Wildland Fire Management'' for wildfire suppression
operations in the fiscal year in which such amounts are
transferred: Provided further, That amounts may be
transferred to the ``Wildland Fire Management'' accounts in
the Department of Agriculture or the Department of the
Interior only upon the notification of the House and Senate
Committees on Appropriations that all wildfire suppression
operations funds appropriated under that heading in this and
prior appropriations Acts to the agency to which the funds
will be transferred will be obligated within 30 days:
Provided further, That the transfer authority provided under
this heading is in addition to any other transfer authority
provided by law: Provided further, That, in determining
whether all wildfire suppression operations funds
appropriated under the heading ``Wildland Fire Management''
in this and prior appropriations Acts to either the
Department of Agriculture or the Department of the Interior
will be obligated within 30 days pursuant to the previous
proviso, any funds transferred or permitted to be transferred
pursuant to any other transfer authority provided by law
shall be excluded.
central hazardous materials fund
For necessary expenses of the Department of the Interior
and any of its component offices and bureaus for the response
action, including associated activities, performed pursuant
to the Comprehensive Environmental Response, Compensation,
and Liability Act (42 U.S.C. 9601 et seq.), $10,036,000, to
remain available until expended.
energy community revitalization program
(including transfers of funds)
For necessary expenses of the Department of the Interior
and any of its component offices and bureaus to inventory,
assess, decommission, reclaim, respond to hazardous substance
releases, and remediate abandoned hard rock mines, orphaned
oil and gas wells, and orphaned infrastructure, including,
but not limited to, facilities, pipelines, structures or
equipment used in energy production operations, $120,000,000,
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 grants and
cooperative agreements to States to inventory, assess,
decommission, reclaim, and remediate abandoned hard rock
mines, orphaned oil and gas wells, and associated
infrastructure on State and private lands: Provided further,
That amounts appropriated under this heading are available
for grants or cooperative agreements to tribes to inventory,
assess, decommission, reclaim, and remediate abandoned hard
rock mines, orphaned oil and gas wells, and their associated
infrastructure on tribal lands, including grants management
capacity within tribes: Provided further, That amounts
appropriated under this heading are available for program
management and oversight of these activities: Provided
further, That the Secretary may transfer the funds provided
under this heading in this Act to any other account in the
Department to carry out such purposes, and may expend such
funds directly, or through grants or cooperative agreements:
Provided further, That the Secretary may implement the grant
and cooperative agreement programs authorized herein on a
formula or competitive basis: Provided further, That these
amounts are not available to fulfill Comprehensive
Environmental Response, Compensation, and Liability Act (42
U.S.C. 9601 et seq.) obligations agreed to in settlement or
imposed by a court, whether for payment of funds or for work
to be performed.
Natural Resource Damage Assessment and Restoration
natural resource damage assessment fund
To conduct natural resource damage assessment, restoration
activities, and onshore oil spill preparedness by the
Department of the Interior necessary to carry out the
provisions of the Comprehensive Environmental Response,
Compensation, and Liability Act (42 U.S.C. 9601 et seq.), the
Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.),
the Oil Pollution Act of 1990 (33 U.S.C. 2701 et seq.), and
54 U.S.C. 100721 et seq., $7,933,000, to remain available
until expended.
working capital fund
For the operation and maintenance of a departmental
financial and business management system, information
technology improvements of general benefit to the Department,
cybersecurity, and the consolidation of facilities and
operations throughout the Department, $91,436,000, to remain
available until expended: Provided, That none of the funds
appropriated in this Act or any other Act may be used to
establish reserves in the Working Capital Fund account other
than for accrued annual leave and depreciation of equipment
without prior approval of the Committees on Appropriations of
the House of Representatives and the Senate: Provided
further, That the Secretary of the Interior may assess
reasonable charges to State, local, and tribal government
employees for training services provided by the National
Indian Program Training Center, other than training related
to Public Law 93-638: Provided further, That the Secretary
may lease or otherwise provide space and related facilities,
equipment, or professional services of the National Indian
Program Training Center to State, local and tribal government
employees or persons or organizations engaged in cultural,
educational, or recreational activities (as defined in
section 3306(a) of title 40, United States Code) at the
prevailing rate for similar space, facilities, equipment, or
services in the vicinity of the National Indian Program
Training Center: Provided further, That all funds received
pursuant to the two preceding provisos shall be credited to
this account, shall be available until expended, and shall be
used by the Secretary for necessary expenses of the National
Indian Program Training Center: Provided further, That the
Secretary may enter into grants and cooperative agreements to
support the Office of Natural Resource Revenue's collection
and disbursement of royalties, fees, and other mineral
revenue proceeds, as authorized by law.
administrative provision
There is hereby authorized for acquisition from available
resources within the Working Capital Fund, aircraft which may
be obtained by donation, purchase, or through available
excess surplus property: Provided, That existing aircraft
being replaced may be sold, with proceeds derived or trade-in
value used to offset the purchase price for the replacement
aircraft.
office of natural resources revenue
For necessary expenses for management of the collection and
disbursement of royalties, fees, and other mineral revenue
proceeds, and for grants and cooperative agreements, as
authorized by law, $153,474,000, to remain available until
September 30, 2023; of which $51,985,000 shall remain
available until expended for the purpose of mineral revenue
management activities: Provided, That notwithstanding any
other provision of law, $15,000 shall be available for
refunds of overpayments in connection with certain Indian
leases in which the Secretary of the Interior concurred with
the claimed refund due, to pay amounts owed to Indian
allottees or tribes, or to correct prior unrecoverable
erroneous payments.
General Provisions, Department of the Interior
(including transfers of funds)
emergency transfer authority--intra-bureau
Sec. 101. Appropriations made in this title shall be
available for expenditure or transfer (within each bureau or
office), with the approval of the Secretary of the Interior,
for the emergency reconstruction, replacement, or repair of
aircraft, buildings, utilities, or other facilities or
equipment damaged or destroyed by fire, flood, storm, or
other unavoidable causes: Provided, That no funds shall be
made available under this authority until funds specifically
made available to the Department of the Interior for
emergencies shall have been exhausted: Provided further,
That all funds used pursuant to this section must be
replenished by a supplemental appropriation, which must be
requested as promptly as possible.
emergency transfer authority--department-wide
Sec. 102. The Secretary of the Interior may authorize the
expenditure or transfer of any no year appropriation in this
title, in addition to the amounts included in the budget
programs of the several agencies, for the suppression or
emergency prevention of wildland fires on or threatening
lands under the jurisdiction of the Department of the
Interior; for the emergency rehabilitation of burned-over
lands under its jurisdiction; for emergency actions related
to potential or actual earthquakes, floods, volcanoes,
storms, or other unavoidable causes; for contingency planning
subsequent to actual oil spills; for response and natural
resource damage assessment activities related to actual oil
spills or releases of hazardous substances into the
environment; for the prevention, suppression, and control of
actual or potential grasshopper and Mormon cricket outbreaks
on lands under the jurisdiction of the Secretary, pursuant to
the authority in section 417(b) of Public Law 106-224 (7
U.S.C. 7717(b)); for emergency reclamation projects under
section 410 of Public Law 95-87; and shall transfer, from any
no year funds available to the Office of Surface Mining
Reclamation and Enforcement, such funds as may be necessary
to permit assumption of regulatory authority in the event a
primacy State is not carrying out the regulatory provisions
of the Surface Mining Act: Provided, That appropriations
made in this title for wildland fire operations shall be
available for the payment of obligations incurred during the
preceding fiscal year, and for reimbursement to other Federal
agencies for destruction of vehicles, aircraft, or other
equipment in connection with their use for wildland fire
operations, with such reimbursement to be credited to
appropriations currently available at the time of receipt
thereof: Provided further, That for wildland fire
operations, no funds shall be made available under this
authority until the Secretary determines that funds
appropriated for ``wildland fire suppression'' shall be
exhausted within 30 days: Provided further, That all funds
used pursuant to this section must be replenished by a
supplemental appropriation, which must be requested as
promptly as possible: Provided further, That such
replenishment funds shall be used to reimburse, on a pro rata
basis, accounts from which emergency funds were transferred.
[[Page H4001]]
authorized use of funds
Sec. 103. Appropriations made to the Department of the
Interior in this title shall be available for services as
authorized by section 3109 of title 5, United States Code,
when authorized by the Secretary of the Interior, in total
amount not to exceed $500,000; purchase and replacement of
motor vehicles, including specially equipped law enforcement
vehicles; hire, maintenance, and operation of aircraft; hire
of passenger motor vehicles; purchase of reprints; payment
for telephone service in private residences in the field,
when authorized under regulations approved by the Secretary;
and the payment of dues, when authorized by the Secretary,
for library membership in societies or associations which
issue publications to members only or at a price to members
lower than to subscribers who are not members.
authorized use of funds, indian trust management
Sec. 104. Appropriations made in this Act under the
headings Bureau of Indian Affairs and Bureau of Indian
Education, and Office of the Special Trustee for American
Indians and any unobligated balances from prior
appropriations Acts made under the same headings shall be
available for expenditure or transfer for Indian trust
management and reform activities. Total funding for
historical accounting activities shall not exceed amounts
specifically designated in this Act for such purpose. The
Secretary shall notify the House and Senate Committees on
Appropriations within 60 days of the expenditure or transfer
of any funds under this section, including the amount
expended or transferred and how the funds will be used.
redistribution of funds, bureau of indian affairs
Sec. 105. Notwithstanding any other provision of law, the
Secretary of the Interior is authorized to redistribute any
Tribal Priority Allocation funds, including tribal base
funds, to alleviate tribal funding inequities by transferring
funds to address identified, unmet needs, dual enrollment,
overlapping service areas or inaccurate distribution
methodologies. No tribe shall receive a reduction in Tribal
Priority Allocation funds of more than 10 percent in fiscal
year 2022. Under circumstances of dual enrollment,
overlapping service areas or inaccurate distribution
methodologies, the 10 percent limitation does not apply.
ellis, governors, and liberty islands
Sec. 106. Notwithstanding any other provision of law, the
Secretary of the Interior is authorized to acquire lands,
waters, or interests therein, including the use of all or
part of any pier, dock, or landing within the State of New
York and the State of New Jersey, for the purpose of
operating and maintaining facilities in the support of
transportation and accommodation of visitors to Ellis,
Governors, and Liberty Islands, and of other program and
administrative activities, by donation or with appropriated
funds, including franchise fees (and other monetary
consideration), or by exchange; and the Secretary is
authorized to negotiate and enter into leases, subleases,
concession contracts, or other agreements for the use of such
facilities on such terms and conditions as the Secretary may
determine reasonable.
outer continental shelf inspection fees
Sec. 107. (a) In fiscal year 2022, the Secretary of the
Interior shall collect a nonrefundable inspection fee, which
shall be deposited in the ``Offshore Safety and Environmental
Enforcement'' account, from the designated operator for
facilities subject to inspection under 43 U.S.C. 1348(c).
(b) Annual fees shall be collected for facilities that are
above the waterline, excluding drilling rigs, and are in
place at the start of the fiscal year. Fees for fiscal year
2022 shall be--
(1) $11,725 for facilities with no wells, but with
processing equipment or gathering lines;
(2) $18,984 for facilities with 1 to 10 wells, with any
combination of active or inactive wells; and
(3) $35,176 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) $34,059 per inspection for rigs operating in water
depths of 500 feet or more; and
(2) $18,649 per inspection for rigs operating in water
depths of less than 500 feet.
(d) Fees for inspection of well operations conducted via
non-rig units as outlined in title 30 CFR 250 subparts D, E,
F, and Q shall be assessed for all inspections completed in
fiscal year 2022. Fees for fiscal year 2022 shall be--
(1) $13,260 per inspection for non-rig units operating in
water depths of 2,500 feet or more;
(2) $11,530 per inspection for non-rig units operating in
water depths between 500 and 2,499 feet; and
(3) $4,470 per inspection for non-rig units operating in
water depths of less than 500 feet.
(e) The Secretary shall bill designated operators under
subsection (b) quarterly, with payment required within 30
days of billing. The Secretary shall bill designated
operators under subsection (c) within 30 days of the end of
the month in which the inspection occurred, with payment
required within 30 days of billing. The Secretary shall bill
designated operators under subsection (d) with payment
required by the end of the following quarter.
contracts and agreements for wild horse and burro holding facilities
Sec. 108. Notwithstanding any other provision of this Act,
the Secretary of the Interior may enter into multiyear
cooperative agreements with nonprofit organizations and other
appropriate entities, and may enter into multiyear contracts
in accordance with the provisions of section 3903 of title
41, United States Code (except that the 5-year term
restriction in subsection (a) shall not apply), for the long-
term care and maintenance of excess wild free roaming horses
and burros by such organizations or entities on private land.
Such cooperative agreements and contracts may not exceed 10
years, subject to renewal at the discretion of the Secretary.
mass marking of salmonids
Sec. 109. The United States Fish and Wildlife Service
shall, in carrying out its responsibilities to protect
threatened and endangered species of salmon, implement a
system of mass marking of salmonid stocks, intended for
harvest, that are released from federally operated or
federally financed hatcheries including but not limited to
fish releases of coho, chinook, and steelhead species. Marked
fish must have a visible mark that can be readily identified
by commercial and recreational fishers.
contracts and agreements with indian affairs
Sec. 110. Notwithstanding any other provision of law,
during fiscal year 2022, in carrying out work involving
cooperation with State, local, and tribal governments or any
political subdivision thereof, Indian Affairs may record
obligations against accounts receivable from any such
entities, except that total obligations at the end of the
fiscal year shall not exceed total budgetary resources
available at the end of the fiscal year.
department of the interior experienced services program
Sec. 111. (a) Notwithstanding any other provision of law
relating to Federal grants and cooperative agreements, the
Secretary of the Interior is authorized to make grants to, or
enter into cooperative agreements with, private nonprofit
organizations designated by the Secretary of Labor under
title V of the Older Americans Act of 1965 to utilize the
talents of older Americans in programs authorized by other
provisions of law administered by the Secretary and
consistent with such provisions of law.
(b) Prior to awarding any grant or agreement under
subsection (a), the Secretary shall ensure that the agreement
would not--
(1) result in the displacement of individuals currently
employed by the Department, including partial displacement
through reduction of non-overtime hours, wages, or employment
benefits;
(2) result in the use of an individual under the Department
of the Interior Experienced Services Program for a job or
function in a case in which a Federal employee is in a layoff
status from the same or substantially equivalent job within
the Department; or
(3) affect existing contracts for services.
obligation of funds
Sec. 112. Amounts appropriated by this Act to the
Department of the Interior shall be available for obligation
and expenditure not later than 60 days after the date of
enactment of this Act.
separation of accounts
Sec. 113. The Secretary of the Interior, in order to
implement an orderly transition to separate accounts of the
Bureau of Indian Affairs and the Bureau of Indian Education,
may transfer funds among and between the successor offices
and bureaus affected by the reorganization only in
conformance with the reprogramming guidelines described in
this Act.
payments in lieu of taxes (pilt)
Sec. 114. Section 6906 of title 31, United States Code,
shall be applied by substituting ``fiscal year 2022'' for
``fiscal year 2019''.
disclosure of departure or alternate procedure approval
Sec. 115. (a) Subject to subsection (b), in any case in
which the Bureau of Safety and Environmental Enforcement or
the Bureau of Ocean Energy Management prescribes or approves
any departure or use of alternate procedure or equipment, in
regards to a plan or permit, under 30 CFR 585.103; 30 CFR
550.141; 30 CFR 550.142; 30 CFR 250.141; or 30 CFR 250.142,
the head of such bureau shall post a description of such
departure or alternate procedure or equipment use approval on
such bureau's publicly available website not more than 15
business days after such issuance.
(b) The head of each bureau may exclude confidential
business information.
long bridge project
Sec. 116. (a) Authorization of Conveyance.--On request by
the State of Virginia or the District of Columbia for the
purpose of the construction of rail and other infrastructure
relating to the Long Bridge Project, the Secretary of the
Interior may convey to the State or the District of Columbia,
as applicable, all right, title, and interest of the United
States in and to any portion of the approximately 4.4 acres
of National Park Service land depicted as ``Permanent Impact
to NPS Land'' on the Map dated May 15, 2020, that is
identified by the State or the District of Columbia.
(b) Terms and Conditions.--Such conveyance of the National
Park Service land under subsection (a) shall be subject to
any terms and conditions that the Secretary may require. If
such conveyed land is no longer being used for the purposes
specified in this section, the lands or interests therein
shall revert to the National Park Service after they have
been restored or remediated to the satisfaction of the
Secretary.
(c) Corrections.--The Secretary and the State or the
District of Columbia, as applicable, by mutual agreement,
may--
(1) make minor boundary adjustments to the National Park
Service land to be conveyed to the State or the District of
Columbia under subsection (a); and
(2) correct any minor errors in the Map referred to in
subsection (a).
(d) Definitions.--For purposes of this section:
[[Page H4002]]
(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.
alyce spotted bear and walter soboleff commission on native american
children
Sec. 118. Section 3(f) of Public Law 114-244 is amended by
striking ``3 years'' and inserting ``5 years''.
indian reservation gaming regulations
Sec. 119. The Ysleta del Sur Pueblo and Alabama and
Coushatta Indian Tribes of Texas Restoration Act (Public Law
100-89; 101 Stat. 666) is amended by adding at the end the
following:
``SEC. 301. RULE OF CONSTRUCTION.
``Nothing in this Act shall be construed to preclude or
limit the applicability of the Indian Gaming Regulatory Act
(25 U.S.C. 2701 et seq.).''.
delaware water gap authority
Sec. 120. Section 4(b) of The Delaware Water Gap National
Recreation Area Improvement Act, as amended by section 1 of
Public Law 115-101, is further amended by striking ``2021''
and inserting ``2022''.
national heritage areas and corridors
Sec. 121. (a) Section 126 of Public Law 98-398, as amended
(98 Stat. 1456; 120 Stat. 1853), is further amended by
striking ``the date that is 15 years after the date of
enactment of this section'' and inserting ``September 30,
2023''.
(b) Section 10 of Public Law 99-647, as amended (100 Stat.
3630; 104 Stat. 1018; 120 Stat. 1858; 128 Stat. 3804), is
further amended by striking ``2021'' and inserting ``2023''.
(c) Section 12 of Public Law 100-692, as amended (102 Stat.
4558; 112 Stat. 3258; 123 Stat. 1292; 127 Stat. 420; 128
Stat. 314; 128 Stat. 3801), is further amended--
(1) in subsection (c)(1), by striking ``2021'' and
inserting ``2023''; and
(2) in subsection (d), by striking ``2021'' and inserting
``2023''.
(d) Section 106(b) of Public Law 103-449, as amended (108
Stat. 4755; 113 Stat. 1726; 123 Stat. 1291; 128 Stat. 3802),
is further amended by striking ``2021'' and inserting
``2023''.
(e) Division II of Public Law 104-333 (54 U.S.C. 320101
note), as amended, is further amended by striking ``2021''
each place it appears in the following sections and inserting
``2023'':
(1) in subsection 107 (110 Stat. 4244; 127 Stat. 420; 128
Stat. 314; 128 Stat. 3801);
(2) in subsection 408 (110 Stat. 4256; 127 Stat. 420; 128
Stat. 314; 128 Stat. 3801);
(3) in subsection 507 (110 Stat. 4260; 127 Stat. 420; 128
Stat. 314; 128 Stat. 3801);
(4) in subsection 707 (110 Stat. 4267; 127 Stat. 420; 128
Stat. 314; 128 Stat. 3801);
(5) in subsection 809 (110 Stat. 4275; 122 Stat. 826; 127
Stat. 420; 128 Stat. 314; 128 Stat. 3801);
(6) in subsection 910 (110 Stat. 4281; 127 Stat. 420; 128
Stat. 314; 128 Stat. 3801);
(7) in subsection 310 (110 Stat. 4252; 127 Stat. 420; 128
Stat. 314; 129 Stat. 2551; 132 Stat. 661; 133 Stat. 778);
(8) in subsection 607 (110 Stat. 4264; 127 Stat. 420; 128
Stat. 314; 129 Stat. 2551; 132 Stat. 661; 133 Stat. 778-779);
and
(9) in subsection 208 (110 Stat. 4248; 127 Stat. 420; 128
Stat. 314; 129 Stat. 2551; 132 Stat. 661; 133 Stat. 778).
(f) Section 109 of Public Law 105-355, as amended (112
Stat. 3252; 128 Stat. 3802), is further amended by striking
``2021'' and inserting ``2023''.
(g) Public Law 106-278 (54 U.S.C. 320101 note), as amended,
is further amended:
(1) in section 108 (114 Stat. 818; 127 Stat. 420; 128 Stat.
314; 128 Stat. 3802) by striking ``2021'' and inserting
``2023''; and
(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. 3082), is further amended by striking
``2021'' and inserting ``2023''.
(i) Section 7 of Public Law 106-319, as amended (114 Stat.
1284; 128 Stat. 3082), is further amended by striking
``2021'' and inserting ``2023''.
(j) Section 811 of Title VIII of appendix D of Public Law
106-554, as amended (114 Stat. 2763, 2763A-295; 128 Stat.
3802), is further amended by striking ``2021'' and inserting
``2023''.
(k) Section 140(j) Public Law 108-108, as amended (117
Stat. 1274; 131 Stat. 461; 132 Stat. 661; 133 Stat. 778), is
further amended by striking ``2021'' and inserting ``2023''.
(l) Title II of Public Law 109-338 (54 U.S.C. 320101 note;
120 Stat. 1787-1845), as amended, is further amended:
(1) in each of sections 208, 221, 240, 260, 269, 289, 291J,
295L and 297H by striking ``the date that is 15 years after
the date of enactment of this Act'' and inserting ``September
30, 2023''; and
(2) in section 280B by striking ``the day occurring 15
years after the date of the enactment of this subtitle'' and
inserting ``September 30, 2023''.
(m) Section 810(a)(1) of title VIII of division B of
appendix D of Public Law 106-554, as amended (114 Stat. 2763;
123 Stat. 1295; 131 Stat. 461; 133 Stat. 2714), is further
amended by striking ``$14,000,000'' and inserting
``$16,000,000''.
(n) Section 125(a) of Public Law 98-398, as amended by
section 402 of Public Law 109-338 (120 Stat. 1853), is
amended by striking ``$10,000,000'' and inserting
``$12,000,000''.
(o) Section 210(a) of title II of Public Law 106-278 (114
Stat. 824) is amended by striking ``$10,000,000'' and
inserting ``$12,000,000''.
study for selma to montgomery national historic trail
Sec. 122. (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.
restriction on use of funds
Sec. 123. (a) None of the funds made available in this Act
may be used by the Secretary of the Interior or the Bureau of
Ocean Energy Management to conduct or authorize oil and gas
preleasing, leasing, or related activities, including but not
limited to the issuance of permits for geological and
geophysical exploration, in any planning area where the 2017-
2022 Outer Continental Shelf Oil and Gas Leasing Proposed
Final Program (November 2016) did not schedule leases.
(b) The restrictions under subsection (a) apply to the
formal steps identified by the Department of the Interior and
the enabling steps prior to leasing, including the issuance
of permits for geological and geophysical exploration.
indian reorganization act
Sec. 124. (a) Modification.--(1) In General.-- The first
sentence of section 19 of the Act of June 18, 1934 (commonly
known as the ``Indian Reorganization Act'') (25 U.S.C. 5129),
is amended-
(A) by striking ``The term'' and inserting ``Effective
beginning on June 18, 1934, the term''; and
(B) by striking ``any recognized Indian tribe now under
Federal jurisdiction'' and inserting ``any federally
recognized Indian tribe''.
(2) Effective Date.-- The amendments made by paragraph (1)
shall take effect as if included in the Act of June 18, 1934
(commonly known as the ``Indian Reorganization Act'') (25
U.S.C. 5129), on the date of enactment of that Act.
(b) Ratification And Confirmation Of Actions.-- Any action
taken by the Secretary of the Interior pursuant to the Act of
June 18, 1934 (commonly known as the ``Indian Reorganization
Act'') (25 U.S.C. 5101 et seq.) for any Indian tribe that was
federally recognized on the date of the action is ratified
and confirmed, to the extent such action is subjected to
challenge based on whether the Indian tribe was federally
recognized or under Federal jurisdiction on June 18, 1934, as
if the action had, by prior act of Congress, been
specifically authorized and directed.
(c) Effect On Other Laws.--(1) In General.-- Nothing in
this section or the amendments made by this section affects-
(A) the application or effect of any Federal law other than
the Act of June 18, 1934 (25 U.S.C. 5101 et seq.) (as amended
by subsection (a)); or
(B) any limitation on the authority of the Secretary of the
Interior under any Federal law or regulation other than the
Act of June 18, 1934 (25 U.S.C. 5101 et seq.) (as so
amended).
(2) References in Other Laws.-- An express reference to the
Act of June 18, 1934 (25 U.S.C. 5101 et seq.) contained in
any other Federal law shall be considered to be a reference
to that Act as amended by subsection (a).
big cypress national preserve
Sec. 125. The Secretary of the Interior, acting through
the Director of the National Park Service, shall prepare an
environmental impact statement under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.),
prior to approving an operations permit, as described in 36
Code of Federal Regulations, subpart B Sec. Sec. 9.80 through
9.90, for the purpose of conducting or proposing to conduct
non-federal oil or gas operations within the Big Cypress
National Preserve.
offshore decommissioning
Sec. 126. (a) Effective upon the date of enactment of this
Act, the fifth and sixth provisos under the amended heading
``Royalty and Offshore Minerals Management'' for the Minerals
Management Service in Public Law 101-512 shall have no force
or effect.
(b) Beginning on the date of enactment of this Act, and in
each fiscal year hereafter--
(1) That notwithstanding section 3302 of title 31, any
moneys hereafter received as a result of the forfeiture of a
bond or other security by an Outer Continental Shelf
permittee, lessee, or right-of-way holder that does not
fulfill the requirements of its permit, lease, or right-of-
way or does not comply with the regulations of the Secretary,
or as a bankruptcy distribution or
[[Page H4003]]
settlement associated with such failure or noncompliance,
shall be credited to a separate account established in the
Treasury for decommissioning activities and shall be
available to the Bureau of Ocean Energy Management without
further appropriation or fiscal year limitation to cover the
cost to the United States of any improvement, protection,
rehabilitation, or decommissioning work rendered necessary by
the action or inaction that led to the forfeiture or
bankruptcy distribution or settlement, to remain available
until expended.
(2) That amounts deposited into the decommissioning account
may be allocated to the Bureau of Safety and Environmental
Enforcement for such costs.
(3) That any moneys received for such costs currently held
in the Ocean Energy Management account shall be transferred
to the decommissioning account.
(4) That any portion of the moneys so credited shall be
returned to the bankruptcy estate, permittee, lessee, or
right-of-way holder to the extent that the money is in excess
of the amount expended in performing the work necessitated by
the action or inaction which led to their receipt or, if the
bond or security was forfeited for failure to pay the civil
penalty, in excess of the civil penalty imposed.
exhaustion of administrative review
Sec. 127. 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 2027.''.
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,
$807,262,000, to remain available until September 30, 2023:
Provided, That of the funds included under this heading,
$8,500,000 shall be for Research: National Priorities as
specified in the report accompanying this 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,
$3,364,206,000, to remain available until September 30, 2023:
Provided, That of the funds included under this heading,
$23,700,000 shall be for Environmental Protection: National
Priorities as specified in the report accompanying this Act:
Provided further, That of the funds included under this
heading, $642,747,000 shall be for Geographic Programs
specified in the report accompanying this Act: Provided
further, That of the funds provided under this heading, the
Chemical Risk Review and Reduction program project shall be
allocated funds for this fiscal year 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, $54,347,000, 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,
$62,752,000, 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, $1,536,308,000, to remain available
until expended, consisting of such sums as are available in
the Trust Fund on September 30, 2021, as authorized by
section 517(a) of the Superfund Amendments and
Reauthorization Act of 1986 (SARA) and up to $1,536,308,000
as a payment from general revenues to the Hazardous Substance
Superfund for purposes as authorized by section 517(b) of
SARA: Provided, That funds appropriated under this heading
may be allocated to other Federal agencies in accordance with
section 111(a) of CERCLA: Provided further, That of the
funds appropriated under this heading, $11,800,000 shall be
paid to the ``Office of Inspector General'' appropriation to
remain available until September 30, 2023, and $32,985,000
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, $92,376,000, to remain
available until expended, of which $67,007,000 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, $22,409,000, 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, $5,324,303,000, to remain
available until expended, of which--
(1) $1,870,680,000 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
$1,357,934,000 shall be for making capitalization grants for
the Drinking Water State Revolving Funds under section 1452
of the Safe Drinking Water Act: Provided, That $222,431,651
of the funds made available for capitalization grants for the
Clean Water State Revolving Funds and $206,146,044 of the
funds made available for capitalization grants for the
Drinking Water State Revolving Funds shall be for Community
Project Funding grants 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 report
accompanying this 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 notwithstanding section
603(d)(7) of the Federal Water Pollution Control Act, the
limitation on the amounts in a State water pollution control
revolving fund that may be used by a State to administer the
fund shall not apply to amounts included as principal in
loans made by such fund in fiscal year 2022 and prior years
where such amounts represent costs of administering the fund
to the extent that such amounts are or were deemed reasonable
by the Administrator, accounted for separately from other
assets in the fund, and used for eligible purposes of the
fund, including administration: Provided further, That for
fiscal year 2022, notwithstanding the provisions of
subsections (g)(1), (h), and (l) of section 201 of the
Federal Water Pollution Control Act, grants made under title
II of such Act for American Samoa, Guam, the Commonwealth of
the Northern Marianas, the United States Virgin Islands, and
the District of Columbia may also be made for the purpose of
providing assistance: (1) solely for facility plans, design
activities, or plans, specifications, and estimates for any
proposed project for the construction of treatment works; and
(2) for the construction, repair, or replacement of privately
owned treatment works serving one or more principal
residences or small commercial establishments: Provided
further, That for fiscal year 2022, notwithstanding the
provisions of such subsections (g)(1), (h), and (l) of
section 201 and section 518(c) of the Federal Water Pollution
Control Act, funds reserved by the Administrator for grants
under section 518(c) of the Federal Water Pollution Control
Act may also be used to provide assistance: (1) solely for
facility plans, design activities, or plans, specifications,
and estimates for any proposed project for the construction
of treatment works; and (2) for the construction, repair, or
replacement of privately owned treatment works serving one or
more principal residences or small commercial establishments:
Provided further, That for fiscal year 2022, notwithstanding
any provision of the Federal Water Pollution Control Act and
regulations issued pursuant thereof, up to a total of
$2,000,000 of the funds reserved by the Administrator for
grants under section 518(c) of such Act may also be used for
grants for training, technical assistance, and educational
programs relating to the operation and management of the
treatment works specified in section 518(c) of such Act:
Provided further, That for fiscal year 2022, funds reserved
under section 518(c) of such Act shall be available for
grants only to Indian tribes, as defined in section 518(h) of
such Act and former Indian reservations in Oklahoma (as
determined by the Secretary of the Interior) and Native
Villages as defined in Public Law 92-203: Provided further,
That for fiscal year 2022, notwithstanding the limitation on
amounts in section 518(c) of the
[[Page H4004]]
Federal Water Pollution Control Act, up to a total of 2
percent of the funds appropriated, or $30,000,000, whichever
is greater, and notwithstanding the limitation on amounts in
section 1452(i) of the Safe Drinking Water Act, up to a total
of 2 percent of the funds appropriated, or $20,000,000,
whichever is greater, for State Revolving Funds under such
Acts may be reserved by the Administrator for grants under
section 518(c) and section 1452(i) of such Acts: Provided
further, That for fiscal year 2022, notwithstanding the
amounts specified in section 205(c) of the Federal Water
Pollution Control Act, up to 1.5 percent of the aggregate
funds appropriated for the Clean Water State Revolving Fund
program under the Act less any sums reserved under section
518(c) of the Act, may be reserved by the Administrator for
grants made under title II of the Federal Water Pollution
Control Act for American Samoa, Guam, the Commonwealth of the
Northern Marianas, and United States Virgin Islands:
Provided further, That for fiscal year 2022, notwithstanding
the limitations on amounts specified in section 1452(j) of
the Safe Drinking Water Act, up to 1.5 percent of the funds
appropriated for the Drinking Water State Revolving Fund
programs under the Safe Drinking Water Act may be reserved by
the Administrator for grants made under section 1452(j) of
the Safe Drinking Water Act: Provided further, That 10
percent of the funds made available under this title to each
State for Clean Water State Revolving Fund capitalization
grants and 14 percent of the funds made available under this
title to each State for Drinking Water State Revolving Fund
capitalization grants shall be used by the State to provide
additional subsidy to eligible recipients in the form of
forgiveness of principal, negative interest loans, or grants
(or any combination of these), and shall be so used by the
State only where such funds are provided as initial financing
for an eligible recipient or to buy, refinance, or
restructure the debt obligations of eligible recipients only
where such debt was incurred on or after the date of
enactment of this Act, or where such debt was incurred prior
to the date of enactment of this Act if the State, with
concurrence from the Administrator, determines that such
funds could be used to help address a threat to public health
from heightened exposure to lead in drinking water or if a
Federal or State emergency declaration has been issued due to
a threat to public health from heightened exposure to lead in
a municipal drinking water supply before the date of
enactment of this Act: Provided further, That in a State in
which such an emergency declaration has been issued, the
State may use more than 14 percent of the funds made
available under this title to the State for Drinking Water
State Revolving Fund capitalization grants to provide
additional subsidy to eligible recipients;
(2) $35,000,000 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) $36,186,000 shall be for grants to the State of Alaska
to address drinking water and wastewater infrastructure needs
of rural and Alaska Native Villages: Provided, That of these
funds: (A) the State of Alaska shall provide a match of 25
percent; (B) no more than 5 percent of the funds may be used
for administrative and overhead expenses; and (C) the State
of Alaska shall make awards consistent with the Statewide
priority list established in conjunction with the Agency and
the U.S. Department of Agriculture for all water, sewer,
waste disposal, and similar projects carried out by the State
of Alaska that are funded under section 221 of the Federal
Water Pollution Control Act (33 U.S.C. 1301) or the
Consolidated Farm and Rural Development Act (7 U.S.C. 1921 et
seq.) which shall allocate not less than 25 percent of the
funds provided for projects in regional hub communities;
(4) $130,982,000 shall be to carry out section 104(k) of
the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (CERCLA), including grants, interagency
agreements, and associated program support costs: Provided,
That at least 10 percent shall be allocated for assistance in
persistent poverty counties: Provided further, That for
purposes of this section, the term ``persistent poverty
counties'' means any county that has had 20 percent or more
of its population living in poverty over the past 30 years,
as measured by the 1993 Small Area Income and Poverty
Estimates, the 2000 decennial census, and the most recent
Small Area Income and Poverty Estimates, or any territory or
possession of the United States;
(5) $150,000,000 shall be for grants under title VII,
subtitle G of the Energy Policy Act of 2005;
(6) $70,000,000 shall be for targeted airshed grants in
accordance with the terms and conditions in the report
accompanying this Act;
(7) $4,000,000 shall be to carry out the water quality
program authorized in section 5004(d) of the Water
Infrastructure Improvements for the Nation Act (Public Law
114-322);
(8) $40,000,000 shall be for grants under subsections (a)
through (j) of section 1459A of the Safe Drinking Water Act
(42 U.S.C. 300j-19a);
(9) $36,500,000 shall be for grants under section 1464(d)
of the Safe Drinking Water Act (42 U.S.C. 300j-24(d));
(10) $81,515,000 shall be for grants under section 1459B of
the Safe Drinking Water Act (42 U.S.C. 300j-19b);
(11) $9,000,000 shall be for grants under section 1459A(l)
of the Safe Drinking Water Act (42 U.S.C. 300j-19a(l));
(12) $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));
(13) $60,000,000 shall be for grants under section 221 of
the Federal Water Pollution Control Act (33 U.S.C. 1301);
(14) $5,000,000 shall be for grants under section 4304(b)
of the America's Water Infrastructure Act of 2018 (Public Law
115-270);
(15) $55,000,000 shall be for carrying out section 302(a)
of the Save Our Seas 2.0 Act (33 U.S.C. 4282(a)), of which
not more than 2 percent shall be for administrative costs to
carry out such section: Provided, That grants made pursuant
to such authority may also be used for the construction,
maintenance, and operation of postconsumer materials
management or recycling facilities: Provided further, 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
C.F.R. 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;
(16) $1,262,506,000 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:
$49,000,000 shall be for carrying out section 128 of CERCLA;
$9,525,000 shall be for Environmental Information Exchange
Network grants, including associated program support costs;
$1,505,000 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) $100,000,000 shall be for environmental justice
implementation and training grants, including Environmental
Justice Competitive Grant Program grants for grants to reduce
the disproportionate health impacts of environmental
pollution in the environmental justice community;
Environmental Justice Community Grant Program grants for
grants to local governments and nonprofits to reduce the
disproportionate health impacts of environmental pollution in
environmental justice communities; Environmental Justice
State Grant Program grants for grants to states to create or
support state environmental justice programs; Environmental
Justice Tribal Grant Program grants for grants to tribes or
intertribal consortia to support tribal work to eliminate
disproportionately adverse human health or environmental
effects on environmental justice communities in tribal and
indigenous communities; Community-based Participatory
Research Grant Program grants for competitive grants to
institutions of higher education to develop partnerships with
community-based organizations to improve the health outcomes
of residents and workers in environmental justice
communities; and Environmental Justice Training Program
grants for grants to nonprofits for multi-media or single
media activities to increase the capacity of residents of
underserved communities to identify and address
disproportionately adverse human health or environmental
effects of pollution.
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, $72,108,000, to remain available
until expended: Provided, That such costs, including the
cost of modifying such loans, shall be as defined in section
502 of the Congressional Budget Act of 1974: Provided
further, That these funds are available to subsidize gross
obligations for the principal amount of direct loans,
including capitalized interest, and total loan principal,
including capitalized interest, any part of which is to be
guaranteed, not to exceed $12,500,000,000: Provided further,
That of the funds made available under this heading,
$5,000,000 shall be used solely for the cost of direct loans
and for the cost of guaranteed loans for projects described
in section 5026(9) of the Water Infrastructure Finance and
Innovation Act of 2014 to State infrastructure financing
authorities, as authorized by section 5033(e) of such Act:
Provided further, That the use of direct loans or loan
guarantee authority under this heading for direct loans or
commitments to guarantee loans for any project shall be in
accordance with the criteria published in the Federal
Register on June 30, 2020 (85 FR 39189) pursuant to the
fourth proviso under the heading
[[Page H4005]]
``Water Infrastructure Finance and Innovation Program
Account'' in division D of the Further Consolidated
Appropriations Act, 2020 (Public Law 116-94): Provided
further, That none of the direct loans or loan guarantee
authority made available under this heading shall be
available for any project unless the Administrator and the
Director of the Office of Management and Budget have
certified in advance in writing that the direct loan or loan
guarantee, as applicable, and the project comply with the
criteria referenced in the previous proviso: Provided
further, That, for the purposes of carrying out the
Congressional Budget Act of 1974, the Director of the
Congressional Budget Office may request, and the
Administrator shall promptly provide, documentation and
information relating to a project identified in a Letter of
Interest submitted to the Administrator pursuant to a Notice
of Funding Availability for applications for credit
assistance under the Water Infrastructure Finance and
Innovation Act Program, including with respect to a project
that was initiated or completed before the date of enactment
of this Act.
In addition, fees authorized to be collected pursuant to
sections 5029 and 5030 of the Water Infrastructure Finance
and Innovation Act of 2014 shall be deposited in this
account, to remain available until expended.
In addition, for administrative expenses to carry out the
direct and guaranteed loan programs, notwithstanding section
5033 of the Water Infrastructure Finance and Innovation Act
of 2014, $8,000,000, to remain available until September 30,
2023.
Administrative Provisions--Environmental Protection Agency
(including transfers of funds)
For fiscal year 2022, notwithstanding 31 U.S.C. 6303(1) and
6305(1), the Administrator of the Environmental Protection
Agency, in carrying out the Agency's function to implement
directly Federal environmental programs required or
authorized by law in the absence of an acceptable tribal
program, may award cooperative agreements to federally
recognized Indian tribes or Intertribal consortia, if
authorized by their member tribes, to assist the
Administrator in implementing Federal environmental programs
for Indian tribes required or authorized by law, except that
no such cooperative agreements may be awarded from funds
designated for State financial assistance agreements.
The Administrator of the Environmental Protection Agency is
authorized to collect and obligate pesticide registration
service fees in accordance with section 33 of the Federal
Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136w-
8), to remain available until expended.
Notwithstanding section 33(d)(2) of the Federal
Insecticide, Fungicide, and Rodenticide Act (FIFRA) (7 U.S.C.
136w-8(d)(2)), the Administrator of the Environmental
Protection Agency may assess fees under section 33 of FIFRA
(7 U.S.C. 136w-8) for fiscal year 2022.
The Administrator of the Environmental Protection Agency is
authorized to collect and obligate fees in accordance with
section 3024 of the Solid Waste Disposal Act (42 U.S.C.
6939g) for fiscal year 2022, to remain available until
expended.
The Administrator of the Environmental Protection Agency is
authorized to collect and obligate fees in accordance with
section 26(b) of the Toxic Substances Control Act (15 U.S.C.
2625(b)) for fiscal year 2022, to remain available until
expended.
The Administrator is authorized to transfer up to
$375,000,000 of the funds appropriated for the Great Lakes
Restoration Initiative under the heading ``Environmental
Programs and Management'' to the head of any Federal
department or agency, with the concurrence of such head, to
carry out activities that would support the Great Lakes
Restoration Initiative and Great Lakes Water Quality
Agreement programs, projects, or activities; to enter into an
interagency agreement with the head of such Federal
department or agency to carry out these activities; and to
make grants to governmental entities, nonprofit
organizations, institutions, and individuals for planning,
research, monitoring, outreach, and implementation in
furtherance of the Great Lakes Restoration Initiative and the
Great Lakes Water Quality Agreement.
The Science and Technology, Environmental Programs and
Management, Office of Inspector General, Hazardous Substance
Superfund, and Leaking Underground Storage Tank Trust Fund
Program Accounts, are available for the construction,
alteration, repair, rehabilitation, and renovation of
facilities, provided that the cost does not exceed $150,000
per project.
For fiscal year 2022, and notwithstanding section 518(f) of
the Federal Water Pollution Control Act (33 U.S.C. 1377(f)),
the Administrator is authorized to use the amounts
appropriated for any fiscal year under section 319 of the Act
to make grants to Indian tribes pursuant to sections 319(h)
and 518(e) of that Act.
The Administrator is authorized to use the amounts
appropriated under the heading ``Environmental Programs and
Management'' for fiscal year 2022 to provide grants to
implement the Southeastern New England Watershed Restoration
Program.
Notwithstanding the limitations on amounts in section
320(i)(2)(B) of the Federal Water Pollution Control Act, not
less than $2,000,000 of the funds made available under this
title for the National Estuary Program shall be for making
competitive awards described in section 320(g)(4).
Section 122(b)(3) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C.
9622(b)(3)), shall be applied by inserting before the period:
``, including for the hire, maintenance, and operation of
aircraft.''.
The Environmental Protection Agency Working Capital Fund,
established by Public Law 104-204 (42 U.S.C. 4370e), is
available for expenses and equipment necessary for
modernization and development of information technology of,
or for use by, the Environmental Protection Agency.
For fiscal year 2022, the Office of Chemical Safety and
Pollution Prevention and the Office of Water may, using funds
appropriated under the headings ``Environmental Programs and
Management'' and ``Science and Technology'', contract
directly with individuals or indirectly with institutions or
nonprofit organizations, without regard to 41 U.S.C. 5, for
the temporary or intermittent personal services of students
or recent graduates, who shall be considered employees for
the purposes of chapters 57 and 81 of title 5, United States
Code, relating to compensation for travel and work injuries,
and chapter 171 of title 28, United States Code, relating to
tort claims, but shall not be considered to be Federal
employees for any other purpose: Provided, That amounts used
for this purpose by the Office of Chemical Safety and
Pollution Prevention and the Office of Water collectively may
not exceed $2,000,000.
During each of fiscal years 2022 through 2025, the
Administrator may, after consultation with the Office of
Personnel and Management, employ up to seventy-five persons
at any one time in the Office of Research and Development and
twenty-five persons at any one time in the Office of Chemical
Safety and Pollution Prevention under the authority provided
in 42 U.S.C. 209.
TITLE III
RELATED AGENCIES
DEPARTMENT OF AGRICULTURE
office of the under secretary for natural resources and environment
For necessary expenses of the Office of the Under Secretary
for Natural Resources and Environment, $1,396,000: 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, $1,074,086,000, 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, $363,797,000, to remain available through
September 30, 2025: Provided, That of the funds provided,
$22,197,000 is for the forest inventory and analysis program:
Provided further, That all authorities for the use of funds,
including the use of contracts, grants, and cooperative
agreements, available to execute the Forest and Rangeland
Research appropriation, are also available in the utilization
of these funds for Fire Science Research.
state and private forestry
For necessary expenses of cooperating with and providing
technical and financial assistance to States, territories,
possessions, and others, and for forest health management,
and conducting an international program and trade compliance
activities as authorized, $324,876,000, to remain available
through September 30, 2025, as authorized by law.
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,
$2,232,344,000, to remain available through September 30,
2025: Provided, That of the funds provided, $60,000,000
shall be deposited in the Collaborative Forest Landscape
Restoration Fund for ecological restoration treatments as
authorized by 16 U.S.C. 7303(f): Provided further, That of
the funds provided, $39,017,000 shall be for forest products:
Provided further, That of the funds provided, $321,388,000
shall be for hazardous fuels management activities, of which
not to exceed $15,000,000 may be used to make grants, using
any authorities available to the Forest Service under the
``State and Private Forestry'' appropriation, for the purpose
of creating incentives for increased use of biomass from
National Forest System lands: Provided further, That
$20,000,000 may be used by the Secretary of Agriculture to
enter into procurement contracts or cooperative agreements or
to issue grants for hazardous fuels management activities,
and for training or monitoring associated with such hazardous
fuels management activities on Federal land, or on non-
Federal land
[[Page H4006]]
if the Secretary determines such activities benefit resources
on Federal land: Provided further, That funds made available
to implement the Community Forest Restoration Act, Public Law
106-393, title VI, shall be available for use on non-Federal
lands in accordance with authorities made available to the
Forest Service under the ``State and Private Forestry''
appropriation: Provided further, That notwithstanding
section 33 of the Bankhead Jones Farm Tenant Act (7 U.S.C.
1012), the Secretary of Agriculture, in calculating a fee for
grazing on a National Grassland, may provide a credit of up
to 50 percent of the calculated fee to a Grazing Association
or direct permittee for a conservation practice approved by
the Secretary in advance of the fiscal year in which the cost
of the conservation practice is incurred, and that the amount
credited shall remain available to the Grazing Association or
the direct permittee, as appropriate, in the fiscal year in
which the credit is made and each fiscal year thereafter for
use on the project for conservation practices approved by the
Secretary: Provided further, That funds appropriated to this
account shall be available for the base salary and expenses
of employees that carry out the functions funded by the
``Capital Improvement and Maintenance'' account, the ``Range
Betterment Fund'' account, and the ``Management of National
Forests for Subsistence Uses'' account.
Capital Improvement and Maintenance
(including transfer of funds)
For necessary expenses of the Forest Service, not otherwise
provided for, $153,302,000, 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 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, 76-591; and
Public Law 78-310).
range betterment fund
For necessary expenses of range rehabilitation, protection,
and improvement, 50 percent of all moneys received during the
prior fiscal year, as fees for grazing domestic livestock on
lands in National Forests in the 16 Western States, pursuant
to section 401(b)(1) of Public Law 94-579, to remain
available through September 30, 2025, of which not to exceed
6 percent shall be available for administrative expenses
associated with on-the-ground range rehabilitation,
protection, and improvements.
gifts, donations and bequests for forest and rangeland research
For expenses authorized by 16 U.S.C. 1643(b), $45,000, to
remain available through September 30, 2025, to be derived
from the fund established pursuant to the above Act.
management of national forest lands for subsistence uses
For necessary expenses of the Forest Service to manage
Federal lands in Alaska for subsistence uses under title VIII
of the Alaska National Interest Lands Conservation Act (16
U.S.C. 3111 et seq.), $1,099,000, to remain available through
September 30, 2025.
wildland fire management
(including transfers of funds)
For necessary expenses for forest fire presuppression
activities on National Forest System lands, for emergency
wildland fire suppression on or adjacent to such lands or
other lands under fire protection agreement, and for
emergency rehabilitation of burned-over National Forest
System lands and water, $2,097,622,000, to remain available
until expended: Provided, That such funds including
unobligated balances under this heading, are available for
repayment of advances from other appropriations accounts
previously transferred for such purposes: Provided further,
That any unobligated funds appropriated in a previous fiscal
year for hazardous fuels management may be transferred to the
``National Forest System'' account: Provided further, That
such funds shall be available to reimburse State and other
cooperating entities for services provided in response to
wildfire and other emergencies or disasters to the extent
such reimbursements by the Forest Service for non-fire
emergencies are fully repaid by the responsible emergency
management agency: Provided further, That funds provided
shall be available for support to Federal emergency response:
Provided further, That the costs of implementing any
cooperative agreement between the Federal Government and any
non-Federal entity may be shared, as mutually agreed on by
the affected parties: Provided further, That of the funds
provided under this heading, $1,011,000,000 shall be
available for wildfire suppression operations, and is
provided to the meet the terms of section 1(h) of H. Res. 467
of the 117th Congress as engrossed in the House of
Representatives on June 14, 2021.
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 for purposes of section 1(h)
of H. Res. 467 of the 117th Congress as engrossed in the
House of Representatives on June 14, 2021: Provided, That
such amounts may be transferred to and merged with amounts
made available under the headings ``Department of the
Interior--Department-Wide Programs--Wildland Fire
Management'' and ``Department of Agriculture--Forest
Service--Wildland Fire Management'' for wildfire suppression
operations in the fiscal year in which such amounts are
transferred: Provided further, That amounts may be
transferred to the ``Wildland Fire Management'' accounts in
the Department of the Interior or the Department of
Agriculture only upon the notification of the House and
Senate Committees on Appropriations that all wildfire
suppression operations funds appropriated under that heading
in this and prior appropriations Acts to the agency to which
the funds will be transferred will be obligated within 30
days: Provided further, That the transfer authority provided
under this heading is in addition to any other transfer
authority provided by law: Provided further, That, in
determining whether all wildfire suppression operations funds
appropriated under the heading ``Wildland Fire Management''
in this and prior appropriations Acts to either the
Department of Agriculture or the Department of the Interior
will be obligated within 30 days pursuant to the previous
proviso, any funds transferred or permitted to be transferred
pursuant to any other transfer authority provided by law
shall be excluded.
communications site administration
(including transfer of funds)
Amounts collected in this fiscal year pursuant to section
8705(f)(2) of the Agriculture Improvement Act of 2018 (Public
Law 115-334), shall be deposited in the special account
established by section 8705(f)(1) of such Act, shall be
available to cover the costs described in subsection (c)(3)
of such section of such Act, and shall remain available until
expended: Provided, That such amounts shall be transferred
to the ``National Forest System'' account.
administrative provisions--forest service
(including transfers of funds)
Appropriations to the Forest Service for the current fiscal
year shall be available for: (1) purchase of passenger motor
vehicles; acquisition of passenger motor vehicles from excess
sources, and hire of such vehicles; purchase, lease,
operation, maintenance, and acquisition of aircraft to
maintain the operable fleet for use in Forest Service
wildland fire programs and other Forest Service programs;
notwithstanding other provisions of law, existing aircraft
being replaced may be sold, with proceeds derived or trade-in
value used to offset the purchase price for the replacement
aircraft; (2) services pursuant to 7 U.S.C. 2225, and not to
exceed $100,000 for employment under 5 U.S.C. 3109; (3)
purchase, erection, and alteration of buildings and other
public improvements (7 U.S.C. 2250); (4) acquisition of land,
waters, and interests therein pursuant to 7 U.S.C. 428a; (5)
for expenses pursuant to the Volunteers in the National
Forest Act of 1972 (16 U.S.C. 558a, 558d, and 558a note); (6)
the cost of uniforms as authorized by 5 U.S.C. 5901-5902; and
(7) for debt collection contracts in accordance with 31
U.S.C. 3718(c).
Funds made available to the Forest Service in this Act may
be transferred between accounts affected by the Forest
Service budget restructure outlined in section 435 of
division D of the Further Consolidated Appropriations Act,
2020 (Public Law 116-94): Provided, That any transfer of
funds pursuant to this paragraph shall not increase or
decrease the funds appropriated to any account in this fiscal
year by more than ten percent: Provided further, That such
transfer authority is in addition to any other transfer
authority provided by law.
Any appropriations or funds available to the Forest Service
may be transferred to the Wildland Fire Management
appropriation for forest firefighting, emergency
rehabilitation of burned-over or damaged lands or waters
under its jurisdiction, and fire preparedness due to severe
burning conditions upon the Secretary of Agriculture's
notification of the House and Senate Committees on
Appropriations that all fire suppression funds appropriated
under the heading ``Wildland Fire Management'' will be
obligated within 30 days: Provided, That all funds used
pursuant to this paragraph must be replenished by a
supplemental appropriation which must be requested as
promptly as possible.
Not more than $50,000,000 of funds appropriated to the
Forest Service shall be available for expenditure or transfer
to the Department of the Interior for wildland fire
management, hazardous fuels management, and State fire
assistance when such transfers would facilitate and expedite
wildland fire management programs and projects.
Notwithstanding any other provision of this Act, the Forest
Service may transfer unobligated
[[Page H4007]]
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, such
transferred funds shall remain available through September
30, 2025: Provided, 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 U.S., private,
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), U.S. private sector firms,
institutions and organizations to provide technical
assistance and training programs overseas on forestry and
rangeland management.
Funds appropriated to the Forest Service shall be available
for expenditure or transfer to the Department of the
Interior, Bureau of Land Management, for removal,
preparation, and adoption of excess wild horses and burros
from National Forest System lands, and for the performance of
cadastral surveys to designate the boundaries of such lands.
None of the funds made available to the Forest Service in
this Act or any other Act with respect to any fiscal year
shall be subject to transfer under the provisions of section
702(b) of the Department of Agriculture Organic Act of 1944
(7 U.S.C. 2257), section 442 of Public Law 106-224 (7 U.S.C.
7772), or section 10417(b) of Public Law 107-171 (7 U.S.C.
8316(b)).
Not more than $82,000,000 of funds available to the Forest
Service shall be transferred to the Working Capital Fund of
the Department of Agriculture and not more than $14,500,000
of funds available to the Forest Service shall be transferred
to the Department of Agriculture for Department Reimbursable
Programs, commonly referred to as Greenbook charges. Nothing
in this paragraph shall prohibit or limit the use of
reimbursable agreements requested by the Forest Service in
order to obtain information technology services, including
telecommunications and system modifications or enhancements,
from the Working Capital Fund of the Department of
Agriculture.
Of the funds available to the Forest Service, up to
$5,000,000 shall be available for priority projects within
the scope of the approved budget, which shall be carried out
by the Youth Conservation Corps and shall be carried out
under the authority of the Public Lands Corps Act of 1993 (16
U.S.C. 1721 et seq.).
Of the funds available to the Forest Service, $4,000 is
available to the Chief of the Forest Service for official
reception and representation expenses.
Pursuant to sections 405(b) and 410(b) of Public Law 101-
593, of the funds available to the Forest Service, up to
$3,000,000 may be advanced in a lump sum to the National
Forest Foundation to aid conservation partnership projects in
support of the Forest Service mission, without regard to when
the Foundation incurs expenses, for projects on or
benefitting National Forest System lands or related to Forest
Service programs: Provided, That of the Federal funds made
available to the Foundation, no more than $300,000 shall be
available for administrative expenses: Provided further,
That the Foundation shall obtain, by the end of the period of
Federal financial assistance, private contributions to match
funds made available by the Forest Service on at least a one-
for-one basis: Provided further, That the Foundation may
transfer Federal funds to a Federal or a non-Federal
recipient for a project at the same rate that the recipient
has obtained the non-Federal matching funds.
Pursuant to section 2(b)(2) of Public Law 98-244, up to
$3,000,000 of the funds available to the Forest Service may
be advanced to the National Fish and Wildlife Foundation in a
lump sum to aid cost-share conservation projects, without
regard to when expenses are incurred, on or benefitting
National Forest System lands or related to Forest Service
programs: Provided, That such funds shall be matched on at
least a one-for-one basis by the Foundation or its sub-
recipients: Provided further, That the Foundation may
transfer Federal funds to a Federal or non-Federal recipient
for a project at the same rate that the recipient has
obtained the non-Federal matching funds.
Funds appropriated to the Forest Service shall be available
for interactions with and providing technical assistance to
rural communities and natural resource-based businesses for
sustainable rural development purposes.
Funds appropriated to the Forest Service shall be available
for payments to counties within the Columbia River Gorge
National Scenic Area, pursuant to section 14(c)(1) and (2),
and section 16(a)(2) of Public Law 99-663.
Any funds appropriated to the Forest Service may be used to
meet the non-Federal share requirement in section 502(c) of
the Older Americans Act of 1965 (42 U.S.C. 3056(c)(2)).
The Forest Service shall not assess funds for the purpose
of performing fire, administrative, and other facilities
maintenance and decommissioning.
Notwithstanding any other provision of law, of any
appropriations or funds available to the Forest Service, not
to exceed $500,000 may be used to reimburse the Office of the
General Counsel (OGC), Department of Agriculture, for travel
and related expenses incurred as a result of OGC assistance
or participation requested by the Forest Service at meetings,
training sessions, management reviews, land purchase
negotiations, and similar matters unrelated to civil
litigation. Future budget justifications for both the Forest
Service and the Department of Agriculture should clearly
display the sums previously transferred and the sums
requested for transfer.
An eligible individual who is employed in any project
funded under title V of the Older Americans Act of 1965 (42
U.S.C. 3056 et seq.) and administered by the Forest Service
shall be considered to be a Federal employee for purposes of
chapter 171 of title 28, United States Code.
Funds appropriated to the Forest Service shall be available
to pay, from a single account, the base salary and expenses
of employees who carry out functions funded by other accounts
for Enterprise Program, Geospatial Technology and
Applications Center, remnant Natural Resource Manager, and
National Technology and Development Program.
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Indian Health Service
indian health services
For expenses necessary to carry out the Act of August 5,
1954 (68 Stat. 674), the Indian Self-Determination and
Education Assistance Act, the Indian Health Care Improvement
Act, and titles II and III of the Public Health Service Act
with respect to the Indian Health Service, $5,799,102,000, to
remain available until September 30, 2023, except as
otherwise provided herein, together with payments received
during the fiscal year pursuant to sections 231(b) and 233 of
the Public Health Service Act (42 U.S.C. 238(b) and 238b),
for services furnished by the Indian Health Service:
Provided, That funds made available to tribes and tribal
organizations through contracts, grant agreements, or any
other agreements or compacts authorized by the Indian Self-
Determination and Education Assistance Act of 1975 (25 U.S.C.
450), shall be deemed to be obligated at the time of the
grant or contract award and thereafter shall remain available
to the tribe or tribal organization without fiscal year
limitation: Provided further, That $2,500,000 shall be
available for grants or contracts with public or private
institutions to provide alcohol or drug treatment services to
Indians, including alcohol detoxification services: Provided
further, That $1,191,824,000 for Purchased/Referred Care,
including $54,000,000 for the Indian Catastrophic Health
Emergency Fund, shall remain available until expended:
Provided further, That of the funds provided, up to
$54,800,000 shall remain available until expended for
implementation of the loan repayment program under section
108 of the Indian Health Care Improvement Act: Provided
further, That of the funds provided, $58,000,000 shall be for
costs related to or resulting from accreditation emergencies,
including supplementing activities funded under the heading
``Indian Health Facilities,'' of which up to $4,000,000 may
be used to supplement amounts otherwise available for
Purchased/Referred Care: Provided further, That the amounts
collected by the Federal Government as authorized by sections
104 and 108 of the Indian Health Care Improvement Act (25
U.S.C. 1613a and 1616a) during the preceding fiscal year for
breach of contracts shall be deposited in the Fund authorized
by section 108A of that Act (25 U.S.C. 1616a-1) and shall
remain available until expended and, notwithstanding section
108A(c) of that Act (25 U.S.C. 1616a-1(c)), funds shall be
available to make new awards under the loan repayment and
scholarship programs under sections 104 and 108 of that Act
(25 U.S.C. 1613a and 1616a): Provided further, That the
amounts made available within this account for the Substance
Abuse and Suicide Prevention Program, for Opioid Prevention,
Treatment and Recovery Services, for the Domestic Violence
Prevention Program, for the Zero Suicide Initiative, for the
housing subsidy authority for civilian employees, for
Aftercare Pilot Programs at Youth Regional Treatment Centers,
for transformation and modernization costs of the Indian
Health Service Electronic Health Record system, for national
quality and oversight activities, to improve collections from
public and private insurance at Indian Health Service and
tribally operated facilities, for an initiative to treat or
reduce the transmission of HIV and HCV, for a maternal health
initiative, for the Telebehaviorial Health Center of
Excellence, for Alzheimer's grants, for Village Built
Clinics, for a produce prescription pilot, and for
accreditation emergencies shall be allocated at the
discretion of the Director of the Indian Health Service and
shall remain available until expended: Provided further,
That funds provided in this Act may be used for annual
contracts and grants that fall within 2 fiscal years,
provided the total obligation is recorded in the year the
funds are appropriated: Provided further, That the amounts
collected by the Secretary of Health and Human Services under
the authority of title IV of the Indian Health Care
Improvement Act (25 U.S.C. 1613) shall remain available until
expended for the purpose of achieving compliance with the
applicable conditions and requirements of titles XVIII and
XIX of the Social Security Act, except for those related to
the planning, design, or construction of new facilities:
Provided further, That funding contained herein for
scholarship programs under the Indian Health Care Improvement
Act (25 U.S.C. 1613) shall remain available until expended:
Provided further, That amounts received by tribes and tribal
organizations under title IV of the Indian Health Care
Improvement Act shall be reported and accounted for and
available to the receiving tribes
[[Page H4008]]
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, $317,306,000 is
for the Indian Health Care Improvement Fund and may be used,
as needed, to carry out activities typically funded under the
Indian Health Facilities account: Provided further, That
none of the funds appropriated by this Act, or any other Act,
to the Indian Health Service for the Electronic Health Record
system shall be available for obligation or expenditure for
the selection or implementation of a new Information
Technology infrastructure system, unless the Committees on
Appropriations of the House of Representatives and the Senate
are consulted 90 days in advance of such obligation.
contract support costs
For payments to tribes and tribal organizations for
contract support costs associated with Indian Self-
Determination and Education Assistance Act agreements with
the Indian Health Service for fiscal year 2022, such sums as
may be necessary: Provided, That notwithstanding any other
provision of law, no amounts made available under this
heading shall be available for transfer to another budget
account: Provided further, That amounts obligated but not
expended by a tribe or tribal organization for contract
support costs for such agreements for the current fiscal year
shall be applied to contract support costs due for such
agreements for subsequent fiscal years.
payments for tribal leases
For payments to tribes and tribal organizations for leases
pursuant to section 105(l) of the Indian Self-Determination
and Education Assistance Act (25 U.S.C. 5324(l)) for fiscal
year 2022, such sums as may be necessary, which shall be
available for obligation through September 30, 2023:
Provided, That notwithstanding any other provision of law, no
amounts made available under this heading shall be available
for transfer to another budget account.
indian health facilities
For construction, repair, maintenance, demolition,
improvement, and equipment of health and related auxiliary
facilities, including quarters for personnel; preparation of
plans, specifications, and drawings; acquisition of sites,
purchase and erection of modular buildings, and purchases of
trailers; and for provision of domestic and community
sanitation facilities for Indians, as authorized by section 7
of the Act of August 5, 1954 (42 U.S.C. 2004a), the Indian
Self-Determination Act, and the Indian Health Care
Improvement Act, and for expenses necessary to carry out such
Acts and titles II and III of the Public Health Service Act
with respect to environmental health and facilities support
activities of the Indian Health Service, $1,285,064,000, 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 none of the funds
appropriated to the Indian Health Service may be used for
sanitation facilities construction for new homes funded with
grants by the housing programs of the United States
Department of Housing and Urban Development.
administrative provisions--indian health service
Appropriations provided in this Act to the Indian Health
Service shall be available for services as authorized by 5
U.S.C. 3109 at rates not to exceed the per diem rate
equivalent to the maximum rate payable for senior-level
positions under 5 U.S.C. 5376; hire of passenger motor
vehicles and aircraft; purchase of medical equipment;
purchase of reprints; purchase, renovation, and erection of
modular buildings and renovation of existing facilities;
payments for telephone service in private residences in the
field, when authorized under regulations approved by the
Secretary of Health and Human Services; uniforms, or
allowances therefor as authorized by 5 U.S.C. 5901-5902; and
for expenses of attendance at meetings that relate to the
functions or activities of the Indian Health Service:
Provided, That in accordance with the provisions of the
Indian Health Care Improvement Act, non-Indian patients may
be extended health care at all tribally administered or
Indian Health Service facilities, subject to charges, and the
proceeds along with funds recovered under the Federal Medical
Care Recovery Act (42 U.S.C. 2651-2653) shall be credited to
the account of the facility providing the service and shall
be available without fiscal year limitation: Provided
further, That notwithstanding any other law or regulation,
funds transferred from the Department of Housing and Urban
Development to the Indian Health Service shall be
administered under Public Law 86-121, the Indian Sanitation
Facilities Act and Public Law 93-638: Provided further, That
funds appropriated to the Indian Health Service in this Act,
except those used for administrative and program direction
purposes, shall not be subject to limitations directed at
curtailing Federal travel and transportation: Provided
further, That none of the funds made available to the Indian
Health Service in this Act shall be used for any assessments
or charges by the Department of Health and Human Services
unless identified in the budget justification and provided in
this Act, or approved by the House and Senate Committees on
Appropriations through the reprogramming process: Provided
further, That notwithstanding any other provision of law,
funds previously or herein made available to a tribe or
tribal organization through a contract, grant, or agreement
authorized by title I or title V of the Indian Self-
Determination and Education Assistance Act of 1975 (25 U.S.C.
450 et seq.), may be deobligated and reobligated to a self-
determination contract under title I, or a self-governance
agreement under title V of such Act and thereafter shall
remain available to the tribe or tribal organization without
fiscal year limitation: Provided further, That none of the
funds made available to the Indian Health Service in this Act
shall be used to implement the final rule published in the
Federal Register on September 16, 1987, by the Department of
Health and Human Services, relating to the eligibility for
the health care services of the Indian Health Service until
the Indian Health Service has submitted a budget request
reflecting the increased costs associated with the proposed
final rule, and such request has been included in an
appropriations Act and enacted into law: Provided further,
That with respect to functions transferred by the Indian
Health Service to tribes or tribal organizations, the Indian
Health Service is authorized to provide goods and services to
those entities on a reimbursable basis, including payments in
advance with subsequent adjustment, and the reimbursements
received therefrom, along with the funds received from those
entities pursuant to the Indian Self-Determination Act, may
be credited to the same or subsequent appropriation account
from which the funds were originally derived, with such
amounts to remain available until expended: Provided
further, That reimbursements for training, technical
assistance, or services provided by the Indian Health Service
will contain total costs, including direct, administrative,
and overhead costs associated with the provision of goods,
services, or technical assistance: Provided further, That
the Indian Health Service may provide to civilian medical
personnel serving in hospitals operated by the Indian Health
Service housing allowances equivalent to those that would be
provided to members of the Commissioned Corps of the United
States Public Health Service serving in similar positions at
such hospitals: Provided further, That the appropriation
structure for the Indian Health Service may not be altered
without advance notification to the House and Senate
Committees on Appropriations.
National Institutes of Health
national institute of environmental health sciences
For necessary expenses for the National Institute of
Environmental Health Sciences in carrying out activities set
forth in section 311(a) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C.
9660(a)) and section 126(g) of the Superfund Amendments and
Reauthorization Act of 1986, $83,540,000.
Agency for Toxic Substances and Disease Registry
toxic substances and environmental public health
For necessary expenses for the Agency for Toxic Substances
and Disease Registry (ATSDR) in carrying out activities set
forth in sections 104(i) and 111(c)(4) of the Comprehensive
Environmental Response, Compensation, and Liability Act of
1980 (CERCLA) and section 3019 of the Solid Waste Disposal
Act, $84,000,000: Provided, That notwithstanding any other
provision of law, in lieu of performing a health assessment
under section 104(i)(6) of CERCLA, the Administrator of ATSDR
may conduct other appropriate health studies, evaluations, or
activities, including, without limitation, biomedical
testing, clinical evaluations, medical monitoring, and
referral to accredited healthcare providers: Provided
further, That in performing any such health assessment or
health study, evaluation, or activity, the Administrator of
ATSDR shall not be bound by the deadlines in section
104(i)(6)(A) of CERCLA: Provided further, That none of the
funds appropriated under this heading shall be available for
ATSDR to issue in excess of 40 toxicological profiles
pursuant to section 104(i) of CERCLA during fiscal year 2022,
and existing profiles may be updated as necessary.
OTHER RELATED AGENCIES
Executive Office of the President
council on environmental quality and office of environmental quality
For necessary expenses to continue functions assigned to
the Council on Environmental Quality and Office of
Environmental Quality pursuant to the National Environmental
Policy Act of 1969, the Environmental Quality Improvement Act
of 1970, and Reorganization Plan No. 1 of 1977, and not to
exceed $750 for official reception and representation
expenses, $4,200,000: Provided, That notwithstanding section
202 of the National Environmental Policy Act of 1970, the
Council shall consist of one member, appointed by the
President, by and with the advice and consent of the Senate,
serving as chairman and exercising all powers, functions, and
duties of the Council.
Chemical Safety and Hazard Investigation Board
salaries and expenses
For necessary expenses in carrying out activities pursuant
to section 112(r)(6) of the Clean Air Act, including hire of
passenger vehicles, uniforms or allowances therefor, as
authorized by 5 U.S.C. 5901-5902, and for services authorized
by 5 U.S.C. 3109 but at rates for individuals
[[Page H4009]]
not to exceed the per diem equivalent to the maximum rate
payable for senior level positions under 5 U.S.C. 5376,
$13,400,000: Provided, That the Chemical Safety and Hazard
Investigation Board (Board) shall have not more than three
career Senior Executive Service positions: Provided further,
That notwithstanding any other provision of law, the
individual appointed to the position of Inspector General of
the Environmental Protection Agency (EPA) shall, by virtue of
such appointment, also hold the position of Inspector General
of the Board: Provided further, That notwithstanding any
other provision of law, the Inspector General of the Board
shall utilize personnel of the Office of Inspector General of
EPA in performing the duties of the Inspector General of the
Board, and shall not appoint any individuals to positions
within the Board.
Office of Navajo and Hopi Indian Relocation
salaries and expenses
For necessary expenses of the Office of Navajo and Hopi
Indian Relocation as authorized by Public Law 93-531,
$3,150,000, to remain available until expended, which shall
be derived from unobligated balances from prior year
appropriations available under this heading: Provided, That
funds provided in this or any other appropriations Act are to
be used to relocate eligible individuals and groups including
evictees from District 6, Hopi-partitioned lands residents,
those in significantly substandard housing, and all others
certified as eligible and not included in the preceding
categories: Provided further, That none of the funds
contained in this or any other Act may be used by the Office
of Navajo and Hopi Indian Relocation to evict any single
Navajo or Navajo family who, as of November 30, 1985, was
physically domiciled on the lands partitioned to the Hopi
Tribe unless a new or replacement home is provided for such
household: Provided further, That no relocatee will be
provided with more than one new or replacement home:
Provided further, That the Office shall relocate any
certified eligible relocatees who have selected and received
an approved homesite on the Navajo reservation or selected a
replacement residence off the Navajo reservation or on the
land acquired pursuant to section 11 of Public Law 93-531 (88
Stat. 1716).
Institute of American Indian and Alaska Native Culture and Arts
Development
payment to the institute
For payment to the Institute of American Indian and Alaska
Native Culture and Arts Development, as authorized by part A
of title XV of Public Law 99-498 (20 U.S.C. 4411 et seq.),
$11,772,000, which shall become available on July 1, 2022,
and shall remain available until September 30, 2023.
Smithsonian Institution
salaries and expenses
For necessary expenses of the Smithsonian Institution, as
authorized by law, including research in the fields of art,
science, and history; development, preservation, and
documentation of the National Collections; presentation of
public exhibits and performances; collection, preparation,
dissemination, and exchange of information and publications;
conduct of education, training, and museum assistance
programs; maintenance, alteration, operation, lease
agreements of no more than 30 years, and protection of
buildings, facilities, and approaches; not to exceed $100,000
for services as authorized by 5 U.S.C. 3109; and purchase,
rental, repair, and cleaning of uniforms for employees,
$872,000,000, to remain available until September 30, 2023,
except as otherwise provided herein; of which not to exceed
$12,798,000 for the instrumentation program, collections
acquisition, exhibition reinstallation, Smithsonian American
Women's History Museum, National Museum of the American
Latino, and the repatriation of skeletal remains program
shall remain available until expended; and including such
funds as may be necessary to support American overseas
research centers: Provided, That funds appropriated herein
are available for advance payments to independent contractors
performing research services or participating in official
Smithsonian presentations: Provided further, That the
Smithsonian Institution may expend Federal appropriations
designated in this Act for lease or rent payments, as rent
payable to the Smithsonian Institution, and such rent
payments may be deposited into the general trust funds of the
Institution to be available as trust funds for expenses
associated with the purchase of a portion of the building at
600 Maryland Avenue, SW, Washington, DC, to the extent that
federally supported activities will be housed there:
Provided further, That the use of such amounts in the general
trust funds of the Institution for such purpose shall not be
construed as Federal debt service for, a Federal guarantee
of, a transfer of risk to, or an obligation of the Federal
Government: Provided further, That no appropriated funds may
be used directly to service debt which is incurred to finance
the costs of acquiring a portion of the building at 600
Maryland Avenue, SW, Washington, DC, or of planning,
designing, and constructing improvements to such building:
Provided further, That any agreement entered into by the
Smithsonian Institution for the sale of its ownership
interest, or any portion thereof, in such building so
acquired may not take effect until the expiration of a 30 day
period which begins on the date on which the Secretary of the
Smithsonian submits to the Committees on Appropriations of
the House of Representatives and Senate, the Committees on
House Administration and Transportation and Infrastructure of
the House of Representatives, and the Committee on Rules and
Administration of the Senate a report, as outlined in the
explanatory statement described in section 4 of the Further
Consolidated Appropriations Act, 2020 (Public Law 116-94; 133
Stat. 2536) on the intended sale.
facilities capital
For necessary expenses of repair, revitalization, and
alteration of facilities owned or occupied by the Smithsonian
Institution, by contract or otherwise, as authorized by
section 2 of the Act of August 22, 1949 (63 Stat. 623), and
for construction, including necessary personnel,
$230,000,000, to remain available until expended, of which
not to exceed $10,000 shall be for services as authorized by
5 U.S.C. 3109.
National Gallery of Art
salaries and expenses
For the upkeep and operations of the National Gallery of
Art, the protection and care of the works of art therein, and
administrative expenses incident thereto, as authorized by
the Act of March 24, 1937 (50 Stat. 51), as amended by the
public resolution of April 13, 1939 (Public Resolution 9,
76th Congress), including services as authorized by 5 U.S.C.
3109; payment in advance when authorized by the treasurer of
the Gallery for membership in library, museum, and art
associations or societies whose publications or services are
available to members only, or to members at a price lower
than to the general public; purchase, repair, and cleaning of
uniforms for guards, and uniforms, or allowances therefor,
for other employees as authorized by law (5 U.S.C. 5901-
5902); purchase or rental of devices and services for
protecting buildings and contents thereof, and maintenance,
alteration, improvement, and repair of buildings, approaches,
and grounds; and purchase of services for restoration and
repair of works of art for the National Gallery of Art by
contracts made, without advertising, with individuals, firms,
or organizations at such rates or prices and under such terms
and conditions as the Gallery may deem proper, $157,500,000,
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
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, $26,000,000, to
remain available until expended: Provided, That of this
amount, $11,458,000 shall be available for design of an off-
site art storage facility in partnership with the Smithsonian
Institution: Provided further, That contracts awarded for
environmental systems, protection systems, and exterior
repair or renovation of buildings of the National Gallery of
Art may be negotiated with selected contractors and awarded
on the basis of contractor qualifications as well as price.
John F. Kennedy Center for the Performing Arts
operations and maintenance
For necessary expenses for the operation, maintenance, and
security of the John F. Kennedy Center for the Performing
Arts, $27,000,000, to remain available until September, 30,
2023.
capital repair and restoration
For necessary expenses for capital repair and restoration
of the existing features of the building and site of the John
F. Kennedy Center for the Performing Arts, $13,440,000, to
remain available until expended.
Woodrow Wilson International Center for Scholars
salaries and expenses
For expenses necessary in carrying out the provisions of
the Woodrow Wilson Memorial Act of 1968 (82 Stat. 1356)
including hire of passenger vehicles and services as
authorized by 5 U.S.C. 3109, $14,095,000, 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, $201,000,000
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, $201,000,000 to
remain available until expended, of which $185,400,000 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.
[[Page H4010]]
Administrative Provisions
None of the funds appropriated to the National Foundation
on the Arts and the Humanities may be used to process any
grant or contract documents which do not include the text of
18 U.S.C. 1913: Provided, That none of the funds
appropriated to the National Foundation on the Arts and the
Humanities may be used for official reception and
representation expenses: Provided further, That funds from
nonappropriated sources may be used as necessary for official
reception and representation expenses: Provided further,
That the Chairperson of the National Endowment for the Arts
may approve grants of up to $10,000, if in the aggregate the
amount of such grants does not exceed 5 percent of the sums
appropriated for grantmaking purposes per year: Provided
further, That such small grant actions are taken pursuant to
the terms of an expressed and direct delegation of authority
from the National Council on the Arts to the Chairperson.
Commission of Fine Arts
salaries and expenses
For expenses of the Commission of Fine Arts under chapter
91 of title 40, United States Code, $3,328,000: Provided,
That the Commission is authorized to charge fees to cover the
full costs of its publications, and such fees shall be
credited to this account as an offsetting collection, to
remain available until expended without further
appropriation: Provided further, That the Commission is
authorized to accept gifts, including objects, papers,
artwork, drawings and artifacts, that pertain to the history
and design of the Nation's Capital or the history and
activities of the Commission of Fine Arts, for the purpose of
artistic display, study, or education: Provided further,
That one-tenth of one percent of the funds provided under
this heading may be used for official reception and
representation expenses.
national capital arts and cultural affairs
For necessary expenses as authorized by Public Law 99-190
(20 U.S.C. 956a), $5,000,000.
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,
$8,382,000: Provided, That one-quarter of 1 percent of the
funds provided under this heading may be used for official
reception and representational expenses associated with
hosting international visitors engaged in the planning and
physical development of world capitals.
United States Holocaust Memorial Museum
holocaust memorial museum
For expenses of the Holocaust Memorial Museum, as
authorized by Public Law 106-292 (36 U.S.C. 2301-2310),
$62,616,000, of which $715,000 shall remain available until
September 30, 2024, for the Museum's equipment replacement
program; and of which $3,000,000 for the Museum's repair and
rehabilitation program and $1,264,000 for the Museum's
outreach initiatives program shall remain available until
expended.
Presidio Trust
For necessary expenses to carry out title I of the Omnibus
Parks and Public Lands Management Act of 1996 (Public Law
104-333), $40,000,000 shall be available to the Presidio
Trust, to remain available until expended.
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 114-196, as amended by Public Law
116-282, $8,000,000, to remain available until September 30,
2023.
TITLE IV
GENERAL PROVISIONS
(including transfers of funds)
restriction on use of funds
Sec. 401. No part of any appropriation contained in this
Act shall be available for any activity or the publication or
distribution of literature that in any way tends to promote
public support or opposition to any legislative proposal on
which Congressional action is not complete other than to
communicate to Members of Congress as described in 18 U.S.C.
1913.
obligation of appropriations
Sec. 402. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year unless expressly so provided herein.
disclosure of administrative expenses
Sec. 403. The amount and basis of estimated overhead
charges, deductions, reserves, or holdbacks, including
working capital fund and cost pool charges, from programs,
projects, activities and subactivities to support government-
wide, departmental, agency, or bureau administrative
functions or headquarters, regional, or central operations
shall be presented in annual budget justifications and
subject to approval by the Committees on Appropriations of
the House of Representatives and the Senate. Changes to such
estimates shall be presented to the Committees on
Appropriations for approval.
mining applications
Sec. 404. (a) Limitation of Funds.--None of the funds
appropriated or otherwise made available pursuant to this Act
shall be obligated or expended to accept or process
applications for a patent for any mining or mill site claim
located under the general mining laws.
(b) Exceptions.--Subsection (a) shall not apply if the
Secretary of the Interior determines that, for the claim
concerned: (1) a patent application was filed with the
Secretary on or before September 30, 1994; and (2) all
requirements established under sections 2325 and 2326 of the
Revised Statutes (30 U.S.C. 29 and 30) for vein or lode
claims, sections 2329, 2330, 2331, and 2333 of the Revised
Statutes (30 U.S.C. 35, 36, and 37) for placer claims, and
section 2337 of the Revised Statutes (30 U.S.C. 42) for mill
site claims, as the case may be, were fully complied with by
the applicant by that date.
(c) Report.--On September 30, 2023, the Secretary of the
Interior shall file with the House and Senate Committees on
Appropriations and the Committee on Natural Resources of the
House and the Committee on Energy and Natural Resources of
the Senate a report on actions taken by the Department under
the plan submitted pursuant to section 314(c) of the
Department of the Interior and Related Agencies
Appropriations Act, 1997 (Public Law 104-208).
(d) Mineral Examinations.--In order to process patent
applications in a timely and responsible manner, upon the
request of a patent applicant, the Secretary of the Interior
shall allow the applicant to fund a qualified third-party
contractor to be selected by the Director of the Bureau of
Land Management to conduct a mineral examination of the
mining claims or mill sites contained in a patent application
as set forth in subsection (b). The Bureau of Land Management
shall have the sole responsibility to choose and pay the
third-party contractor in accordance with the standard
procedures employed by the Bureau of Land Management in the
retention of third-party contractors.
contract support costs, prior year limitation
Sec. 405. Sections 405 and 406 of division F of the
Consolidated and Further Continuing Appropriations Act, 2015
(Public Law 113-235) shall continue in effect in fiscal year
2022.
contract support costs, fiscal year 2022 limitation
Sec. 406. Amounts provided by this Act for fiscal year
2022 under the headings ``Department of Health and Human
Services, Indian Health Service, Contract Support Costs'' and
``Department of the Interior, Bureau of Indian Affairs and
Bureau of Indian Education, Contract Support Costs'' are the
only amounts available for contract support costs arising out
of self-determination or self-governance contracts, grants,
compacts, or annual funding agreements for fiscal year 2022
with the Bureau of Indian Affairs, Bureau of Indian
Education, and the Indian Health Service: Provided, That
such amounts provided by this Act are not available for
payment of claims for contract support costs for prior years,
or for repayments of payments for settlements or judgments
awarding contract support costs for prior years.
forest management plans
Sec. 407. The Secretary of Agriculture shall not be
considered to be in violation of subparagraph 6(f)(5)(A) of
the Forest and Rangeland Renewable Resources Planning Act of
1974 (16 U.S.C. 1604(f)(5)(A)) solely because more than 15
years have passed without revision of the plan for a unit of
the National Forest System. Nothing in this section exempts
the Secretary from any other requirement of the Forest and
Rangeland Renewable Resources Planning Act (16 U.S.C. 1600 et
seq.) or any other law: Provided, That if the Secretary is
not acting expeditiously and in good faith, within the
funding available, to revise a plan for a unit of the
National Forest System, this section shall be void with
respect to such plan and a court of proper jurisdiction may
order completion of the plan on an accelerated basis.
prohibition within national monuments
Sec. 408. No funds provided in this Act may be expended to
conduct preleasing, leasing and related activities under
either the Mineral Leasing Act (30 U.S.C. 181 et seq.) or the
Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.)
within the boundaries of a National Monument established
pursuant to the Act of June 8, 1906 (16 U.S.C. 431 et seq.)
as such boundary existed on January 20, 2001, except where
such activities are allowed under the Presidential
proclamation establishing such monument.
limitation on takings
Sec. 409. Unless otherwise provided herein, no funds
appropriated in this Act for the acquisition of lands or
interests in lands may be expended for the filing of
declarations of taking or complaints in condemnation without
the approval of the House and Senate Committees on
Appropriations: Provided, That this provision shall not
apply to funds appropriated to implement the Everglades
National Park Protection and Expansion Act of 1989, or to
funds appropriated for Federal assistance to the State of
Florida to acquire lands for Everglades restoration purposes.
[[Page H4011]]
prohibition on no-bid contracts
Sec. 410. None of the funds appropriated or otherwise made
available by this Act to executive branch agencies may be
used to enter into any Federal contract unless such contract
is entered into in accordance with the requirements of
Chapter 33 of title 41, United States Code, or Chapter 137 of
title 10, United States Code, and the Federal Acquisition
Regulation, unless--
(1) Federal law specifically authorizes a contract to be
entered into without regard for these requirements, including
formula grants for States, or federally recognized Indian
tribes;
(2) such contract is authorized by the Indian Self-
Determination and Education Assistance Act (Public Law 93-
638, 25 U.S.C. 450 et seq.) or by any other Federal laws that
specifically authorize a contract within an Indian tribe as
defined in section 4(e) of that Act (25 U.S.C. 450b(e)); or
(3) such contract was awarded prior to the date of
enactment of this Act.
posting of reports
Sec. 411. (a) Any agency receiving funds made available in
this Act, shall, subject to subsections (b) and (c), post on
the public website of that agency any report required to be
submitted by the Congress in this or any other Act, upon the
determination by the head of the agency that it shall serve
the national interest.
(b) Subsection (a) shall not apply to a report if--
(1) the public posting of the report compromises national
security; or
(2) the report contains proprietary information.
(c) The head of the agency posting such report shall do so
only after such report has been made available to the
requesting Committee or Committees of Congress for no less
than 45 days.
national endowment for the arts grant guidelines
Sec. 412. Of the funds provided to the National Endowment
for the Arts--
(1) The Chairperson shall only award a grant to an
individual if such grant is awarded to such individual for a
literature fellowship, National Heritage Fellowship, or
American Jazz Masters Fellowship.
(2) The Chairperson shall establish procedures to ensure
that no funding provided through a grant, except a grant made
to a State or local arts agency, or regional group, may be
used to make a grant to any other organization or individual
to conduct activity independent of the direct grant
recipient. Nothing in this subsection shall prohibit payments
made in exchange for goods and services.
(3) No grant shall be used for seasonal support to a group,
unless the application is specific to the contents of the
season, including identified programs or projects.
national endowment for the arts program priorities
Sec. 413. (a) In providing services or awarding financial
assistance under the National Foundation on the Arts and the
Humanities Act of 1965 from funds appropriated under this
Act, the Chairperson of the National Endowment for the Arts
shall ensure that priority is given to providing services or
awarding financial assistance for projects, productions,
workshops, or programs that serve underserved populations.
(b) In this section:
(1) The term ``underserved population'' means a population
of individuals, including urban minorities, who have
historically been outside the purview of arts and humanities
programs due to factors such as a high incidence of income
below the poverty line or to geographic isolation.
(2) The term ``poverty line'' means the poverty line (as
defined by the Office of Management and Budget, and revised
annually in accordance with section 673(2) of the Community
Services Block Grant Act (42 U.S.C. 9902(2))) applicable to a
family of the size involved.
(c) In providing services and awarding financial assistance
under the National Foundation on the Arts and Humanities Act
of 1965 with funds appropriated by this Act, the Chairperson
of the National Endowment for the Arts shall ensure that
priority is given to providing services or awarding financial
assistance for projects, productions, workshops, or programs
that will encourage public knowledge, education,
understanding, and appreciation of the arts.
(d) With funds appropriated by this Act to carry out
section 5 of the National Foundation on the Arts and
Humanities Act of 1965--
(1) the Chairperson shall establish a grant category for
projects, productions, workshops, or programs that are of
national impact or availability or are able to tour several
States;
(2) the Chairperson shall not make grants exceeding 15
percent, in the aggregate, of such funds to any single State,
excluding grants made under the authority of paragraph (1);
(3) the Chairperson shall report to the Congress annually
and by State, on grants awarded by the Chairperson in each
grant category under section 5 of such Act; and
(4) the Chairperson shall encourage the use of grants to
improve and support community-based music performance and
education.
status of balances of appropriations
Sec. 414. The Department of the Interior, the
Environmental Protection Agency, the Forest Service, and the
Indian Health Service shall provide the Committees on
Appropriations of the House of Representatives and Senate
quarterly reports on the status of balances of appropriations
including all uncommitted, committed, and unobligated funds
in each program and activity within 60 days of enactment of
this Act.
extension of grazing permits
Sec. 415. The terms and conditions of section 325 of
Public Law 108-108 (117 Stat. 1307), regarding grazing
permits issued by the Forest Service on any lands not subject
to administration under section 402 of the Federal Lands
Policy and Management Act (43 U.S.C. 1752), shall remain in
effect for fiscal year 2022.
funding prohibition
Sec. 416. (a) None of the funds made available in this Act
may be used to maintain or establish a computer network
unless such network is designed to block access to
pornography websites.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, tribal, or local law
enforcement agency or any other entity carrying out criminal
investigations, prosecution, or adjudication activities.
humane transfer and treatment of animals
Sec. 417. (a) Notwithstanding any other provision of law,
the Secretary of the Interior, with respect to land
administered by the Bureau of Land Management, or the
Secretary of Agriculture, with respect to land administered
by the Forest Service (referred to in this section as the
``Secretary concerned''), may transfer excess wild horses and
burros that have been removed from land administered by the
Secretary concerned to other Federal, State, and local
government agencies for use as work animals.
(b) The Secretary concerned may make a transfer under
subsection (a) immediately on the request of a Federal,
State, or local government agency.
(c) An excess wild horse or burro transferred under
subsection (a) shall lose status as a wild free-roaming horse
or burro (as defined in section 2 of Public Law 92-195
(commonly known as the ``Wild Free-Roaming Horses and Burros
Act'') (16 U.S.C. 1332)).
(d) A Federal, State, or local government agency receiving
an excess wild horse or burro pursuant to subsection (a)
shall not--
(1) destroy the horse or burro in a manner that results in
the destruction of the horse or burro into a commercial
product;
(2) sell or otherwise transfer the horse or burro in a
manner that results in the destruction of the horse or burro
for processing into a commercial product; or
(3) euthanize the horse or burro, except on the
recommendation of a licensed veterinarian in a case of severe
injury, illness, or advanced age.
(e) Amounts appropriated by this Act shall not be available
for--
(1) the destruction of any healthy, unadopted, and wild
horse or burro under the jurisdiction of the Secretary
concerned (including a contractor); or
(2) the sale of a wild horse or burro that results in the
destruction of the wild horse or burro for processing into a
commercial product.
forest service facility realignment and enhancement authorization
extension
Sec. 418. Section 503(f) of Public Law 109-54 (16 U.S.C.
580d note) shall be applied by substituting ``September 30,
2022'' for ``September 30, 2019''.
use of american iron and steel
Sec. 419. (a)(1) None of the funds made available by a
State water pollution control revolving fund as authorized by
section 1452 of the Safe Drinking Water Act (42 U.S.C. 300j-
12) shall be used for a project for the construction,
alteration, maintenance, or repair of a public water system
or treatment works unless all of the iron and steel products
used in the project are produced in the United States.
(2) In this section, the term ``iron and steel'' products
means the following products made primarily of iron or steel:
lined or unlined pipes and fittings, manhole covers and other
municipal castings, hydrants, tanks, flanges, pipe clamps and
restraints, valves, structural steel, reinforced precast
concrete, and construction materials.
(b) Subsection (a) shall not apply in any case or category
of cases in which the Administrator of the Environmental
Protection Agency (in this section referred to as the
``Administrator'') finds that--
(1) applying subsection (a) would be inconsistent with the
public interest;
(2) iron and steel products are not produced in the United
States in sufficient and reasonably available quantities and
of a satisfactory quality; or
(3) inclusion of iron and steel products produced in the
United States will increase the cost of the overall project
by more than 25 percent.
(c) If the Administrator receives a request for a waiver
under this section, the Administrator shall make available to
the public on an informal basis a copy of the request and
information available to the Administrator concerning the
request, and shall allow for informal public input on the
request for at least 15 days prior to making a finding based
on the request. The Administrator shall make the request and
accompanying information available by electronic means,
including on the official public Internet Web site of the
Environmental Protection Agency.
(d) This section shall be applied in a manner consistent
with United States obligations under international
agreements.
(e) The Administrator may retain up to 0.25 percent of the
funds appropriated in this Act for the Clean and Drinking
Water State Revolving Funds for carrying out the provisions
described in subsection (a)(1) for management and oversight
of the requirements of this section.
local cooperator training agreements and transfers of excess equipment
and supplies for wildfires
Sec. 420. The Secretary of the Interior is authorized to
enter into grants and cooperative agreements with volunteer
fire departments, rural fire departments, rangeland fire
protection associations, and similar organizations to provide
for wildland fire training and equipment, including supplies
and communication devices. Notwithstanding section 121(c) of
title 40, United States Code, or section 521 of title 40,
[[Page H4012]]
United States Code, the Secretary is further authorized to
transfer title to excess Department of the Interior
firefighting equipment no longer needed to carry out the
functions of the Department's wildland fire management
program to such organizations.
recreation fees
Sec. 421. Section 810 of the Federal Lands Recreation
Enhancement Act (16 U.S.C. 6809) shall be applied by
substituting ``October 1, 2023'' for ``September 30, 2019''.
reprogramming guidelines
Sec. 422. None of the funds made available in this Act, in
this and prior fiscal years, may be reprogrammed without the
advance approval of the House and Senate Committees on
Appropriations in accordance with the reprogramming
procedures contained in the explanatory statement described
in section 4 of the Further Consolidated Appropriations Act,
2020 (Public Law 116-94; 133 Stat. 2536).
local contractors
Sec. 423. Section 412 of division E of Public Law 112-74
shall be applied by substituting ``fiscal year 2022'' for
``fiscal year 2019''.
shasta-trinity marina fee authority authorization extension
Sec. 424. Section 422 of division F of Public Law 110-161
(121 Stat 1844), as amended, shall be applied by substituting
``fiscal year 2022'' for ``fiscal year 2019''.
interpretive association authorization extension
Sec. 425. Section 426 of division G of Public Law 113-76
(16 U.S.C. 565a-1 note) shall be applied by substituting
``September 30, 2022'' for ``September 30, 2019''.
puerto rico schooling authorization extension
Sec. 426. The authority provided by the 19th unnumbered
paragraph under heading ``Administrative Provisions, Forest
Service'' in title III of Public Law 109-54, as amended,
shall be applied by substituting ``fiscal year 2022'' for
``fiscal year 2019''.
forest botanical products fee collection authorization extension
Sec. 427. Section 339 of the Department of the Interior
and Related Agencies Appropriations Act, 2000 (as enacted
into law by Public Law 106-113; 16 U.S.C. 528 note), as
amended by section 335(6) of Public Law 108-108 and section
432 of Public Law 113-76, shall be applied by substituting
``fiscal year 2022'' for ``fiscal year 2019''.
chaco canyon
Sec. 428. None of the funds made available by this Act may
be used to accept a nomination for oil and gas leasing under
43 CFR 3120.3 et seq, or to offer for oil and gas leasing,
any Federal lands within the withdrawal area identified on
the map of the Chaco Culture National Historical Park
prepared by the Bureau of Land Management and dated April 2,
2019, prior to the completion of the cultural resources
investigation identified in the explanatory statement
described in section 4 (in the matter preceding division A of
the Consolidated Appropriations Act, 2021 (Public Law 116-
260)).
tribal leases
Sec. 429. 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.
forest ecosystem health and recovery fund
Sec. 430. The authority provided under the heading
``Forest Ecosystem Health and Recovery Fund'' in title I of
Public Law 111-88, as amended by section 117 of division F of
Public Law 113-235, shall be applied by substituting ``fiscal
year 2022'' for ``fiscal year 2020'' each place it appears.
allocation of projects
Sec. 431. (a) Within 45 days of enactment of this Act, the
Secretary of the Interior shall allocate amounts available
from the National Parks and Public Land Legacy Restoration
Fund for fiscal year pursuant to subsection (c) of section
200402 of title 54, United States Code, and as provided in
subsection (e) of such section of such title, to the agencies
of the Department of the Interior and the Department of
Agriculture specified, in the amounts specified, and for the
projects and activities specified in the table titled
``Allocation of Funds from the National Parks and Public Land
Legacy Restoration Fund-Fiscal Year 2022'' in the report
accompanying this Act.
(b) 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 from the Land and Water Conservation Fund-Fiscal Year
2022'' in the report accompanying this Act.
(c) 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 amounts that are allocated by
subsections (a) and (b) of this section of this Act.
(d)(1) Concurrent with the annual budget submission of the
President for fiscal year 2023, the Secretary of the Interior
and the Secretary of Agriculture shall each submit to the
Committees on Appropriations of the House of Representatives
and the Senate 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.
(2) 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 paragraph (1) 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.
(3) Concurrent with the annual budget submission of the
President for fiscal year 2023, the Secretary of the Interior
and the Secretary of Agriculture shall each submit to the
Committees on Appropriations of the House of Representatives
and the Senate project data sheets in the same format and
containing the same level of detailed information that is
found on such sheets in the Budget Justifications annually
submitted by the Department of the Interior with the
President's Budget for the projects in the ``Submission of
Cost Estimates'' required by section 200303(c)(1) of title
54, United States Code, and in the same format and containing
the same level of detailed information that is found on such
sheets submitted to the Committees pursuant to section 427 of
division D of the Further Consolidated Appropriations Act,
2020 (Public Law 116-94) for the list of supplementary
allocations required by paragraph (1), and for the projects
in the ``Submission of Annual List of Projects to Congress''
required by section 200402(h) of title 54, United States
Code.
(e) The Department of the Interior and the Department of
Agriculture shall provide the Committees on Appropriations of
the House of Representatives and Senate quarterly reports on
the status of balances for amounts allocated pursuant to
subsections (a) and (b) of this section, including all
uncommitted, committed, and unobligated funds.
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) using the best available science, recognizes the
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 benefits 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.
incorporation of community project funding
Sec. 433. Within the amounts appropriated in the Act,
funding shall be allocated in the amounts specified for those
projects and purposes delineated in the table titled
``Incorporation of Community Project Funding'' included in
the report accompanying this Act.
facilities renovation for urban indian organizations to the extent
authorized for other government contractors
Sec. 434. The Secretary of Health and Human Services may
authorize an urban Indian organization (as defined in section
4 of the Indian Health Care Improvement Act (25 U.S.C. 1603))
that is awarded a grant or contract under title V of that Act
(25 U.S.C. 1651 et seq.) to use funds provided in such grant
or contract for minor renovations to facilities or
construction or expansion of facilities, including leased
facilities, to assist the urban Indian organization in
meeting or maintaining standards issued by Federal or State
governments or by accreditation organizations.
rainy river watershed
Sec. 435. None of the funds appropriated or otherwise made
available by this Act may be used to review or approve a mine
plan proposed within the Rainy River Watershed of the
Superior National Forest.
permit prohibition
Sec. 436. None of the funds made available by this Act may
be used to issue a permit for the import of a sport-hunted
trophy of an elephant or lion taken in Tanzania, Zimbabwe, or
Zambia. The limitation described in this section shall not
apply in the case of the administration of a tax or tariff.
tongass national forest
Sec. 437. None of the funds made available by this Act may
be used to plan, design, study, or
[[Page H4013]]
construct, for the purpose of harvesting timber by private
entities or individuals, a forest development road in the
Tongass National Forest.
This division may be cited as the ``Department of the
Interior, Environment, and Related Agencies Appropriations
Act, 2022''.
DIVISION F--MILITARY CONSTRUCTION, VETERANS AFFAIRS, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2022
TITLE I
DEPARTMENT OF DEFENSE
Military Construction, Army
For acquisition, construction, installation, and equipment
of temporary or permanent public works, military
installations, facilities, and real property for the Army as
currently authorized by law, including personnel in the Army
Corps of Engineers and other personal services necessary for
the purposes of this appropriation, and for construction and
operation of facilities in support of the functions of the
Commander in Chief, $898,692,000, to remain available until
September 30, 2026: Provided, That, of this amount, not to
exceed $181,649,000 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, $62,010,000 shall be for the
projects and activities, and in the amounts, specified under
the heading ``Military Construction, Army'' in the report to
accompany this Act, in addition to amounts otherwise
available for such purposes.
Military Construction, Navy and Marine Corps
For acquisition, construction, installation, and equipment
of temporary or permanent public works, naval installations,
facilities, and real property for the Navy and Marine Corps
as currently authorized by law, including personnel in the
Naval Facilities Engineering Command and other personal
services necessary for the purposes of this appropriation,
$1,937,428,000, to remain available until September 30, 2026:
Provided, That, of this amount, not to exceed $413,252,000
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,
$7,000,000 shall be for the projects and activities, and in
the amounts, specified under the heading ``Military
Construction, Navy and Marine Corps'' in the report to
accompany this 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, $1,893,690,000, to
remain available until September 30, 2026: Provided, That, of
this amount, not to exceed $279,301,000 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,
$82,000,000 shall be for the projects and activities, and in
the amounts, specified under the heading ``Military
Construction, Air Force'' in the report to accompany this
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, $2,023,416,000,
to remain available until September 30, 2026: Provided, That
such amounts of this appropriation as may be determined by
the Secretary of Defense may be transferred to such
appropriations of the Department of Defense available for
military construction or family housing as the Secretary may
designate, to be merged with and to be available for the same
purposes, and for the same time period, as the appropriation
or fund to which transferred: Provided further, That, of the
amount, not to exceed $261,313,000 shall be available for
study, planning, design, and architect and engineer services,
as authorized by law, unless the Secretary of Defense
determines that additional obligations are necessary for such
purposes and notifies the Committees on Appropriations of
both Houses of Congress of the determination and the reasons
therefor.
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,
$335,603,000, to remain available until September 30, 2026:
Provided, That, of the amount, not to exceed $72,000,000
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, $15,500,000 shall be for the projects and
activities, and in the amounts, specified under the heading
``Military Construction, Army National Guard'' in the report
to accompany this 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,
$246,770,000, to remain available until September 30, 2026:
Provided, That, of the amount, not to exceed $28,402,000
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,
$24,000,000 shall be for the projects and activities, and in
the amounts, specified under the heading ``Military
Construction, Air National Guard'' in the report to accompany
this Act, in addition to amounts otherwise available for such
purposes.
Military Construction, Army Reserve
For construction, acquisition, expansion, rehabilitation,
and conversion of facilities for the training and
administration of the Army Reserve as authorized by chapter
1803 of title 10, United States Code, and Military
Construction Authorization Acts, $77,411,000, to remain
available until September 30, 2026: Provided, That, of the
amount, not to exceed $12,167,000 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.
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, $84,804,000, to remain available until September 30,
2026: Provided, That, of the amount, not to exceed
$13,005,000 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, $104,574,000, to remain
available until September 30, 2026: Provided, That, of the
amount, not to exceed $12,330,000 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,
$8,700,000 shall be for the projects and activities, and in
the amounts, specified under the heading ``Military
Construction, Army'' in the report to accompany this Act, in
addition to amounts otherwise available for such purposes.
North Atlantic Treaty Organization
Security Investment Program
For the United States share of the cost of the North
Atlantic Treaty Organization Security Investment Program for
the acquisition and construction of military facilities and
installations (including international military headquarters)
and for related expenses for the collective defense of the
North Atlantic Treaty Area as authorized by section 2806 of
title 10, United States Code, and Military Construction
Authorization Acts, $205,853,000, 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),
$564,639,000, 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.
[[Page H4014]]
Family Housing Construction, Navy and Marine Corps
For expenses of family housing for the Navy and Marine
Corps for construction, including acquisition, replacement,
addition, expansion, extension, and alteration, as authorized
by law, $77,616,000, to remain available until September 30,
2026.
Family Housing Operation and Maintenance, Navy and Marine Corps
For expenses of family housing for the Navy and Marine
Corps for operation and maintenance, including debt payment,
leasing, minor construction, principal and interest charges,
and insurance premiums, as authorized by law, $357,341,000.
Family Housing Construction, Air Force
For expenses of family housing for the Air Force for
construction, including acquisition, replacement, addition,
expansion, extension, and alteration, as authorized by law,
$115,716,000, to remain available until September 30, 2026.
Family Housing Operation and Maintenance, Air Force
For expenses of family housing for the Air Force for
operation and maintenance, including debt payment, leasing,
minor construction, principal and interest charges, and
insurance premiums, as authorized by law, $325,445,000.
Family Housing Operation and Maintenance, Defense-Wide
For expenses of family housing for the activities and
agencies of the Department of Defense (other than the
military departments) for operation and maintenance, leasing,
and minor construction, as authorized by law, $49,785,000.
Department of Defense
Family Housing Improvement Fund
For the Department of Defense Family Housing Improvement
Fund, $6,081,000, to remain available until expended, for
family housing initiatives undertaken pursuant to section
2883 of title 10, United States Code, providing alternative
means of acquiring and improving military family housing and
supporting facilities.
Department of Defense
Military Unaccompanied Housing Improvement Fund
For the Department of Defense Military Unaccompanied
Housing Improvement Fund, $494,000, to remain available until
expended, for unaccompanied housing initiatives undertaken
pursuant to section 2883 of title 10, United States Code,
providing alternative means of acquiring and improving
military unaccompanied housing and supporting facilities.
Administrative Provisions
Sec. 101. None of the funds made available in this title
shall be expended for payments under a cost-plus-a-fixed-fee
contract for construction, where cost estimates exceed
$25,000, to be performed within the United States, except
Alaska, without the specific approval in writing of the
Secretary of Defense setting forth the reasons therefor.
Sec. 102. Funds made available in this title for
construction shall be available for hire of passenger motor
vehicles.
Sec. 103. Funds made available in this title for
construction may be used for advances to the Federal Highway
Administration, Department of Transportation, for the
construction of access roads as authorized by section 210 of
title 23, United States Code, when projects authorized
therein are certified as important to the national defense by
the Secretary of Defense.
Sec. 104. None of the funds made available in this title
may be used to begin construction of new bases in the United
States for which specific appropriations have not been made.
Sec. 105. None of the funds made available in this title
shall be used for purchase of land or land easements in
excess of 100 percent of the value as determined by the Army
Corps of Engineers or the Naval Facilities Engineering
Command, except: (1) where there is a determination of value
by a Federal court; (2) purchases negotiated by the Attorney
General or the designee of the Attorney General; (3) where
the estimated value is less than $25,000; or (4) as otherwise
determined by the Secretary of Defense to be in the public
interest.
Sec. 106. None of the funds made available in this title
shall be used to: (1) acquire land; (2) provide for site
preparation; or (3) install utilities for any family housing,
except housing for which funds have been made available in
annual Acts making appropriations for military construction.
Sec. 107. None of the funds made available in this title
for minor construction may be used to transfer or relocate
any activity from one base or installation to another,
without prior notification to the Committees on
Appropriations of both Houses of Congress.
Sec. 108. None of the funds made available in this title
may be used for the procurement of steel for any construction
project or activity for which American steel producers,
fabricators, and manufacturers have been denied the
opportunity to compete for such steel procurement.
Sec. 109. None of the funds available to the Department of
Defense for military construction or family housing during
the current fiscal year may be used to pay real property
taxes in any foreign nation.
Sec. 110. None of the funds made available in this title
may be used to initiate a new installation overseas without
prior notification to the Committees on Appropriations of
both Houses of Congress.
Sec. 111. None of the funds made available in this title
may be obligated for architect and engineer contracts
estimated by the Government to exceed $500,000 for projects
to be accomplished in Japan, in any North Atlantic Treaty
Organization member country, or in countries bordering the
Arabian Gulf, unless such contracts are awarded to United
States firms or United States firms in joint venture with
host nation firms.
Sec. 112. None of the funds made available in this title
for military construction in the United States territories
and possessions in the Pacific and on Kwajalein Atoll, or in
countries bordering the Arabian Gulf, may be used to award
any contract estimated by the Government to exceed $1,000,000
to a foreign contractor: Provided, That this section shall
not be applicable to contract awards for which the lowest
responsive and responsible bid of a United States contractor
exceeds the lowest responsive and responsible bid of a
foreign contractor by greater than 20 percent: Provided
further, That this section shall not apply to contract awards
for military construction on Kwajalein Atoll for which the
lowest responsive and responsible bid is submitted by a
Marshallese contractor.
Sec. 113. The Secretary of Defense shall inform the
appropriate committees of both Houses of Congress, including
the Committees on Appropriations, of plans and scope of any
proposed military exercise involving United States personnel
30 days prior to its occurring, if amounts expended for
construction, either temporary or permanent, are anticipated
to exceed $100,000.
Sec. 114. Funds appropriated to the Department of Defense
for construction in prior years shall be available for
construction authorized for each such military department by
the authorizations enacted into law during the current
session of Congress.
Sec. 115. For military construction or family housing
projects that are being completed with funds otherwise
expired or lapsed for obligation, expired or lapsed funds may
be used to pay the cost of associated supervision,
inspection, overhead, engineering and design on those
projects and on subsequent claims, if any.
Sec. 116. Notwithstanding any other provision of law, any
funds made available to a military department or defense
agency for the construction of military projects may be
obligated for a military construction project or contract, or
for any portion of such a project or contract, at any time
before the end of the fourth fiscal year after the fiscal
year for which funds for such project were made available, if
the funds obligated for such project: (1) are obligated from
funds available for military construction projects; and (2)
do not exceed the amount appropriated for such project, plus
any amount by which the cost of such project is increased
pursuant to law.
(including transfer of funds)
Sec. 117. Subject to 30 days prior notification, or 14
days for a notification provided in an electronic medium
pursuant to sections 480 and 2883 of title 10, United States
Code, to the Committees on Appropriations of both Houses of
Congress, such additional amounts as may be determined by the
Secretary of Defense may be transferred to: (1) the
Department of Defense Family Housing Improvement Fund from
amounts appropriated for construction in ``Family Housing''
accounts, to be merged with and to be available for the same
purposes and for the same period of time as amounts
appropriated directly to the Fund; or (2) the Department of
Defense Military Unaccompanied Housing Improvement Fund from
amounts appropriated for construction of military
unaccompanied housing in ``Military Construction'' accounts,
to be merged with and to be available for the same purposes
and for the same period of time as amounts appropriated
directly to the Fund: Provided, That appropriations made
available to the Funds shall be available to cover the costs,
as defined in section 502(5) of the Congressional Budget Act
of 1974, of direct loans or loan guarantees issued by the
Department of Defense pursuant to the provisions of
subchapter IV of chapter 169 of title 10, United States Code,
pertaining to alternative means of acquiring and improving
military family housing, military unaccompanied housing, and
supporting facilities.
(including transfer of funds)
Sec. 118. In addition to any other transfer authority
available to the Department of Defense, amounts may be
transferred from the Department of Defense Base Closure
Account to the fund established by section 1013(d) of the
Demonstration Cities and Metropolitan Development Act of 1966
(42 U.S.C. 3374) to pay for expenses associated with the
Homeowners Assistance Program incurred under 42 U.S.C.
3374(a)(1)(A). Any amounts transferred shall be merged with
and be available for the same purposes and for the same time
period as the fund to which transferred.
Sec. 119. Notwithstanding any other provision of law,
funds made available in this title for operation and
maintenance of family housing shall be the exclusive source
of funds for repair and maintenance of all family housing
units, including general or flag officer quarters: Provided,
That not more than $15,000 per unit may be spent annually for
the maintenance and repair of any general or flag officer
quarters without 30 days prior notification, or 14 days for a
notification provided in an electronic medium pursuant to
sections 480 and 2883 of title 10, United States Code, to the
Committees on Appropriations of both Houses of Congress,
except that an after-the-fact notification shall be submitted
if the limitation is exceeded solely due to costs associated
with environmental remediation that could not be reasonably
anticipated at the time of the budget submission.
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
[[Page H4015]]
transferred pursuant to subsection (i)(3) of such section.
(including transfer of funds)
Sec. 121. During the 5-year period after appropriations
available in this Act to the Department of Defense for
military construction and family housing operation and
maintenance and construction have expired for obligation,
upon a determination that such appropriations will not be
necessary for the liquidation of obligations or for making
authorized adjustments to such appropriations for obligations
incurred during the period of availability of such
appropriations, unobligated balances of such appropriations
may be transferred into the appropriation ``Foreign Currency
Fluctuations, Construction, Defense'', to be merged with and
to be available for the same time period and for the same
purposes as the appropriation to which transferred.
Sec. 122. 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. 123. All amounts appropriated to the ``Department of
Defense--Military Construction, Army'', ``Department of
Defense--Military Construction, Navy and Marine Corps'',
``Department of Defense--Military Construction, Air Force'',
and ``Department of Defense--Military Construction, Defense-
Wide'' accounts pursuant to the authorization of
appropriations in a National Defense Authorization Act
specified for fiscal year 2022 in the funding table in
section 4601 of that Act shall be immediately available and
allotted to contract for the full scope of authorized
projects.
Sec. 124. 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. 125. For an additional amount for the accounts and in
the amounts specified, to remain available until September
30, 2024:
``Military Construction, Army'', $54,200,000;
``Military Construction, Air Force'', $50,100,000;
``Family Housing Construction, Army'', $31,500,000; and
``Military Construction, Army Reserve'', $14,000,000:
Provided, That such funds may only be obligated to carry out
construction projects identified in the respective military
department's cost to complete projects list of previously
appropriated projects submitted to Congress: Provided
further, That such projects are subject to authorization
prior to obligation and expenditure of funds to carry out
construction: Provided further, That not later than 30 days
after enactment of this Act, the Secretary of the military
department concerned, or a duly authorized designee, shall
submit to the Committees on Appropriations of both Houses of
Congress an expenditure plan for funds provided under this
section.
Sec. 126. Notwithstanding any other provision of law, none
of the funds appropriated or otherwise made available by this
or any other Act may be used to consolidate or relocate any
element of a United States Air Force Rapid Engineer
Deployable Heavy Operational Repair Squadron Engineer (RED
HORSE) outside of the United States until the Secretary of
the Air Force: (1) completes an analysis and comparison of
the cost and infrastructure investment required to
consolidate or relocate a RED HORSE squadron outside of the
United States versus within the United States; (2) provides
to the Committees on Appropriations of both Houses of
Congress (``the Committees'') a report detailing the findings
of the cost analysis; and (3) certifies in writing to the
Committees that the preferred site for the consolidation or
relocation yields the greatest savings for the Air Force:
Provided, That the term ``United States'' in this section
does not include any territory or possession of the United
States.
Sec. 127. For an additional amount for the accounts and in
the amounts specified, for military construction and planning
and design for improving resilience and the effects of
climate change on military installations, to remain available
until September 30, 2026:
``Military Construction, Army'', $25,000,000;
``Military Construction, Navy and Marine Corps'',
$25,000,000;
``Military Construction, Air Force'', $25,000,000; and
``Military Construction, Defense-Wide'', $25,000,000:
Provided, That not later than 60 days after enactment of
this Act, the Secretary of the military department concerned,
or a duly authorized 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. 128. For an additional amount for the accounts and in
the amounts specified for child development centers, to
remain available until September 30, 2026:
``Military Construction, Army'', $72,000,000;
``Military Construction, Navy and Marine Corps'',
$11,000,000; and
``Military Construction, Air Force'', $64,000,000:
Provided, That such funds may only be obligated to carry out
construction projects and planning and design identified in
the respective military department's unfunded priority list
for fiscal year 2022 submitted to Congress: Provided
further, That not later than 60 days after enactment of this
Act, the Secretary of the military department concerned, or a
duly authorized designee, shall submit to the Committees on
Appropriations of both Houses of Congress an expenditure plan
for funds provided under this section.
Sec. 129. For an additional amount for the accounts and in
the amounts specified for barracks, to remain available until
September 30, 2026:
``Military Construction, Army'', $90,200,000;
``Military Construction, Army National Guard'',
$24,800,000; and
``Military Construction, Army Reserve'', $122,200,000:
Provided, That such funds may only be obligated to carry out
construction projects identified in the respective military
department's unfunded priority list for fiscal year 2022
submitted to Congress: Provided further, That not later than
60 days after enactment of this Act, the Secretary of the
military department concerned, or a duly authorized designee,
shall submit to the Committees on Appropriations of both
Houses of Congress an expenditure plan for funds provided
under this section.
Sec. 130. For an additional amount for ``Military
Construction, Navy and Marine Corps'', $225,000,000, 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 respective military department's unfunded priority list
for fiscal year 2022 submitted to Congress: Provided further,
That not later than 60 days after enactment of this Act, the
Secretary of the military department concerned, or a duly
authorized 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, Army National Guard'', $100,000,000, to remain
available until September 30, 2026, for construction
associated with the Army National Guard Transformation Plan:
Provided, That not later than 60 days after enactment of this
Act, the Secretary of the military department concerned, or a
duly authorized 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 expenses incurred as a result of
natural disasters, to remain available until September 30,
2026:
``Military Construction, Navy and Marine Corps'',
$62,966,000; and
``Military Construction, Air Force'', $100,000,000:
Provided, That not later than 60 days after enactment of
this Act, the Secretary of the military department concerned,
or a duly authorized designee, shall submit to the Committees
on Appropriations of both Houses of Congress an expenditure
plan for funds provided under this section.
Sec. 133. None of the funds made available by this Act may
be used to construct any facilities, nor obligate planning
and design, associated with Space Force until the Department
of Defense Office of Inspector General and the Government
Accountability Office complete the site selection reviews.
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, $7,347,837,000, 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, $147,569,474,000, which shall
become available on October 1, 2022, to remain available
until expended: Provided, That not to exceed $20,115,000 of
the amount made available for fiscal year 2023 under this
heading shall be reimbursed to ``General Operating Expenses,
Veterans Benefits Administration'', and ``Information
Technology Systems'' for necessary expenses in implementing
the provisions of chapters 51, 53, and 55 of title 38, United
States Code, the funding source for which is specifically
provided as the ``Compensation and Pensions'' appropriation:
Provided further, That such sums as may be earned on an
actual qualifying patient basis, shall be reimbursed to
``Medical Care Collections Fund'' to augment the funding of
individual medical facilities for nursing home care provided
to pensioners as authorized.
readjustment benefits
For the payment of readjustment and rehabilitation benefits
to or on behalf of veterans as authorized by chapters 21, 30,
31, 33, 34, 35, 36, 39, 41, 51, 53, 55, and 61 of title 38,
United States Code, $8,906,851,000, which shall become
available on October 1, 2022, to remain available until
expended: Provided, That expenses for rehabilitation program
services and assistance which the Secretary is authorized to
provide under subsection (a) of section 3104 of title 38,
[[Page H4016]]
United States Code, other than under paragraphs (1), (2),
(5), and (11) of that subsection, shall be charged to this
account.
veterans insurance and indemnities
For military and naval insurance, national service life
insurance, servicemen's indemnities, service-disabled
veterans insurance, and veterans mortgage life insurance as
authorized by chapters 19 and 21 of title 38, United States
Code, $109,865,000, which shall become available on October
1, 2022, to remain available until expended.
veterans housing benefit program fund
For the cost of direct and guaranteed loans, such sums as
may be necessary to carry out the program, as authorized by
subchapters I through III of chapter 37 of title 38, United
States Code: Provided, That such costs, including the cost of
modifying such loans, shall be as defined in section 502 of
the Congressional Budget Act of 1974: Provided further, That,
during fiscal year 2022, within the resources available, not
to exceed $500,000 in gross obligations for direct loans are
authorized for specially adapted housing loans.
In addition, for administrative expenses to carry out the
direct and guaranteed loan programs, $229,500,000.
vocational rehabilitation loans program account
For the cost of direct loans, $2,838, as authorized by
chapter 31 of title 38, United States Code: Provided, That
such costs, including the cost of modifying such loans, shall
be as defined in section 502 of the Congressional Budget Act
of 1974: Provided further, That funds made available under
this heading are available to subsidize gross obligations for
the principal amount of direct loans not to exceed
$1,662,758.
In addition, for administrative expenses necessary to carry
out the direct loan program, $429,467, which may be paid to
the appropriation for ``General Operating Expenses, Veterans
Benefits Administration''.
native american veteran housing loan program account
For administrative expenses to carry out the direct loan
program authorized by subchapter V of chapter 37 of title 38,
United States Code, $1,400,000.
general operating expenses, veterans benefits administration
For necessary operating expenses of the Veterans Benefits
Administration, not otherwise provided for, including hire of
passenger motor vehicles, reimbursement of the General
Services Administration for security guard services, and
reimbursement of the Department of Defense for the cost of
overseas employee mail, $3,419,400,000: Provided, That
expenses for services and assistance authorized under
paragraphs (1), (2), (5), and (11) of section 3104(a) of
title 38, United States Code, that the Secretary of Veterans
Affairs determines are necessary to enable entitled veterans:
(1) to the maximum extent feasible, to become employable and
to obtain and maintain suitable employment; or (2) to achieve
maximum independence in daily living, shall be charged to
this account: Provided further, That, of the funds made
available under this heading, not to exceed 10 percent shall
remain available until September 30, 2023.
Veterans Health Administration
medical services
For necessary expenses for furnishing, as authorized by
law, inpatient and outpatient care and treatment to
beneficiaries of the Department of Veterans Affairs and
veterans described in section 1705(a) of title 38, United
States Code, including care and treatment in facilities not
under the jurisdiction of the Department, and including
medical supplies and equipment, bioengineering services, food
services, and salaries and expenses of healthcare employees
hired under title 38, United States Code, assistance and
support services for caregivers as authorized by section
1720G of title 38, United States Code, loan repayments
authorized by section 604 of the Caregivers and Veterans
Omnibus Health Services Act of 2010 (Public Law 111-163; 124
Stat. 1174; 38 U.S.C. 7681 note), monthly assistance
allowances authorized by section 322(d) of title 38, United
States Code, grants authorized by section 521A of title 38,
United States Code, and administrative expenses necessary to
carry out sections 322(d) and 521A of title 38, United States
Code, and hospital care and medical services authorized by
section 1787 of title 38, United States Code; $100,000,000,
to remain available until September 30, 2023, which shall be
in addition to funds previously appropriated under this
heading that become available on October 1, 2021; and, in
addition, $70,323,116,000, plus reimbursements, shall become
available on October 1, 2022, and shall remain available
until September 30, 2023: Provided, That, of the amount made
available on October 1, 2022, under this heading,
$1,500,000,000 shall remain available until September 30,
2024: Provided further, That, notwithstanding any other
provision of law, the Secretary of Veterans Affairs shall
establish a priority for the provision of medical treatment
for veterans who have service-connected disabilities, lower
income, or have special needs: Provided further, That,
notwithstanding any other provision of law, the Secretary of
Veterans Affairs shall give priority funding for the
provision of basic medical benefits to veterans in enrollment
priority groups 1 through 6: Provided further, That,
notwithstanding any other provision of law, the Secretary of
Veterans Affairs may authorize the dispensing of prescription
drugs from Veterans Health Administration facilities to
enrolled veterans with privately written prescriptions based
on requirements established by the Secretary: Provided
further, That the implementation of the program described in
the previous proviso shall incur no additional cost to the
Department of Veterans Affairs: Provided further, That the
Secretary of Veterans Affairs shall ensure that sufficient
amounts appropriated under this heading for medical supplies
and equipment are available for the acquisition of
prosthetics designed specifically for female veterans.
medical community care
For necessary expenses for furnishing health care to
individuals pursuant to chapter 17 of title 38, United States
Code, at non-Department facilities, $3,269,000,000, which
shall be in addition to funds previously appropriated under
this heading that become available on October 1, 2021; and,
in addition, $24,156,659,000, plus reimbursements, shall
become available on October 1, 2022, and shall remain
available until September 30, 2023: Provided, That, of the
amount made available on October 1, 2022, under this heading,
$2,000,000,000 shall remain available until September 30,
2024.
medical support and compliance
For necessary expenses in the administration of the
medical, hospital, nursing home, domiciliary, construction,
supply, and research activities, as authorized by law;
administrative expenses in support of capital policy
activities; and administrative and legal expenses of the
Department for collecting and recovering amounts owed the
Department as authorized under chapter 17 of title 38, United
States Code, and the Federal Medical Care Recovery Act (42
U.S.C. 2651 et seq.), $9,673,409,000, plus reimbursements,
shall become available on October 1, 2022, and shall remain
available until September 30, 2023: Provided, That, of the
amount made available on October 1, 2022, under this heading,
$200,000,000 shall remain available until September 30, 2024.
medical facilities
For necessary expenses for the maintenance and operation of
hospitals, nursing homes, domiciliary facilities, and other
necessary facilities of the Veterans Health Administration;
for administrative expenses in support of planning, design,
project management, real property acquisition and
disposition, construction, and renovation of any facility
under the jurisdiction or for the use of the Department; for
oversight, engineering, and architectural activities not
charged to project costs; for repairing, altering, improving,
or providing facilities in the several hospitals and homes
under the jurisdiction of the Department, not otherwise
provided for, either by contract or by the hire of temporary
employees and purchase of materials; for leases of
facilities; and for laundry services; $7,133,816,000, plus
reimbursements, shall become available on October 1, 2022,
and shall remain available until September 30, 2023:
Provided, That, of the amount made available on October 1,
2022, under this heading, $350,000,000 shall remain available
until September 30, 2024.
medical and prosthetic research
For necessary expenses in carrying out programs of medical
and prosthetic research and development as authorized by
chapter 73 of title 38, United States Code, $902,000,000,
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, $392,000,000, of which not
to exceed 10 percent shall remain available until September
30, 2023.
Departmental Administration
general administration
(including transfer of funds)
For necessary operating expenses of the Department of
Veterans Affairs, not otherwise provided for, including
administrative expenses in support of Department-wide capital
planning, management and policy activities, uniforms, or
allowances therefor; not to exceed $25,000 for official
reception and representation expenses; hire of passenger
motor vehicles; and reimbursement of the General Services
Administration for security guard services, $396,911,000, 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''.
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.
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
[[Page H4017]]
costs associated with operations authorized by section 3109
of title 5, United States Code, $4,842,800,000, plus
reimbursements: Provided, That $1,414,215,000 shall be for
pay and associated costs, of which not to exceed 3 percent
shall remain available until September 30, 2023: Provided
further, That $3,131,585,000 shall be for operations and
maintenance, of which not to exceed 5 percent shall remain
available until September 30, 2023: Provided further, That
$297,000,000 shall be for information technology systems
development, and shall remain available until September 30,
2023: Provided further, That amounts made available for
salaries and expenses, operations and maintenance, and
information technology systems development may be transferred
among the three subaccounts after the Secretary of Veterans
Affairs requests from the Committees on Appropriations of
both Houses of Congress the authority to make the transfer
and an approval is issued: Provided further, That amounts
made available for the ``Information Technology Systems''
account for development may be transferred among projects or
to newly defined projects: Provided further, That no project
may be increased or decreased by more than $3,000,000 of cost
prior to submitting a request to the Committees on
Appropriations of both Houses of Congress to make the
transfer and an approval is issued, or absent a response, a
period of 30 days has elapsed: Provided further, That the
funds made available under this heading for information
technology systems development shall be for the projects, and
in the amounts, specified under this heading in the report
accompanying this 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, $2,637,000,000, to remain available until
September 30, 2024: Provided, That the Secretary of Veterans
Affairs shall submit to the Committees on Appropriations of
both Houses of Congress quarterly reports detailing
obligations, expenditures, and deployment implementation by
facility, including any changes from the deployment plan or
schedule: Provided further, That the funds provided in this
account shall only be available to the Office of the Deputy
Secretary, to be administered by that Office: Provided
further, That 25 percent of the funds made available under
this heading shall not be available until July 1, 2022, and
are contingent upon the Secretary of Veterans Affairs
providing a certification within 7 days prior to that date to
the Committees on Appropriations of any changes to the
deployment schedules.
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 $657,326,000 shall remain available
until September 30, 2026, and of which $953,674,000 shall
remain available until expended, of which $100,000,000 shall
be available for seismic improvement projects and seismic
program management activities, including for projects that
would otherwise be funded by the Construction, Minor
Projects, Medical Facilities or National Cemetery
Administration accounts: Provided, That except for advance
planning activities, including needs assessments which may or
may not lead to capital investments, and other capital asset
management related activities, including portfolio
development and management activities, and planning, cost
estimating, and design for major medical facility projects
and major medical facility leases and investment strategy
studies funded through the advance planning fund and the
planning and design activities funded through the design
fund, staffing expenses, and funds provided for the purchase,
security, and maintenance of land for the National Cemetery
Administration through the land acquisition line item, none
of the funds made available under this heading shall be used
for any project that has not been notified to Congress
through the budgetary process or that has not been approved
by the Congress through statute, joint resolution, or in the
explanatory statement accompanying such Act and presented to
the President at the time of enrollment: Provided further,
That such sums as may be necessary shall be available to
reimburse the ``General Administration'' account for payment
of salaries and expenses of all Office of Construction and
Facilities Management employees to support the full range of
capital infrastructure services provided, including minor
construction and leasing services: Provided further, That
funds made available under this heading for fiscal year 2022,
for each approved project shall be obligated: (1) by the
awarding of a construction documents contract by September
30, 2022; and (2) by the awarding of a construction contract
by September 30, 2023: Provided further, That the Secretary
of Veterans Affairs shall promptly submit to the Committees
on Appropriations of both Houses of Congress a written report
on any approved major construction project for which
obligations are not incurred within the time limitations
established above: Provided further, That notwithstanding the
requirements of section 8104(a) of title 38, United States
Code, amounts made available under this heading for seismic
improvement projects and seismic program management
activities shall be available for the completion of both new
and existing seismic projects of the Department.
construction, minor projects
For constructing, altering, extending, and improving any of
the facilities, including parking projects, under the
jurisdiction or for the use of the Department of Veterans
Affairs, including planning and assessments of needs which
may lead to capital investments, architectural and
engineering services, maintenance or guarantee period
services costs associated with equipment guarantees provided
under the project, services of claims analysts, offsite
utility and storm drainage system construction costs, and
site acquisition, or for any of the purposes set forth in
sections 316, 2404, 2406 and chapter 81 of title 38, United
States Code, not otherwise provided for, where the estimated
cost of a project is equal to or less than the amount set
forth in section 8104(a)(3)(A) of title 38, United States
Code, $553,000,000, of which $497,700,000 shall remain
available until September 30, 2026, and of which $55,300,000
shall remain available until expended, along with unobligated
balances of previous ``Construction, Minor Projects''
appropriations which are hereby made available for any
project where the estimated cost is equal to or less than the
amount set forth in such section: Provided, That funds made
available under this heading shall be for: (1) repairs to any
of the nonmedical facilities under the jurisdiction or for
the use of the Department which are necessary because of loss
or damage caused by any natural disaster or catastrophe; and
(2) temporary measures necessary to prevent or to minimize
further loss by such causes.
grants for construction of state extended care facilities
For grants to assist States to acquire or construct State
nursing home and domiciliary facilities and to remodel,
modify, or alter existing hospital, nursing home, and
domiciliary facilities in State homes, for furnishing care to
veterans as authorized by sections 8131 through 8137 of title
38, United States Code, $90,000,000, 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,
$47,097,000, to remain available until expended.
Administrative Provisions
(including transfer of funds)
Sec. 201. Any appropriation for fiscal year 2022 for
``Compensation and Pensions'', ``Readjustment Benefits'', and
``Veterans Insurance and Indemnities'' may be transferred as
necessary to any other of the mentioned appropriations:
Provided, That, before any such transfer may take place, the
Secretary of Veterans Affairs shall request from the
Committees on Appropriations of both Houses of Congress the
authority to make the transfer and such Committees issue an
approval, or absent a response, a period of 30 days has
elapsed.
(including transfer of funds)
Sec. 202. Amounts made available for the Department of
Veterans Affairs for fiscal year 2022, in this or any other
Act, under the ``Medical Services'', ``Medical Community
Care'', ``Medical Support and Compliance'', and ``Medical
Facilities'' accounts may be transferred among the accounts:
Provided, That any transfers among the ``Medical Services'',
``Medical Community Care'', and ``Medical Support and
Compliance'' accounts of 1 percent or less of the total
amount appropriated to the account in this or any other Act
may take place subject to notification from the Secretary of
Veterans Affairs to the Committees on Appropriations of both
Houses of Congress of the amount and purpose of the transfer:
Provided further, That any transfers among the ``Medical
Services'', ``Medical Community Care'', and ``Medical Support
and Compliance'' accounts in excess of 1 percent, or
exceeding the cumulative 1 percent for the fiscal year, may
take place only after the Secretary requests from the
Committees on Appropriations of both Houses of Congress the
authority to make the transfer and an approval is issued:
Provided further, That any transfers to or from the ``Medical
Facilities'' account may take place only after the Secretary
requests from the Committees on Appropriations of both Houses
of Congress the authority to make the transfer and an
approval is issued.
Sec. 203. Appropriations available in this title for
salaries and expenses shall be available for services
authorized by section 3109 of title 5, United States Code;
hire of passenger motor vehicles; lease of a facility or land
or both; and uniforms or allowances therefore, as authorized
by sections 5901 through 5902 of title 5, United States Code.
Sec. 204. No appropriations in this title (except the
appropriations for ``Construction, Major Projects'', and
``Construction, Minor Projects'') shall be available for the
purchase of any site for or toward the construction of any
new hospital or home.
Sec. 205. No appropriations in this title shall be
available for hospitalization or examination
[[Page H4018]]
of any persons (except beneficiaries entitled to such
hospitalization or examination under the laws providing such
benefits to veterans, and persons receiving such treatment
under sections 7901 through 7904 of title 5, United States
Code, or the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.)), unless
reimbursement of the cost of such hospitalization or
examination is made to the ``Medical Services'' account at
such rates as may be fixed by the Secretary of Veterans
Affairs.
Sec. 206. Appropriations available in this title for
``Compensation and Pensions'', ``Readjustment Benefits'', and
``Veterans Insurance and Indemnities'' shall be available for
payment of prior year accrued obligations required to be
recorded by law against the corresponding prior year accounts
within the last quarter of fiscal year 2021.
Sec. 207. Appropriations available in this title shall be
available to pay prior year obligations of corresponding
prior year appropriations accounts resulting from sections
3328(a), 3334, and 3712(a) of title 31, United States Code,
except that if such obligations are from trust fund accounts
they shall be payable only from ``Compensation and
Pensions''.
(including transfer of funds)
Sec. 208. Notwithstanding any other provision of law,
during fiscal year 2022, the Secretary of Veterans Affairs
shall, from the National Service Life Insurance Fund under
section 1920 of title 38, United States Code, the Veterans'
Special Life Insurance Fund under section 1923 of title 38,
United States Code, and the United States Government Life
Insurance Fund under section 1955 of title 38, United States
Code, reimburse the ``General Operating Expenses, Veterans
Benefits Administration'' and ``Information Technology
Systems'' accounts for the cost of administration of the
insurance programs financed through those accounts: Provided,
That reimbursement shall be made only from the surplus
earnings accumulated in such an insurance program during
fiscal year 2022 that are available for dividends in that
program after claims have been paid and actuarially
determined reserves have been set aside: Provided further,
That if the cost of administration of such an insurance
program exceeds the amount of surplus earnings accumulated in
that program, reimbursement shall be made only to the extent
of such surplus earnings: Provided further, That the
Secretary shall determine the cost of administration for
fiscal year 2022 which is properly allocable to the provision
of each such insurance program and to the provision of any
total disability income insurance included in that insurance
program.
Sec. 209. Amounts deducted from enhanced-use lease
proceeds to reimburse an account for expenses incurred by
that account during a prior fiscal year for providing
enhanced-use lease services, shall be available until
expended.
(including transfer of funds)
Sec. 210. Funds available in this title or funds for
salaries and other administrative expenses shall also be
available to reimburse the Office of Resolution Management,
Diversity and Inclusion, the Office of Employment
Discrimination Complaint Adjudication, and the Alternative
Dispute Resolution function within the Office of Human
Resources and Administration for all services provided at
rates which will recover actual costs but not to exceed
$78,417,225 for the Office of Resolution Management,
Diversity and Inclusion, $6,609,000 for the Office of
Employment Discrimination Complaint Adjudication, and
$3,822,000 for the Alternative Dispute Resolution function
within the Office of Human Resources and Administration:
Provided, That payments may be made in advance for services
to be furnished based on estimated costs: Provided further,
That amounts received shall be credited to the ``General
Administration'' and ``Information Technology Systems''
accounts for use by the office that provided the service.
Sec. 211. No funds of the Department of Veterans Affairs
shall be available for hospital care, nursing home care, or
medical services provided to any person under chapter 17 of
title 38, United States Code, for a non-service-connected
disability described in section 1729(a)(2) of such title,
unless that person has disclosed to the Secretary of Veterans
Affairs, in such form as the Secretary may require, current,
accurate third-party reimbursement information for purposes
of section 1729 of such title: Provided, That the Secretary
may recover, in the same manner as any other debt due the
United States, the reasonable charges for such care or
services from any person who does not make such disclosure as
required: Provided further, That any amounts so recovered for
care or services provided in a prior fiscal year may be
obligated by the Secretary during the fiscal year in which
amounts are received.
(including transfer of funds)
Sec. 212. Notwithstanding any other provision of law,
proceeds or revenues derived from enhanced-use leasing
activities (including disposal) may be deposited into the
``Construction, Major Projects'' and ``Construction, Minor
Projects'' accounts and be used for construction (including
site acquisition and disposition), alterations, and
improvements of any medical facility under the jurisdiction
or for the use of the Department of Veterans Affairs. Such
sums as realized are in addition to the amount provided for
in ``Construction, Major Projects'' and ``Construction, Minor
Projects''.
Sec. 213. Amounts made available under ``Medical
Services'' are available--
(1) for furnishing recreational facilities, supplies, and
equipment; and
(2) for funeral expenses, burial expenses, and other
expenses incidental to funerals and burials for beneficiaries
receiving care in the Department.
(including transfer of funds)
Sec. 214. Such sums as may be deposited in the Medical
Care Collections Fund pursuant to section 1729A of title 38,
United States Code, may be transferred to the ``Medical
Services'' and ``Medical Community Care'' accounts to remain
available until expended for the purposes of these accounts.
Sec. 215. The Secretary of Veterans Affairs may enter into
agreements with Federally Qualified Health Centers in the
State of Alaska and Indian tribes and tribal organizations
which are party to the Alaska Native Health Compact with the
Indian Health Service, to provide healthcare, including
behavioral health and dental care, to veterans in rural
Alaska. The Secretary shall require participating veterans
and facilities to comply with all appropriate rules and
regulations, as established by the Secretary. The term
``rural Alaska'' shall mean those lands which are not within
the boundaries of the municipality of Anchorage or the
Fairbanks North Star Borough.
(including transfer of funds)
Sec. 216. Such sums as may be deposited to the Department
of Veterans Affairs Capital Asset Fund pursuant to section
8118 of title 38, United States Code, may be transferred to
the ``Construction, Major Projects'' and ``Construction,
Minor Projects'' accounts, to remain available until expended
for the purposes of these accounts.
Sec. 217. Not later than 30 days after the end of each
fiscal quarter, the Secretary of Veterans Affairs shall
submit to the Committees on Appropriations of both Houses of
Congress a report on the financial status of the Department
of Veterans Affairs for the preceding quarter: Provided,
That, at a minimum, the report shall include the direction
contained in the paragraph entitled ``Quarterly reporting'',
under the heading ``General Administration'' in the joint
explanatory statement accompanying Public Law 114-223.
(including transfer of funds)
Sec. 218. Amounts made available under the ``Medical
Services'', ``Medical Community Care'', ``Medical Support and
Compliance'', ``Medical Facilities'', ``General Operating
Expenses, Veterans Benefits Administration'', ``Board of
Veterans Appeals'', ``General Administration'', and
``National Cemetery Administration'' accounts for fiscal year
2022 may be transferred to or from the ``Information
Technology Systems'' account: Provided, That such transfers
may not result in a more than 10 percent aggregate increase
in the total amount made available by this Act for the
``Information Technology Systems'' account: Provided
further, That, before a transfer may take place, the
Secretary of Veterans Affairs shall request from the
Committees on Appropriations of both Houses of Congress the
authority to make the transfer and an approval is issued.
(including transfer of funds)
Sec. 219. Of the amounts appropriated to the Department of
Veterans Affairs for fiscal year 2022 for ``Medical
Services'', ``Medical Community Care'', ``Medical Support and
Compliance'', ``Medical Facilities'', ``Construction, Minor
Projects'', and ``Information Technology Systems'', up to
$379,009,000, plus reimbursements, may be transferred to the
Joint Department of Defense--Department of Veterans Affairs
Medical Facility Demonstration Fund, established by section
1704 of the National Defense Authorization Act for Fiscal
Year 2010 (Public Law 111-84; 123 Stat. 3571) and may be used
for operation of the facilities designated as combined
Federal medical facilities as described by section 706 of the
Duncan Hunter National Defense Authorization Act for Fiscal
Year 2009 (Public Law 110-417; 122 Stat. 4500): Provided,
That additional funds may be transferred from accounts
designated in this section to the Joint Department of
Defense--Department of Veterans Affairs Medical Facility
Demonstration Fund upon written notification by the Secretary
of Veterans Affairs to the Committees on Appropriations of
both Houses of Congress: Provided further, That section 220
of title II of division J of Public Law 116-260 is repealed.
(including transfer of funds)
Sec. 220. Of the amounts appropriated to the Department of
Veterans Affairs which become available on October 1, 2022,
for ``Medical Services'', ``Medical Community Care'',
``Medical Support and Compliance'', and ``Medical
Facilities'', up to $323,242,000, plus reimbursements, may be
transferred to the Joint Department of Defense--Department of
Veterans Affairs Medical Facility Demonstration Fund,
established by section 1704 of the National Defense
Authorization Act for Fiscal Year 2010 (Public Law 111-84;
123 Stat. 3571) and may be used for operation of the
facilities designated as combined Federal medical facilities
as described by section 706 of the Duncan Hunter National
Defense Authorization Act for Fiscal Year 2009 (Public Law
110-417; 122 Stat. 4500): Provided, That additional funds may
be transferred from accounts designated in this section to
the Joint Department of Defense--Department of Veterans
Affairs Medical Facility Demonstration Fund upon written
notification by the Secretary of Veterans Affairs to the
Committees on Appropriations of both Houses of Congress.
(including transfer of funds)
Sec. 221. Such sums as may be deposited to 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
[[Page H4019]]
available: (1) for transfer to the Joint Department of
Defense--Department of Veterans Affairs Medical Facility
Demonstration Fund, established by section 1704 of the
National Defense Authorization Act for Fiscal Year 2010
(Public Law 111-84; 123 Stat. 3571); and (2) for operations
of the facilities designated as combined Federal medical
facilities as described by section 706 of the Duncan Hunter
National Defense Authorization Act for Fiscal Year 2009
(Public Law 110-417; 122 Stat. 4500): Provided, That,
notwithstanding section 1704(b)(3) of the National Defense
Authorization Act for Fiscal Year 2010 (Public Law 111-84;
123 Stat. 2573), amounts transferred to the Joint Department
of Defense--Department of Veterans Affairs Medical Facility
Demonstration Fund shall remain available until expended.
(including transfer of funds)
Sec. 222. Of the amounts available in this title for
``Medical Services'', ``Medical Community Care'', ``Medical
Support and Compliance'', and ``Medical Facilities'', a
minimum of $15,000,000 shall be transferred to the DOD-VA
Health Care Sharing Incentive Fund, as authorized by section
8111(d) of title 38, United States Code, to remain available
until expended, for any purpose authorized by section 8111 of
title 38, United States Code.
Sec. 223. The Secretary of Veterans Affairs shall notify
the Committees on Appropriations of both Houses of Congress
of all bid savings in a major construction project that total
at least $5,000,000, or 5 percent of the programmed amount of
the project, whichever is less: Provided, That such
notification shall occur within 14 days of a contract
identifying the programmed amount: Provided further, That the
Secretary shall notify the Committees on Appropriations of
both Houses of Congress 14 days prior to the obligation of
such bid savings and shall describe the anticipated use of
such savings.
Sec. 224. None of the funds made available for
``Construction, Major Projects'' may be used for a project in
excess of the scope specified for that project in the
original justification data provided to the Congress as part
of the request for appropriations unless the Secretary of
Veterans Affairs receives approval from the Committees on
Appropriations of both Houses of Congress.
Sec. 225. Not later than 30 days after the end of each
fiscal quarter, the Secretary of Veterans Affairs shall
submit to the Committees on Appropriations of both Houses of
Congress a quarterly report containing performance measures
and data from each Veterans Benefits Administration Regional
Office: Provided, That, at a minimum, the report shall
include the direction contained in the section entitled
``Disability claims backlog'', under the heading ``General
Operating Expenses, Veterans Benefits Administration'' in the
joint explanatory statement accompanying Public Law 114-223:
Provided further, That the report shall also include
information on the number of appeals pending at the Veterans
Benefits Administration as well as the Board of Veterans
Appeals on a quarterly basis.
Sec. 226. The Secretary of Veterans Affairs shall provide
written notification to the Committees on Appropriations of
both Houses of Congress 15 days prior to organizational
changes which result in the transfer of 25 or more full-time
equivalents from one organizational unit of the Department of
Veterans Affairs to another.
Sec. 227. The Secretary of Veterans Affairs shall provide
on a quarterly basis to the Committees on Appropriations of
both Houses of Congress notification of any single national
outreach and awareness marketing campaign in which
obligations exceed $1,000,000.
(including transfer of funds)
Sec. 228. The Secretary of Veterans Affairs, upon
determination that such action is necessary to address needs
of the Veterans Health Administration, may transfer to the
``Medical Services'' account any discretionary appropriations
made available for fiscal year 2022 in this title (except
appropriations made to the ``General Operating Expenses,
Veterans Benefits Administration'' account) or any
discretionary unobligated balances within the Department of
Veterans Affairs, including those appropriated for fiscal
year 2022, that were provided in advance by appropriations
Acts: Provided, That transfers shall be made only with the
approval of the Office of Management and Budget: Provided
further, That the transfer authority provided in this section
is in addition to any other transfer authority provided by
law: Provided further, That no amounts may be transferred
from amounts that were designated by Congress as an emergency
requirement pursuant to a concurrent resolution on the budget
or the Balanced Budget and Emergency Deficit Control Act of
1985: Provided further, That such authority to transfer may
not be used unless for higher priority items, based on
emergent healthcare requirements, than those for which
originally appropriated and in no case where the item for
which funds are requested has been denied by Congress:
Provided further, That, upon determination that all or part
of the funds transferred from an appropriation are not
necessary, such amounts may be transferred back to that
appropriation and shall be available for the same purposes as
originally appropriated: Provided further, That before a
transfer may take place, the Secretary of Veterans Affairs
shall request from the Committees on Appropriations of both
Houses of Congress the authority to make the transfer and
receive approval of that request.
(including transfer of funds)
Sec. 229. 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. 230. 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. 231. (a) The Secretary of Veterans Affairs shall
ensure that the toll-free suicide hotline under section
1720F(h) of title 38, United States Code--
(1) provides to individuals who contact the hotline
immediate assistance from a trained professional; and
(2) adheres to all requirements of the American Association
of Suicidology.
(b)(1) None of the funds made available by this Act may be
used to enforce or otherwise carry out any Executive action
that prohibits the Secretary of Veterans Affairs from
appointing an individual to occupy a vacant civil service
position, or establishing a new civil service position, at
the Department of Veterans Affairs with respect to such a
position relating to the hotline specified in subsection (a).
(2) In this subsection--
(A) the term ``civil service'' has the meaning given such
term in section 2101(1) of title 5, United States Code; and
(B) the term ``Executive action'' includes--
(i) any Executive order, Presidential memorandum, or other
action by the President; and
(ii) any agency policy, order, or other directive.
(c)(1) The Secretary of Veterans Affairs shall conduct a
study on the effectiveness of the hotline specified in
subsection (a) during the 5-year period beginning on January
1, 2016, based on an analysis of national suicide data and
data collected from such hotline.
(2) At a minimum, the study required by paragraph (1)
shall--
(A) determine the number of veterans who contact the
hotline specified in subsection (a) and who receive follow up
services from the hotline or mental health services from the
Department of Veterans Affairs thereafter;
(B) determine the number of veterans who contact the
hotline who are not referred to, or do not continue
receiving, mental health care who commit suicide; and
(C) determine the number of veterans described in
subparagraph (A) who commit or attempt suicide.
Sec. 232. Effective during the period beginning on October
1, 2018, and ending on January 1, 2024, none of the funds
made available to the Secretary of Veterans Affairs by this
or any other Act may be obligated or expended in
contravention of the ``Veterans Health Administration
Clinical Preventive Services Guidance Statement on the
Veterans Health Administration's Screening for Breast Cancer
Guidance'' published on May 10, 2017, as issued by the
Veterans Health Administration National Center for Health
Promotion and Disease Prevention.
Sec. 233. (a) Chapter 17 of title 38, United States Code,
is amended by inserting after section 1720J the following new
section:
``Sec. 1720K. Provision of assisted reproductive technology
or adoption reimbursements for certain disabled veterans
``(a) Provision of Services.--Subject to the availability
of appropriations, the Secretary may provide--
``(1) fertility counseling and treatment using assisted
reproductive technology to a covered veteran or the spouse of
a covered veteran; or
``(2) adoption reimbursement to a covered veteran.
``(b) Limitations.--Amounts made available for the purposes
specified in subsection (a) are subject to the requirements
for funds contained in section 508 of division H of the
Consolidated Appropriations Act, 2017 (Public Law 115-31).
``(c) Definitions.--In this section:
``(1) 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 section
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, as in effect on the date of the
enactment of this section.
``(2) 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, 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, as in effect on the date of
the enactment of this section, including any limitations on
the amount of such benefits available to such a member,
except that--
``(A) the periods regarding embryo cryopreservation and
storage set forth in part III(G) and in part IV(H) of the
first part IV 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.
``(3) The term `covered veteran' means a veteran who has a
service-connected disability that results in the inability of
the veteran to procreate without the use of fertility
treatment.''.
(b) The table of sections at the beginning of such chapter
is amended by inserting after the
[[Page H4020]]
item relating to section 1720J the following new item:
``1720K. Provision of assisted reproductive technology or adoption
reimbursements for certain disabled veterans.''.
Sec. 234. 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. 235. Section 842 of Public Law 109-115 shall not
apply to conversion of an activity or function of the
Veterans Health Administration, Veterans Benefits
Administration, or National Cemetery Administration to
contractor performance by a business concern that is at least
51 percent owned by one or more Indian tribes as defined in
section 5304(e) of title 25, United States Code, or one or
more Native Hawaiian Organizations as defined in section
637(a)(15) of title 15, United States Code.
Sec. 236. (a) Except as provided in subsection (b), the
Secretary of Veterans Affairs, in consultation with the
Secretary of Defense and the Secretary of Labor, shall
discontinue using Social Security account numbers to identify
individuals in all information systems of the Department of
Veterans Affairs as follows:
(1) For all veterans submitting to the Secretary of
Veterans Affairs new claims for benefits under laws
administered by the Secretary, not later than March 23, 2023.
(2) For all individuals not described in paragraph (1), not
later than March 23, 2026.
(b) The Secretary of Veterans Affairs may use a Social
Security account number to identify an individual in an
information system of the Department of Veterans Affairs if
and only if the use of such number is required to obtain
information the Secretary requires from an information system
that is not under the jurisdiction of the Secretary.
(c) The matter in subsections (a) and (b) shall supersede
section 238 of Public Law 116-94.
Sec. 237. For funds provided to the Department of Veterans
Affairs for each of fiscal year 2022 and 2023 for ``Medical
Services'', section 239 of division A of Public Law 114-223
shall apply.
Sec. 238. 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. 239. Of the funds provided to the Department of
Veterans Affairs for each of fiscal year 2022 and fiscal year
2023 for ``Medical Services'', funds may be used in each year
to carry out and expand the child care program authorized by
section 205 of Public Law 111-163, notwithstanding subsection
(e) of such section.
Sec. 240. None of the funds appropriated or otherwise made
available in this title may be used by the Secretary of
Veterans Affairs to enter into an agreement related to
resolving a dispute or claim with an individual that would
restrict in any way the individual from speaking to members
of Congress or their staff on any topic not otherwise
prohibited from disclosure by Federal law or required by
Executive order to be kept secret in the interest of national
defense or the conduct of foreign affairs.
Sec. 241. For funds provided to the Department of Veterans
Affairs for each of fiscal year 2022 and 2023, section 258 of
division A of Public Law 114-223 shall apply.
Sec. 242. (a) None of the funds appropriated or otherwise
made available by this Act may be used to deny an Inspector
General funded under this Act timely access to any records,
documents, or other materials available to the department or
agency of the United States Government over which such
Inspector General has responsibilities under the Inspector
General Act of 1978 (5 U.S.C. App.), or to prevent or impede
the access of such 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 of
such Inspector General.
(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 covered by this section shall
ensure compliance with statutory limitations on disclosure
relevant to the information provided by the department or
agency over which that Inspector General has responsibilities
under the Inspector General Act of 1978 (5 U.S.C. App.).
(d) Each Inspector General covered by this section shall
report to the Committee on Appropriations of the Senate and
the Committee on Appropriations of the House of
Representatives within 5 calendar days of any failure by any
department or agency covered by this section to comply with
this section.
Sec. 243. None of the funds made available in this Act may
be used in a manner that would increase wait times for
veterans who seek care at medical facilities of the
Department of Veterans Affairs.
Sec. 244. 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. 245. (a) Except as provided by subsection (b), none of
the funds made available by this Act may be used by the
Secretary of Veterans Affairs to purchase, breed, transport,
house, feed, maintain, dispose of, or experiment on, dogs or
cats as part of the conduct of any study including an
assignment of pain category D or E, as defined by the Pain
and Distress Categories of the Department of Agriculture (or
such successor categories developed pursuant to section 13 of
the Animal Welfare Act (7 U.S.C. 2143)).
(b) Subsection (a) shall not apply to training programs or
studies of service dogs described in section 1714 of title
38, United States Code, or section 17.148 of title 38, Code
of Federal Regulations.
Sec. 246. 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. 247. 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. 248. 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, $778,500,000
shall be made available for gender-specific care for women.
Sec. 249. By no later than October 1, 2021, the Secretary
shall commence site preparation for the Community-Based
Outpatient Clinic in Bakersfield, California in accordance
with Lease No. 36C10F20L0008.
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,
$88,100,000, to remain available until expended.
foreign currency fluctuations account
For necessary expenses, not otherwise provided for, of the
American Battle Monuments Commission, such sums as may be
necessary, to remain available until expended, for purposes
authorized by section 2109 of title 36, United States Code.
United States Court of Appeals for Veterans Claims
salaries and expenses
For necessary expenses for the operation of the United
States Court of Appeals for Veterans Claims as authorized by
sections 7251 through 7298 of title 38, United States Code,
$41,700,000: Provided, That $3,385,104 shall be available
for the purpose of providing financial assistance as
described and in accordance with the process and reporting
procedures set forth under this heading in Public Law 102-
229.
Department of Defense--Civil
Cemeterial Expenses, Army
salaries and expenses
For necessary expenses for maintenance, operation, and
improvement of Arlington National Cemetery and Soldiers' and
Airmen's Home National Cemetery, including the purchase or
lease of passenger motor vehicles for replacement on a one-
for-one basis only, and not to exceed $2,000 for official
reception and representation expenses, $87,000,000, of which
not to exceed $15,000,000 shall remain available until
September 30, 2024. In addition, such sums as may be
necessary for parking maintenance, repairs and replacement,
to be derived from the ``Lease of Department of Defense Real
Property for Defense Agencies'' account.
construction
For necessary expenses for planning and design and
construction at Arlington National Cemetery and Soldiers' and
Airmen's Home National Cemetery, $141,000,000, to remain
available until expended, for planning and design and
construction associated with the Southern Expansion project
at Arlington National Cemetery.
Armed Forces Retirement Home
trust fund
For expenses necessary for the Armed Forces Retirement Home
to operate and maintain the Armed Forces Retirement Home--
Washington, District of Columbia, and the Armed Forces
Retirement Home--Gulfport, Mississippi, to be paid from funds
available in the Armed Forces Retirement Home Trust Fund,
$77,000,000, to remain available until September 30, 2023, of
which $9,000,000 shall remain available until expended for
construction and renovation of the physical plants at the
Armed Forces Retirement Home--Washington, District of
Columbia, and
[[Page H4021]]
the Armed Forces Retirement Home--Gulfport, Mississippi:
Provided, That of the amounts made available under this
heading from funds available in the Armed Forces Retirement
Home Trust Fund, $25,000,000 shall be paid from the general
fund of the Treasury to the Trust Fund.
Administrative Provision
Sec. 301. Amounts deposited into the special account
established under 10 U.S.C. 7727 are appropriated and shall
be available until expended to support activities at the Army
National Military Cemeteries.
TITLE IV
GENERAL PROVISIONS
Sec. 401. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year unless expressly so provided herein.
Sec. 402. None of the funds made available in this Act may
be used for any program, project, or activity, when it is
made known to the Federal entity or official to which the
funds are made available that the program, project, or
activity is not in compliance with any Federal law relating
to risk assessment, the protection of private property
rights, or unfunded mandates.
Sec. 403. All departments and agencies funded under this
Act are encouraged, within the limits of the existing
statutory authorities and funding, to expand their use of
``E-Commerce'' technologies and procedures in the conduct of
their business practices and public service activities.
Sec. 404. Unless stated otherwise, all reports and
notifications required by this Act shall be submitted to the
Subcommittee on Military Construction and Veterans Affairs,
and Related Agencies of the Committee on Appropriations of
the House of Representatives and the Subcommittee on Military
Construction and Veterans Affairs, and Related Agencies of
the Committee on Appropriations of the Senate.
Sec. 405. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality
of the United States Government except pursuant to a transfer
made by, or transfer authority provided in, this or any other
appropriations Act.
Sec. 406. None of the funds made available in this Act may
be used for a project or program named for an individual
serving as a Member, Delegate, or Resident Commissioner of
the United States House of Representatives.
Sec. 407. (a) Any agency receiving funds made available in
this Act, shall, subject to subsections (b) and (c), post on
the public 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 confidential or proprietary
information.
(c) The head of the agency posting such report shall do so
only after such report has been made available to the
requesting Committee or Committees of Congress for no less
than 45 days.
Sec. 408. (a) None of the funds made available in this Act
may be used to maintain or establish a computer network
unless such network blocks the viewing, downloading, and
exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, tribal, or local law
enforcement agency or any other entity carrying out criminal
investigations, prosecution, or adjudication activities.
Sec. 409. None of the funds made available in this Act may
be used by an agency of the executive branch to pay for
first-class travel by an employee of the agency in
contravention of sections 301-10.122 through 301-10.124 of
title 41, Code of Federal Regulations.
Sec. 410. None of the funds made available in this Act may
be used to execute a contract for goods or services,
including construction services, where the contractor has not
complied with Executive Order No. 12989.
Sec. 411. None of the funds made available by this Act may
be used in contravention of section 101(e)(8) of title 10,
United States Code.
This division may be cited as the ``Military Construction,
Veterans Affairs, and Related Agencies Appropriations Act,
2022''.
DIVISION G--TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2022
TITLE I
DEPARTMENT OF TRANSPORTATION
Office of the Secretary
salaries and expenses
For necessary expenses of the Office of the Secretary,
$143,030,000: Provided, That the Secretary of Transportation
(referred to in this title as the ``Secretary'') is
authorized to transfer funds appropriated for any office of
the Office of the Secretary to any other office of the Office
of the Secretary: Provided further, That no appropriation
for any office shall be increased or decreased by more than 7
percent by all such transfers: Provided further, That notice
of any change in funding greater than 7 percent shall be
submitted for approval to the House and Senate Committees on
Appropriations: Provided further, That not to exceed $70,000
shall be for allocation within the Department for official
reception and representation expenses as the Secretary may
determine: Provided further, That notwithstanding any other
provision of law, there may be credited to this appropriation
up to $2,500,000 in funds received in user fees.
research and technology
For necessary expenses related to the Office of the
Assistant Secretary for Research and Technology, $57,000,000:
Provided, That of the amounts made available under this
heading, $50,000,000 shall remain available until expended,
of which $5,000,000 shall be for the Highly Automated Systems
Safety Center of Excellence established by section 105 of
title I of division H of the Further Consolidated
Appropriations Act, 2020 (Public Law 116-94) and of which not
more than $10,000,000 shall be for a clearinghouse for new
innovations in bridge technology: Provided further, That
there may be credited to this appropriation, to be available
until expended, funds received from states, counties,
municipalities, other public authorities, and private sources
for expenses incurred for training: Provided further, That
any reference in law, regulation, judicial proceedings, or
elsewhere to the Research and Innovative Technology
Administration shall continue to be deemed to be a reference
to the Office of the Assistant Secretary for Research and
Technology of the Department of Transportation.
national infrastructure investments
(including transfer of funds)
For capital investments in surface transportation
infrastructure, $1,200,000,000 to remain available until
expended: Provided, That the Secretary shall distribute
amounts made available under this heading as discretionary
grants to be awarded to a state, local or tribal government,
U.S. territory, transit agency, port authority, metropolitan
planning organization, political subdivision of a state or
local government, or a collaboration among such entities on a
competitive basis for projects that will have a significant
local or regional impact: Provided further, That projects
eligible for amounts made available under this heading shall
include, but not be limited to, highway or bridge projects
eligible under title 23, United States Code; public
transportation projects eligible under chapter 53 of title
49, United States Code; passenger and freight rail
transportation projects; port infrastructure investments
(including inland port infrastructure and land ports of
entry); and projects investing in surface transportation
facilities that are located on tribal land and for which
title or maintenance responsibility is vested in the Federal
Government: Provided further, That of the amount made
available under this heading, the Secretary shall use an
amount not more than $40,000,000 for the planning,
preparation, or design of projects eligible for amounts made
available under this heading, and shall prioritize transit,
transit oriented development, and multimodal projects:
Provided further, That of the amounts made available in the
previous proviso, not less than $20,000,000 shall be for
projects eligible for amounts made available under this
heading located in or to directly benefit areas of persistent
poverty and not less than $10,000,000 shall be for projects
in urbanized areas, as designated by the Bureau of the
Census, that had a population not greater than 2,000,000 in
the most recent decennial census: Provided further, That
grants awarded under the previous two provisos shall not be
subject to a minimum grant size: Provided further, That the
term ``areas of persistent poverty'' means any county that
has consistently had greater than or equal to 20 percent of
the population living in poverty during the 30-year period
preceding the date of enactment of this Act, as measured by
the 1990 and 2000 decennial census and the most recent annual
Small Area Income and Poverty Estimates as estimated by the
Bureau of the Census; any census tract with a poverty rate of
at least 20 percent as measured by the 2015-2019 5-year data
series available from the American Community Survey of the
Bureau of the Census; or any territory or possession of the
United States: Provided further, That the Secretary may use
up to 20 percent of the amounts made available under this
heading for the purpose of paying the subsidy and
administrative costs of projects eligible for Federal credit
assistance under chapter 6 of title 23, United States Code,
or sections 501 through 504 of the Railroad Revitalization
and Regulatory Reform Act of 1976 (Public Law 94-210), if the
Secretary finds that such use of the funds would advance the
purposes of this heading: Provided further, That in
distributing amounts made available under this heading, 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 shall be not less than $5,000,000 and not
greater than $100,000,000: Provided further, That not more
than 15 percent of the amounts made available under this
heading may be awarded to projects in a single state:
Provided further, That the Federal share of the costs for
which an amount is provided under this heading shall be, at
the option of the recipient, up to 80 percent: Provided
further, That 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
the Secretary shall give priority to projects that promote
connections amongst and between transportation modes
including improvements over small distances that complete or
expand transportation networks such as first and last mile
solutions, facilitate improved health outcomes for
communities, or decrease unequal access to mobility: Provided
further, That not less than 30 percent of the funds provided
under this heading shall be for projects located in rural
areas: Provided further, That an award under this heading is
a rural award if it is not to a project located within or on
the boundary of an urbanized area, as designated by the
Bureau of the Census, that had a population greater than
200,000 in the most recent decennial census: Provided
further, That for the purpose of determining if an award for
planning, preparation or design is a rural award, the project
location is the location of the project being planned,
prepared or designed: Provided
[[Page H4022]]
further, That for rural awards, the minimum grant size shall
be $1,000,000: Provided further, That for rural awards and
areas of persistent poverty awards the Secretary may increase
the Federal share of costs above 80 percent: Provided
further, That projects conducted using amounts made available
under this heading shall comply with the requirements of
subchapter IV of chapter 31 of title 40, United States Code:
Provided further, That the Secretary shall conduct a new
competition to select the grants and credit assistance
awarded under this heading: Provided further, That the
Secretary may retain up to 2 percent of the amounts made
available under this heading, and may transfer portions of
such amounts to the Administrators of the Federal Highway
Administration, the Federal Transit Administration, the
Federal Railroad Administration and the Maritime
Administration to fund the award and oversight of grants and
credit assistance made under the National Infrastructure
Investments program: Provided further, That the Secretary
shall apply to projects under this heading the Federal
requirements that the Secretary determines are appropriate
based on the purpose of the National Infrastructure
Investments program, the requirements expressly stated under
this heading, and the Federal requirements applicable to
comparable projects supported by other Department of
Transportation financial assistance programs, including
domestic preference requirements, contracting opportunities
for small and disadvantaged businesses, and labor
protections: Provided further, That the Secretary shall not
use the Federal share or an applicant's ability to generate
non-Federal revenue as a selection criteria in awarding
projects: Provided further, That the Secretary shall issue
the Notice of Funding Opportunity no later than 120 days
after enactment of this Act: Provided further, That such
Notice of Funding Opportunity shall require application
submissions 90 days after the publishing of such Notice:
Provided further, That of the applications submitted under
the previous two provisos, the Secretary shall make grants no
later than 330 days after enactment of this Act in such
amounts that the Secretary determines.
thriving communities initiative
(including transfer of funds)
For necessary expenses for a thriving communities program,
$100,000,000 to remain available until September 30, 2024:
Provided, That the Secretary of Transportation shall make
such amounts available for competitive grants or cooperative
agreements to develop and implement technical assistance,
planning, and capacity building to improve equity and foster
thriving communities through transportation improvements:
Provided further, That the Secretary shall award grants to or
enter into cooperative agreements with state, local, or
tribal governments, United States territories, metropolitan
planning organizations, or other political subdivisions of
state or local governments: Provided further, That to be
eligible for a grant or cooperative agreement under this
heading, a recipient shall engage in a public planning
process with residents, local businesses, nonprofit
organizations, and to the extent practicable, philanthropic
organizations, educational institutions, or other community
stakeholders: Provided further, That such grants and
cooperative agreements shall be for developing transportation
and community revitalization projects that increase mobility,
reduce pollution from transportation sources, including
greenhouse gas emissions, expand affordable transportation
options, and facilitate efficient land use: Provided further,
That such grants and cooperative agreements shall be for
transportation activities supported by the Department of
Transportation under titles 23, 46, and 49, United States
Code: Provided further, That the Secretary shall prioritize
projects that propose to preserve or expand jobs, improve
housing conditions, enhance connections to health care,
education, and food security and improve health outcomes:
Provided further, That the Secretary may give preference to
projects that remove or plan for the removal of
infrastructure barriers in communities that had unemployment
rates in 2020 at or above the national average, as defined by
the Bureau of the Census: Provided further, That the
Secretary shall prioritize awards that contribute to
community resiliency, reduce greenhouse gas emissions, and
facilitate sustainable infrastructure in communities that
have disproportionate rates of pollution and poor air
quality, overburdened communities (as defined by the
Administrator of the Environmental Protection Agency), or
communities experiencing disproportionate effects (as defined
by Executive Order 12898, relating to environmental justice):
Provided further, That funds made available under this
heading may be used for charging infrastructure along
corridor-ready or corridor-pending alternative fuel corridors
designated pursuant to section 151 of title 23, United States
Code: Provided further, That planning and technical
assistance made available under this heading shall include
early project work, feasibility studies, and other pre-design
work for capital projects eligible under titles 23, 46, and
49, United States Code: Provided further, That not more than
10 percent of the amounts made available under this heading
may be awarded to grantees in a single state: Provided
further, That the Secretary may retain up to 2 percent of the
amounts made available under this heading for necessary
administrative expenses of carrying out the provisions of
this heading: Provided further, That the Secretary shall
consult with the Secretaries of Housing and Urban
Development, Education, Labor, Health and Human Services, the
Chief of Engineers of the Army Corps of Engineers, and the
Administrator of the Environmental Protection Agency to
coordinate and leverage other appropriate Federal resources
prior to awarding grants or entering into cooperative
agreements using amounts made available under this heading:
Provided further, That such amounts and payments as may be
necessary to carry out the thriving communities program may
be transferred and credited to appropriate accounts of other
operating administrations within the Department of
Transportation: Provided further, That projects funded under
this heading shall be for not less than 90 percent of the net
total project cost.
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, $13,800,000, to remain available until
expended: Provided, That of the amounts made available under
this heading, $10,000,000 shall be for technical assistance
grants to areas of persistent poverty: Provided further, That
areas of persistent poverty means any county that has
consistently had 20 percent or more of the population living
in poverty over the 30 years preceding the date of enactment
of this Act, as measured by the 1990 and 2000 decennial
census and the most recent Small Area Income and Poverty
Estimates, any census tract with a poverty rate of at least
20 percent as measured by the 2014-2019 5-year data series
available from the American Community Survey of the Bureau of
the Census, or any territory or possession of the United
States: Provided further, That such technical assistance
grants shall be in the form of competitive grants to eligible
entities to support pre-construction activities including,
but not limited to, planning, engineering, design,
environmental work, feasibility studies, and financing plans
for eligible projects: Provided further, That eligible
entities for technical assistance grants under this heading
shall include state, local or tribal governments, transit
agencies, port authorities or commissions, metropolitan
planning organizations, other political subdivisions of state
or local governments, or collaborations among such entities,
that are located in areas of persistent poverty: Provided
further, That eligible projects for technical assistance
grants under this heading shall include, but not be limited
to, highway, bridge, or bicycle and pedestrian projects
eligible under title 23, United States Code; public
transportation projects eligible under chapter 53 of title
49, United States Code; passenger and freight rail
transportation projects; port infrastructure improvement
projects; airport improvement projects; and intermodal
projects: Provided further, That the Secretary of
Transportation shall conduct outreach to eligible entities
for technical assistance grants through personal contact,
webinars, web materials, or other appropriate methods
determined by the Secretary: Provided further, That the
Federal share of the costs for which an amount is provided
under this heading for technical assistance grants shall be,
at the option of the recipient, not less than 90 percent of
the net total project cost: Provided further, That for
technical assistance grants under this heading priority
consideration shall be, without regard to rural or urban
areas of persistent poverty, based on project justification
and demonstrated need: Provided further, 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
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), included in cohort 3, as defined by the Department
of Transportation's memorandum to the Office of Management
and Budget dated November 5, 2018, and executed in fiscal
year 2010, $5,000,000, to remain available until expended:
Provided, That for a direct loan included in such cohort 3
for such fiscal year that has satisfied all obligations
attached to such loan, the Secretary shall repay the credit
risk premiums of such loan, with interest accrued thereon,
not later than 60 days after the date of enactment of this
Act or, for a direct loan included in such cohort 3 for such
fiscal year 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:
Provided further, That the Secretary is authorized to issue
direct loans and loan guarantees pursuant to sections 501
through 504 of the Railroad Revitalization and Regulatory
Reform Act of 1976 (Public Law 94-210) and such authority
shall exist so 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
[[Page H4023]]
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,
$12,628,000.
transportation planning, research, and development
(including transfer of funds)
For necessary expenses for conducting transportation
planning, research, systems development, development
activities, and making grants, $11,297,000, to remain
available until expended: Provided, That of such amount,
$1,000,000 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.
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: Provided
further, That no funds made available by this Act to an
agency of the Department shall be transferred to the Working
Capital Fund without majority approval of the Working Capital
Fund Steering Committee and approval of the Secretary:
Provided further, That no assessments may be levied against
any program, budget activity, subactivity, or project funded
by this Act unless notice of such assessments and the basis
therefor are presented to the House and Senate Committees on
Appropriations and are approved by such Committees.
small and disadvantaged business utilization and outreach
For necessary expenses for small and disadvantaged business
utilization and outreach activities, $6,500,000, to remain
available until September 30, 2023: Provided, That
notwithstanding section 332 of title 49, United States Code,
such amounts may be used for business opportunities related
to any mode of transportation: Provided further, That
appropriations made available under this heading shall be
available for any purpose consistent with prior year
appropriations that were made available under the heading
``Office of the Secretary--Minority Business Resource Center
Program''.
payments to air carriers
(airport and airway trust fund)
In addition to funds made available from any other source
to carry out the essential air service program under sections
41731 through 41742 of title 49, United States Code,
$247,700,000, to be derived from the Airport and Airway Trust
Fund, to remain available until expended: Provided, That in
determining between or among carriers competing to provide
service to a community, the Secretary may consider the
relative subsidy requirements of the carriers: Provided
further, That basic essential air service minimum
requirements shall not include the 15-passenger capacity
requirement under section 41732(b)(3) of title 49, United
States Code: Provided further, That amounts authorized to be
distributed for the essential air service program under
section 41742(b) of title 49, United States Code, shall be
made available immediately from amounts otherwise provided to
the Administrator of the Federal Aviation Administration:
Provided further, That the Administrator may reimburse such
amounts from fees credited to the account established under
section 45303 of title 49, United States Code.
electric vehicle fleet
(including transfer of funds)
For necessary expenses to transition to the General
Services Administration's leased vehicle fleet, for the
purchase of electric passenger motor vehicles, and to provide
necessary charging infrastructure, $11,000,000, to remain
available until expended: Provided, That such amounts are in
addition to any other amounts available for such purposes:
Provided further, That amounts made available under this
heading may be transferred to other accounts of the
Department of Transportation for the purposes specified under
this heading: Provided further, That such transfer authority
is in addition to any other transfer authority provided by
law.
administrative provisions--office of the secretary of transportation
Sec. 101. None of the funds made available by this Act to
the Department of Transportation may be obligated for the
Office of the Secretary of Transportation to approve
assessments or reimbursable agreements pertaining to funds
appropriated to the operating administrations in this Act,
except for activities underway on the date of enactment of
this Act, unless such assessments or agreements have
completed the normal reprogramming process for congressional
notification.
Sec. 102. The Secretary shall post on the web site of the
Department of Transportation a schedule of all meetings of
the Council on Credit and Finance, including the agenda for
each meeting, and require the Council on Credit and Finance
to record the decisions and actions of each meeting.
Sec. 103. In addition to authority provided by section 327
of title 49, United States Code, the Department's Working
Capital Fund is authorized to provide partial or full
payments in advance and accept subsequent reimbursements from
all Federal agencies from available funds for transit benefit
distribution services that are necessary to carry out the
Federal transit pass transportation fringe benefit program
under Executive Order No. 13150 and section 3049 of SAFETEA-
LU (5 U.S.C. 7905 note): Provided, That the Department shall
maintain a reasonable operating reserve in the Working
Capital Fund, to be expended in advance to provide
uninterrupted transit benefits to Government employees:
Provided further, That such reserve shall not exceed 1 month
of benefits payable and may be used only for the purpose of
providing for the continuation of transit benefits: Provided
further, That the Working Capital Fund shall be fully
reimbursed by each customer agency from available funds for
the actual cost of the transit benefit.
Sec. 104. Receipts collected in the Department's Working
Capital Fund, as authorized by section 327 of title 49,
United States Code, for unused transit and van pool benefits,
in an amount not to exceed 10 percent of fiscal year 2022
collections, shall be available until expended in the
Department's Working Capital Fund to provide contractual
services in support of section 189 of this Act: Provided,
That obligations in fiscal year 2022 of such collections
shall not exceed $1,000,000.
Sec. 105. (a) Funds made available in division L of the
Consolidated Appropriations Act, 2014 (Public Law 113-76)
under the heading ``Department of Transportation--Office of
the Secretary--National Infrastructure Investments'' for
pedestrian safety and transit projects that were available
for obligation through fiscal year 2016 shall remain
available through fiscal year 2028 for the liquidation of
valid obligations incurred during fiscal years 2014 through
2016 of active grants awarded with such funds.
(b)(1) Subject to paragraph (2), this section shall become
effective immediately upon enactment of this Act.
(2) If this Act is enacted after September 30, 2021, this
section shall be applied as if it were in effect on September
30, 2021.
Sec. 106. None of the funds in this title may be obligated
or expended for retention or senior executive bonuses for an
employee of the Department of Transportation without the
prior written approval of the Assistant Secretary for
Administration.
Sec. 107. In addition to authority provided by section 327
of title 49, United States Code, the Department's
Administrative Working Capital Fund is hereby authorized to
transfer information technology equipment, software, and
systems from Departmental sources or other entities and
collect and maintain a reserve at rates which will return
full cost of transferred assets.
Sec. 108. None of the funds provided in this Act to the
Department of Transportation may be used to provide credit
assistance unless not less than 3 days before any application
approval to provide credit assistance under sections 603 and
604 of title 23, United States Code, the Secretary provides
notification in writing to the following committees: the
House and Senate Committees on Appropriations; the Committee
on Environment and Public Works and the Committee on Banking,
Housing and Urban Affairs of the Senate; and the Committee on
Transportation and Infrastructure of the House of
Representatives: Provided, That such notification shall
include, but not be limited to, the name of the project
sponsor; a description of the project; whether credit
assistance will be provided as a direct loan, loan guarantee,
or line of credit; and the amount of credit assistance.
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, $11,434,100,000, to
remain available until September 30, 2023, of which
$10,519,000,000 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) $8,489,585,000 shall be available for air traffic
organization activities;
(3) $32,470,000 shall be available for commercial space
transportation activities;
(4) $892,216,000 shall be available for finance and
management activities;
(5) $63,955,000 shall be available for NextGen and
operations planning activities;
(6) $139,466,000 shall be available for security and
hazardous materials safety; and
(7) $280,110,000 shall be available for staff offices:
Provided further, That not to exceed 5 percent of any
budget activity, except for aviation safety budget activity,
may be transferred to any budget activity under this heading:
Provided further, That no transfer may increase or decrease
any appropriation under this heading by more than 5 percent:
Provided further, That any transfer in excess of 5 percent
shall be treated as
[[Page H4024]]
a reprogramming of funds under section 405 of this Act and
shall not be available for obligation or expenditure except
in compliance with the procedures set forth in that section:
Provided further, That not later than 60 days after the
submission of the budget request, the Administrator of the
Federal Aviation Administration shall transmit to Congress an
annual update to the report submitted to Congress in December
2004 pursuant to section 221 of the Vision 100-Century of
Aviation Reauthorization Act (49 U.S.C. 40101 note):
Provided further, That the amounts made available under this
heading shall be reduced by $100,000 for each day after 60
days after the submission of the budget request that such
report has not been transmitted to Congress: Provided
further, That not later than 60 days after the submission of
the budget request, the Administrator shall transmit to
Congress a companion report that describes a comprehensive
strategy for staffing, hiring, and training flight standards
and aircraft certification staff in a format similar to the
one utilized for the controller staffing plan, including
stated attrition estimates and numerical hiring goals by
fiscal year: Provided further, That the amounts made
available under this heading shall be reduced by $100,000 for
each day after the date that is 60 days after the submission
of the budget request that such report has not been submitted
to Congress: Provided further, That funds may be used to
enter into a grant agreement with a nonprofit standard-
setting organization to assist in the development of aviation
safety standards: Provided further, That none of the funds
made available by this Act shall be available for new
applicants for the second career training program: Provided
further, That none of the funds made available by this Act
shall be available for the Federal Aviation Administration to
finalize or implement any regulation that would promulgate
new aviation user fees not specifically authorized by law
after the date of the enactment of this Act: Provided
further, That there may be credited to this appropriation, as
offsetting collections, funds received from States, counties,
municipalities, foreign authorities, other public
authorities, and private sources for expenses incurred in the
provision of agency services, including receipts for the
maintenance and operation of air navigation facilities, and
for issuance, renewal or modification of certificates,
including airman, aircraft, and repair station certificates,
or for tests related thereto, or for processing major repair
or alteration forms: Provided further, That of the amounts
made available under this heading, not less than $178,000,000
shall be used to fund direct operations of the current air
traffic control towers in the contract tower program,
including the contract tower cost share program, and any
airport that is currently qualified or that will qualify for
the program during the fiscal year: Provided further, That
none of the funds made available by this Act for aeronautical
charting and cartography are available for activities
conducted by, or coordinated through, the Working Capital
Fund: Provided further, That none of the funds appropriated
or otherwise made available by this Act or any other Act may
be used to eliminate the Contract Weather Observers program
at any airport.
facilities and equipment
(airport and airway trust fund)
For necessary expenses, not otherwise provided for, for
acquisition, establishment, technical support services,
improvement by contract or purchase, and hire of national
airspace systems and experimental facilities and equipment,
as authorized under part A of subtitle VII of title 49,
United States Code, including initial acquisition of
necessary sites by lease or grant; engineering and service
testing, including construction of test facilities and
acquisition of necessary sites by lease or grant;
construction and furnishing of quarters and related
accommodations for officers and employees of the Federal
Aviation Administration stationed at remote localities where
such accommodations are not available; and the purchase,
lease, or transfer of aircraft from funds made available
under this heading, including aircraft for aviation
regulation and certification; to be derived from the Airport
and Airway Trust Fund, $3,416,000,000, of which $550,000,000
is for personnel and related expenses and shall remain
available until September 30, 2023, $1,865,569,000 is for
equipment and shall remain available until September 30,
2024, and $1,000,431,000 is for facilities and shall remain
available until September 30, 2026: Provided, That there may
be credited to this appropriation funds received from States,
counties, municipalities, other public authorities, and
private sources, for expenses incurred in the establishment,
improvement, and modernization of national airspace systems:
Provided further, That not later than 60 days after
submission of the budget request, the Secretary of
Transportation shall transmit to the Congress an investment
plan for the Federal Aviation Administration which includes
funding for each budget line item for fiscal years 2023
through 2027, with total funding for each year of the plan
constrained to the funding targets for those years as
estimated and approved by the Office of Management and
Budget.
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,
$260,500,000, 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 report accompanying this Act:
Provided further, That not to exceed 10 percent of any
funding level specified under this heading in the report
accompanying this Act may be transferred to any other funding
level specified under this heading in the report accompanying
this Act: Provided further, That no transfer may increase or
decrease any funding level by more than 10 percent: Provided
further, That any transfer in excess of 10 percent shall be
treated as a reprogramming of funds under section 405 of this
Act and shall not be available for obligation or expenditure
except in compliance with the procedures set forth in that
section.
grants-in-aid for airports
(liquidation of contract authorization)
(limitation on obligations)
(airport and airway trust fund)
(including transfer of funds)
For liquidation of obligations incurred for grants-in-aid
for airport planning and development, and noise compatibility
planning and programs as authorized under subchapter I of
chapter 471 and subchapter I of chapter 475 of title 49,
United States Code, and under other law authorizing such
obligations; for procurement, installation, and commissioning
of runway incursion prevention devices and systems at
airports of such title; for grants authorized under section
41743 of title 49, United States Code; and for inspection
activities and administration of airport safety programs,
including those related to airport operating certificates
under section 44706 of title 49, United States Code,
$3,350,000,000, to be derived from the Airport and Airway
Trust Fund and to remain available until expended: Provided,
That none of the amounts made available under this heading
shall be available for the planning or execution of programs
the obligations for which are in excess of $3,350,000,000, in
fiscal year 2022, notwithstanding section 47117(g) of title
49, United States Code: Provided further, That none of the
amounts made available under this heading shall be available
for the replacement of baggage conveyor systems,
reconfiguration of terminal baggage areas, or other airport
improvements that are necessary to install bulk explosive
detection systems: Provided further, That notwithstanding
section 47109(a) of title 49, United States Code, the
Government's share of allowable project costs under paragraph
(2) of such section for subgrants or paragraph (3) of such
section shall be 95 percent for a project at other than a
large or medium hub airport that is a successive phase of a
multi-phased construction project for which the project
sponsor received a grant in fiscal year 2011 for the
construction project: Provided further, That notwithstanding
any other provision of law, of amounts limited under this
heading, not more than $127,165,000 shall be available for
administration, not less than $15,000,000 shall be available
for the Airport Cooperative Research Program, not less than
$40,961,000 shall be available for Airport Technology
Research, and $10,000,000, to remain available until
expended, shall be available and transferred to ``Office of
the Secretary, Salaries and Expenses'' to carry out the Small
Community Air Service Development Program: Provided further,
That in addition to airports eligible under section 41743 of
title 49, United States Code, such program may include the
participation of an airport that serves a community or
consortium that is not larger than a small hub airport,
according to FAA hub classifications effective at the time
the Office of the Secretary issues a request for proposals.
grants-in-aid for airports
For an additional amount for ``Grants-In-Aid for
Airports'', to enable the Secretary of Transportation to make
grants for projects as authorized by subchapter 1 of chapter
471 and subchapter 1 of chapter 475 of title 49, United
States Code, $400,000,000, to remain available through
September 30, 2024, of which $79,959,135 is for Community
Project Funding grants for the purposes, and in the amounts,
specified for this account in the table titled
``Incorporation of Community Project Funding'' included in
the report accompanying this Act: Provided, That amounts
made available under this heading shall be derived from the
general fund, and such amounts shall not be subject to
apportionment formulas, special apportionment categories, or
minimum percentages under chapter 471 of such title:
Provided further, That the Secretary shall distribute amounts
made available under this heading as discretionary grants to
airports: Provided further, That the amount 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
described 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
[[Page H4025]]
without cost building construction, maintenance, utilities
and expenses, or space in airport sponsor-owned buildings for
services relating to air traffic control, air navigation, or
weather reporting: Provided, That the prohibition on the use
of funds in this section does not apply to negotiations
between the agency and airport sponsors to achieve agreement
on ``below-market'' rates for these items or to grant
assurances that require airport sponsors to provide land
without cost to the Federal Aviation Administration for air
traffic control facilities.
Sec. 112. The Administrator of the Federal Aviation
Administration may reimburse amounts made available to
satisfy section 41742(a)(1) of title 49, United States Code,
from fees credited under section 45303 of title 49, United
States Code, and any amount remaining in such account at the
close of any fiscal year may be made available to satisfy
section 41742(a)(1) of title 49, United States Code, for the
subsequent fiscal year.
Sec. 113. Amounts collected under section 40113(e) of
title 49, United States Code, shall be credited to the
appropriation current at the time of collection, to be merged
with and available for the same purposes as such
appropriation.
Sec. 114. None of the funds made available by this Act
shall be available for paying premium pay under subsection
5546(a) of title 5, United States Code, to any Federal
Aviation Administration employee unless such employee
actually performed work during the time corresponding to such
premium pay.
Sec. 115. None of the funds made available by this Act may
be obligated or expended for an employee of the Federal
Aviation Administration to purchase a store gift card or gift
certificate through use of a Government-issued credit card.
Sec. 116. Notwithstanding any other provision of law, none
of the funds made available under this Act or any prior Act
may be used to implement or to continue to implement any
limitation on the ability of any owner or operator of a
private aircraft to obtain, upon a request to the
Administrator of the Federal Aviation Administration, a
blocking of that owner's or operator's aircraft registration
number, Mode S transponder code, flight identification, call
sign, or similar identifying information from any ground
based display to the public that would allow the real-time or
near real-time flight tracking of that aircraft's movements,
except data made available to a Government agency, for the
noncommercial flights of that owner or operator.
Sec. 117. None of the funds made available by this Act
shall be available for salaries and expenses of more than
nine political and Presidential appointees in the Federal
Aviation Administration.
Sec. 118. None of the funds made available by this Act may
be used to increase fees pursuant to section 44721 of title
49, United States Code, until the Federal Aviation
Administration provides to the House and Senate Committees on
Appropriations a report that justifies all fees related to
aeronautical navigation products and explains how such fees
are consistent with Executive Order No. 13642.
Sec. 119. None of the funds made available by this Act may
be used to close a regional operations center of the Federal
Aviation Administration or reduce its services unless the
Administrator notifies the House and Senate Committees on
Appropriations not less than 90 full business days in
advance.
Sec. 119A. None of the funds made available by or limited
by this Act may be used to change weight restrictions or
prior permission rules at Teterboro airport in Teterboro, New
Jersey.
Sec. 119B. None of the funds made available by this Act
may be used by the Administrator of the Federal Aviation
Administration to withhold from consideration and approval
any new application for participation in the Contract Tower
Program, or for reevaluation of Cost-share Program
participants so long as the Federal Aviation Administration
has received an application from the airport, and so long as
the Administrator determines such tower is eligible using the
factors set forth in Federal Aviation Administration
published establishment criteria.
Sec. 119C. None of the funds made available by this Act
may be used to open, close, redesignate as a lesser office,
or reorganize a regional office, the aeronautical center, or
the technical center unless the Administrator submits a
request for the reprogramming of funds under section 405 of
this Act.
Sec. 119D. Of the funds provided under the heading
``Grants-in-aid for Airports'', up to $4,000,000 shall be for
necessary expenses, including an independent verification
regime, to provide reimbursement to airport sponsors that do
not provide gateway operations, providers of general aviation
ground support services, or other aviation tenants located at
those airports closed during a temporary flight restriction
(TFR) for any residence of the President that is designated
or identified to be secured by the United States Secret
Service, and for direct and incremental financial losses
incurred while such airports are closed solely due to the
actions of the Federal Government: Provided, That no funds
shall be obligated or distributed to airport sponsors that do
not provide gateway operations and providers of general
aviation ground support services until an independent audit
is completed: Provided further, That losses incurred as a
result of violations of law, or through fault or negligence,
of such operators and service providers or of third parties
(including airports) are not eligible for reimbursements:
Provided further, That obligation and expenditure of funds
are conditional upon full release of the United States
Government for all claims for financial losses resulting from
such actions.
Federal Highway Administration
limitation on administrative expenses
(highway trust fund)
(including transfer of funds)
Not to exceed $492,000,000, 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 or transferred to the Appalachian Regional
Commission for administrative activities associated within
the Appalachian Development Highway System.
federal-aid highways
(limitation on obligations)
(highway trust fund)
Funds available for the implementation or execution of
Federal-aid highway and highway safety construction programs
authorized under titles 23 and 49, United States Code, and
the provisions of the Fixing America's Surface Transportation
Act (Public Law 114-94), or any successor surface
transportation reauthorization Act authorizing appropriations
for fiscal year 2022, shall not exceed total obligations of
$61,143,102,951 for fiscal year 2022.
(liquidation of contract authorization)
(highway trust fund)
For the payment of obligations incurred in carrying out
Federal-aid highway and highway safety construction programs
authorized under title 23, United States Code,
$61,882,102,951 derived from the Highway Trust Fund (other
than the Mass Transit Account), to remain available until
expended.
highway infrastructure programs
There is hereby appropriated to the Secretary $592,000,000:
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; or (2) the Appalachian
Development Highway System as authorized under section
1069(y) of the Intermodal Surface Transportation Efficiency
Act of 1991 (Public Law 102-240), and shall not affect the
distribution or amount of funds provided in any other Act:
Provided further, That section 1101(b) of the FAST Act
(Public Law 114-94) 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: Provided further, That
of the funds made available under this heading--
(1) Not more than $427,500,000 shall be for the purposes,
and in the amounts, specified for local transportation
priorities in the table titled ``Incorporation of Community
Project Funding'' included in the report accompanying this
Act;
(2) $51,200,000 shall be for necessary expenses for
construction of the Appalachian Development Highway System as
authorized under section 1069(y) of the Intermodal
Transportation Efficiency Act of 1991 (Public Law 102-240);
(3) $3,150,000 shall be for activities eligible under the
Puerto Rico Highway Program as described in section
165(b)(2)(C) of title 23, United States Code;
(4) $650,000 shall be for activities eligible under the
Territorial Highway Program, as described in section
165(c)(6) of title 23, United States Code;
(5) $45,000,000 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);
(6) $20,000,000 shall be for activities eligible under the
tribal transportation program as described in section 202 of
title 23, United States Code;
(7) $15,000,000 shall be for competitive grants to State
and Local governments to develop and expand the capacity to
use and deploy Advanced Digital Construction Management
Systems: Provided, That the minimum grant amount shall be
$500,000;
(8) $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);
(9) $2,000,000 shall be for research that leads to
decreases in highway and pedestrian fatalities among Tribal
populations;
(10) $7,500,000 shall be for a cooperative agreement to
conduct a comprehensive analysis of highway corridors from
ports of entry to inland ports; and
(11) $5,000,000 shall be for a cooperative series of
agreements to examine the impacts of culverts, roads, and
bridges on threatened or endangered salmon populations:
Provided further, That, except as otherwise provided under
this heading, funds made available under paragraph (1) shall
be administered as if apportioned under chapter 1 of title
23, United States Code: Provided further, That funds made
available under paragraph (1) 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), (d), and
(e) of section 202 of such title shall not apply to such
funds: Provided further, That of the funds made available
under this heading, the Federal Highway Administration may
retain an amount of $3,000,000, to remain available until
expended, to fund the oversight of projects carried out with
funds made available under such paragraph: Provided further,
That funds made available under paragraphs (1), (2), (7),
(8), (9), (10), and (11) shall remain available until
expended: Provided further, That for funds made available
under paragraphs (2), (3), (4), (6), (7), (8), (9), (10), and
(11), the Federal share of the costs shall be, at the option
of the recipient, up to 100 percent: Provided further, That
except as provided in the preceding or following proviso, the
funds made available under this heading for activities
eligible under the
[[Page H4026]]
Puerto Rico Highway Program and activities eligible under the
Territorial Highway Program shall be administered as if
allocated under sections 165(b) and 165(c), respectively, of
title 23, United States Code: Provided further, That the
funds made available under this heading for activities
eligible under the Puerto Rico Highway Program shall not be
subject to the requirements of sections 165(b)(2)(A) or
165(b)(2)(B) of such title: Provided further, That the funds
made available for the tribal transportation program shall be
distributed in the manner described in section
202(b)(3)(A)(i)(IV) of such title, except that the set-asides
described in subparagraph (C) of section 202(b)(3) of such
title and subsections (a)(6), (c), (d), and (e) of section
202 of such title shall not apply to funds made available
under this heading: Provided further, That for the purposes
of funds made available under this heading for construction
of the Appalachian Development Highway System (hereinafter
referred to as ``ADHS''), the term ``Appalachian State''
means a State that contains one 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 a project
carried out with funds made available under this heading for
construction of the ADHS shall be carried out in the same
manner as a project under section 14501 of title 40, United
States Code: Provided further, That subject to the following
proviso, funds made available under this heading for
construction of the ADHS 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 ADHS, adjusted to exclude corridors that such
States have no current plans to complete, as reported in the
2013 Appalachian Development Highway System Completion
Report, unless such States have modified and assigned a
higher priority for completion of an ADHS corridor, as
reported in the 2020 ADHS 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 25 percent of the amount
made available for construction of the ADHS under this
heading: Provided further, That the Secretary shall consult
with the Appalachian Regional Commission in making
adjustments under the preceding two provisos: Provided
further, That funds made available under this heading for
Advanced Digital Construction Management Systems shall be for
competitive grants to State and local governments to develop
and expand the capacity to use and deploy Advanced Digital
Construction Management Systems.
administrative provisions--federal highway administration
Sec. 120. (a) For fiscal year 2022, the Secretary of
Transportation shall--
(1) not distribute from the obligation limitation for
Federal-aid highways--
(A) amounts authorized for administrative expenses and
programs by section 104(a) of title 23, United States Code;
(B) amounts authorized for the Bureau of Transportation
Statistics; and
(C) amounts authorized as ``additional amounts for the
Federal-aid highway program'' or as ``member designated
project funds'' (unrelated to amounts that had been
previously authorized to be appropriated for fiscal year
2021) under any successor surface transportation
reauthorization Act authorizing appropriations for fiscal
year 2022;
(2) not distribute an amount from the obligation limitation
for Federal-aid highways that is equal to the unobligated
balance of amounts--
(A) made available from the Highway Trust Fund (other than
the Mass Transit Account) for Federal-aid highway and highway
safety construction programs for previous fiscal years the
funds for which are allocated by the Secretary (or
apportioned by the Secretary under sections 202 or 204 of
title 23, United States Code); and
(B) for which obligation limitation was provided in a
previous fiscal year;
(3) determine the proportion that--
(A) the obligation limitation for Federal-aid highways,
less the aggregate of amounts not distributed under
paragraphs (1) and (2) of this subsection; bears to
(B) the total of the sums authorized to be appropriated for
the Federal-aid highway and highway safety construction
programs (other than sums authorized to be appropriated for
provisions of law described in paragraphs (1) through (11) of
subsection (b) and sums authorized to be appropriated for
section 119 of title 23, United States Code, equal to the
amount referred to in subsection (b)(12) for such fiscal
year), less the aggregate of the amounts not distributed
under paragraphs (1) and (2) of this subsection;
(4) distribute the obligation limitation for Federal-aid
highways, less the aggregate amounts not distributed under
paragraphs (1) and (2), for each of the programs (other than
programs to which paragraph (1) applies) that are allocated
by the Secretary under the Fixing America's Surface
Transportation Act and title 23, United States Code, or
apportioned by the Secretary under sections 202 or 204 of
that title, by multiplying--
(A) the proportion determined under paragraph (3); by
(B) the amounts authorized to be appropriated for each such
program for such fiscal year; and
(5) distribute the obligation limitation for Federal-aid
highways, less the aggregate amounts not distributed under
paragraphs (1) and (2) and the amounts distributed under
paragraph (4), for Federal-aid highway and highway safety
construction programs that are apportioned by the Secretary
under title 23, United States Code (other than the amounts
apportioned for the National Highway Performance Program in
section 119 of title 23, United States Code, that are exempt
from the limitation under subsection (b)(12) and the amounts
apportioned under sections 202 and 204 of that title) in the
proportion that--
(A) amounts authorized to be appropriated for the programs
that are apportioned under title 23, United States Code, to
each State for such fiscal year; bears to
(B) the total of the amounts authorized to be appropriated
for the programs that are apportioned under title 23, United
States Code, to all States for such fiscal year.
(b) Exceptions From Obligation Limitation.--The obligation
limitation for Federal-aid highways shall not apply to
obligations under or for--
(1) section 125 of title 23, United States Code;
(2) section 147 of the Surface Transportation Assistance
Act of 1978 (23 U.S.C. 144 note; 92 Stat. 2714);
(3) section 9 of the Federal-Aid Highway Act of 1981 (95
Stat. 1701);
(4) subsections (b) and (j) of section 131 of the Surface
Transportation Assistance Act of 1982 (96 Stat. 2119);
(5) subsections (b) and (c) of section 149 of the Surface
Transportation and Uniform Relocation Assistance Act of 1987
(101 Stat. 198);
(6) sections 1103 through 1108 of the Intermodal Surface
Transportation Efficiency Act of 1991 (105 Stat. 2027);
(7) section 157 of title 23, United States Code (as in
effect on June 8, 1998);
(8) section 105 of title 23, United States Code (as in
effect for fiscal years 1998 through 2004, but only in an
amount equal to $639,000,000 for each of those fiscal years);
(9) Federal-aid highway programs for which obligation
authority was made available under the Transportation Equity
Act for the 21st Century (112 Stat. 107) or subsequent Acts
for multiple years or to remain available until expended, but
only to the extent that the obligation authority has not
lapsed or been used;
(10) section 105 of title 23, United States Code (as in
effect for fiscal years 2005 through 2012, but only in an
amount equal to $639,000,000 for each of those fiscal years);
(11) section 1603 of SAFETEA-LU (23 U.S.C. 118 note; 119
Stat. 1248), to the extent that funds obligated in accordance
with that section were not subject to a limitation on
obligations at the time at which the funds were initially
made available for obligation; and
(12) section 119 of title 23, United States Code (but, for
each of fiscal years 2013 through 2022, only in an amount
equal to $639,000,000).
(c) Redistribution of Unused Obligation Authority.--
Notwithstanding subsection (a), the Secretary shall, after
August 1 of such fiscal year--
(1) revise a distribution of the obligation limitation made
available under subsection (a), if an amount distributed
cannot be obligated during that fiscal year; and
(2) redistribute sufficient amounts to those States able to
obligate amounts in addition to those previously distributed
during that fiscal year, giving priority to those States
having large unobligated balances of funds apportioned under
sections 144 (as in effect on the day before the date of
enactment of Public Law 112-141) and 104 of title 23, United
States Code.
(d) Certain Programs.--
(1) Transportation research programs.--
(A) In general.--Except as provided in subparagraph (B),
the obligation limitation for Federal-aid highways shall
apply to contract authority for transportation research
programs carried out under--
(i) chapter 5 of title 23, United States Code; and
(ii) title VI of the Fixing America's Surface
Transportation Act.
(B) Exception.--Obligation authority made available under
subparagraph (A) shall--
(i) remain available for a period of 4 fiscal years; and
(ii) 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.
(2) Additional amounts for the federal-aid highway program
and member designated project funds.--Obligation authority
reserved under subsection (a)(1)(C) for amounts authorized as
additional amounts for the Federal-aid highway program or as
member designated project funds (unrelated to amounts that
had been previously authorized to be appropriated for fiscal
year 2021) under any successor surface transportation
reauthorization Act authorizing appropriations for fiscal
year 2022 shall remain available until expended.
(e) Redistribution of Certain Authorized Funds.--
(1) In general.--Not later than 30 days after the date of
distribution of obligation limitation under subsection (a),
the Secretary shall distribute to the States any funds
(excluding funds authorized for the program under section 202
of title 23, United States Code) that--
(A) are authorized to be appropriated for such fiscal year
for Federal-aid highway programs; and
(B) the Secretary determines will not be allocated to the
States (or will not be apportioned to the States under
section 204 of title 23, United States Code), and will not be
available for obligation, for such fiscal year because of the
imposition of any obligation limitation for such fiscal year.
(2) Ratio.--Funds shall be distributed under paragraph (1)
in the same proportion as the distribution of obligation
authority under subsection (a)(5).
(3) Availability.--Funds distributed to each State under
paragraph (1) shall be available for
[[Page H4027]]
any purpose described in section 133(b) of title 23, United
States Code.
Sec. 121. Notwithstanding 31 U.S.C. 3302, funds received
by the Bureau of Transportation Statistics from the sale of
data products, for necessary expenses incurred pursuant to
chapter 63 of title 49, United States Code, may be credited
to the Federal-aid highways account for the purpose of
reimbursing the Bureau for such expenses: Provided, That
such funds shall be subject to the obligation limitation for
Federal-aid highway and highway safety construction programs.
Sec. 122. Not less than 15 days prior to waiving, under
his or her statutory authority, any Buy America requirement
for Federal-aid highways projects, the Secretary of
Transportation shall make an informal public notice and
comment opportunity on the intent to issue such waiver and
the reasons therefor: Provided, That the Secretary shall
provide an annual report to the House and Senate Committees
on Appropriations on any waivers granted under the Buy
America requirements.
Sec. 123. None of the funds made available in this Act may
be used to make a grant for a project under section 117 of
title 23, United States Code, unless the Secretary, at least
60 days before making a grant under that section, provides
written notification to the House and Senate Committees on
Appropriations of the proposed grant, including an evaluation
and justification for the project and the amount of the
proposed grant award: Provided, That the written
notification required in the preceding proviso shall be made
not later than 180 days after the date of enactment of this
Act.
Sec. 124. (a) A State or territory, as defined in section
165 of title 23, United States Code, may use for any project
eligible under sections 133(b) or 165 of such title, and
located within the boundary of the State or territory any
earmarked amount, and any associated obligation limitation:
Provided, That the Department of Transportation for the State
or territory for which the earmarked amount was originally
designated or directed notifies the Secretary of
Transportation of its intent to use its authority under this
section and submits an annual report to the Secretary
identifying the projects to which the funding would be
applied. Notwithstanding the original period of availability
of funds to be obligated under this section, such funds and
associated obligation limitation shall remain available for
obligation for a period of 3 fiscal years after the fiscal
year in which the Secretary of Transportation is notified.
The Federal share of the cost of a project carried out with
funds made available under this section shall be the same as
associated with the earmark.
(b) In this section, the term ``earmarked amount'' means--
(1) congressionally directed spending, as defined in rule
XLIV of the Standing Rules of the Senate, identified in a
prior law, report, or joint explanatory statement, which was
authorized to be appropriated or appropriated more than 10
fiscal years prior to the current fiscal year, and
administered by the Federal Highway Administration; or
(2) a congressional earmark, as defined in rule XXI of the
Rules of the House of Representatives, identified in a prior
law, report, or joint explanatory statement, which was
authorized to be appropriated or appropriated more than 10
fiscal years prior to the current fiscal year, and
administered by the Federal Highway Administration.
(c) The authority under subsection (a) may be exercised
only for those projects or activities that have obligated
less than 10 percent of the amount made available for
obligation as of October 1 of the current fiscal year, and
shall be applied to projects within the same general
geographic area within 5 miles for which the funding was
designated, except that a State or territory may apply such
authority to unexpended balances of funds from projects or
activities the State or territory certifies have been closed
and for which payments have been made under a final voucher.
(d) The Secretary shall submit consolidated reports of the
information provided by the States and territories annually
to the House and Senate Committees on Appropriations.
Sec. 125. Until final guidance is published, the
Administrator of the Federal Highway Administration shall
adjudicate requests for Buy America waivers under the
criteria that were in effect prior to April 17, 2018.
Federal Motor Carrier Safety Administration
motor carrier safety operations and programs
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in the implementation,
execution and administration of motor carrier safety
operations and programs pursuant to section 31110 of title
49, United States Code, as amended by the Fixing America's
Surface Transportation Act (Public Law 114-94) or any
successor surface transportation reauthorization Act
authorizing appropriations for fiscal year 2022,
$379,500,000, to be derived from the Highway Trust Fund
(other than the Mass Transit Account), together with advances
and reimbursements received by the Federal Motor Carrier
Safety Administration, the sum of which shall remain
available until expended: Provided, That funds available for
implementation, execution, or administration of motor carrier
safety operations and programs authorized under title 49,
United States Code, shall not exceed total obligations of
$379,500,000, for ``Motor Carrier Safety Operations and
Programs'' for fiscal year 2022, of which $13,073,000, to
remain available for obligation until September 30, 2024, is
for the research and technology program, and of which not
less than $65,000,000, 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 Fixing America's Surface
Transportation Act (Public Law 114-94), or any successor
surface transportation reauthorization Act authorizing
appropriations for fiscal year 2022, $506,200,000, 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 $506,200,000 in fiscal year 2022 for
``Motor Carrier Safety Grants'': Provided further, That of
the sums appropriated under this heading:
(1) $389,212,000 shall be available for the motor carrier
safety assistance program;
(2) $56,880,000 shall be available for the commercial
driver's license program implementation program;
(3) $59,108,000 shall be available for the high priority
activities program; and
(4) $1,000,000 shall be made available for commercial motor
vehicle operators grants.
administrative provisions--federal motor carrier safety administration
Sec. 130. The Federal Motor Carrier Safety Administration
shall send notice of section 385.308 of title 49, Code of
Federal Regulations, violations by certified mail, registered
mail, or another manner of delivery, which records the
receipt of the notice by the persons responsible for the
violations.
Sec. 131. The Federal Motor Carrier Safety Administration
shall update annual inspection regulations under Appendix G
to subchapter B of chapter III of title 49, Code of Federal
Regulations, as recommended by GAO-19-264.
Sec. 132. None of the funds appropriated or otherwise made
available to the Department of Transportation by this Act or
any other Act may be obligated or expended to implement,
administer, or enforce the requirements of section 31137 of
title 49, United States Code, or any regulation issued by the
Secretary pursuant to such section, with respect to the use
of electronic logging devices by operators of commercial
motor vehicles, as such term is defined in section 31132 of
such title, who are transporting livestock, as such term is
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, $245,550,000 shall remain
available through September 30, 2023.
operations and research
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
(including transfer of funds)
For payment of obligations incurred in carrying out the
provisions of 23 U.S.C. 403, including behavioral research on
Automated Driving Systems and Advanced Driver Assistance
Systems and improving consumer responses to safety recalls,
section 4011 of the Fixing America's Surface Transportation
Act (Public Law 114-94), and chapter 303 of title 49, United
States Code, or any successor surface transportation
reauthorization Act authorizing appropriations for fiscal
year 2022, $180,612,000, 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 $180,612,000: Provided further, That
of the sums appropriated under this heading--
(1) $165,112,000 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 4011 of the Fixing America's
Surface Transportation Act (Public Law 114-94) or any
successor surface transportation reauthorization Act
authorizing appropriations for fiscal year 2022;
(2) $5,500,000 shall be for the National Driver Register
authorized under chapter 303 of title 49, United States Code;
and
(3) $10,000,000 shall be available to continue a high
visibility enforcement paid-media campaign regarding highway-
rail grade crossing safety in collaboration with the Federal
Railroad Administration: Provided, That $3,947,458 of such
amounts are to be made available from prior year unobligated
contract authority provided under the heading ``Operations
and Research (Liquidation of Contract Authorization)
(Limitation on Obligations) (Highway Trust Fund)'' in the
Transportation Equity Act for the 21st Century (Public Law
105-178), SAFETEA-LU (Public Law 109-59), MAP-21 (Public Law
112-141), the FAST Act (Public Law 114-94), or other
appropriations or authorization Acts prior to fiscal year
2022: Provided further, That of unobligated amounts provided
under the heading
[[Page H4028]]
``Highway Traffic Safety Grants (Liquidation of Contract
Authorization) (Limitation on Obligations) (Highway Trust
Fund)'' in the Transportation Equity Act for the 21st Century
(Public Law 105-178), SAFETEA-LU (Public Law 109-59), MAP-21
(Public Law 112-141), the FAST Act (Public Law 114-94), or
other appropriations or authorization Acts prior to fiscal
year 2022, $6,052,542, shall be transferred and merged with
this appropriation and made available for the purposes of
this paragraph:
Provided further, That within the $180,612,000 obligation
limitation for operations and research, $20,000,000 shall
remain available until September 30, 2023, and up to
$7,000,000, for mobility research on older drivers, shall
remain available until expended, and shall be in addition to
the amount of any limitation imposed on obligations for
future years: Provided further, That amounts for behavioral
research on Automated Driving Systems and Advanced Driver
Assistance Systems and improving consumer responses to safety
recalls are in addition to any other funds provided for those
purposes for fiscal year 2022 in this Act.
highway traffic safety grants
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in carrying out
provisions of sections 402, 404, and 405 of title 23, United
States Code, and section 4001(a)(6) of the Fixing America's
Surface Transportation Act (Public Law 114-94), or any
successor surface transportation reauthorization Act
authorizing appropriations for fiscal year 2022, to remain
available until expended, $855,488,000, 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
$855,488,000 for programs authorized under 23 U.S.C. 402,
404, and 405, and section 4001(a)(6) of the Fixing America's
Surface Transportation Act or any successor surface
transportation reauthorization Act authorizing appropriations
for fiscal year 2022: Provided further, That of the sums
appropriated under this heading--
(1) $384,800,000 shall be for the highway safety program
under section 402 of title 23, United States Code;
(2) $390,900,000 shall be for national priority safety
programs under section 405 of title 23, United States Code;
(3) $49,702,000 shall be for the high-visibility
enforcement program under section 404 of title 23, United
States Code; and
(4) $30,086,000 shall be for administrative expenses under
section 4001(a)(6) of the Fixing America's Surface
Transportation Act:
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 23 U.S.C. 405 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 23 U.S.C. 405(a)(8), any
amounts transferred to increase the amounts made available
under section 402 shall include the obligation authority for
such amounts: Provided further, That the Administrator shall
notify the House and Senate Committees on Appropriations of
any exercise of the authority granted under the previous
proviso or under 23 U.S.C. 405(a)(8) not later than 5 days
after the date of the transfer.
administrative provisions--national highway traffic safety
administration
Sec. 140. An additional $130,000 shall be made available
to the National Highway Traffic Safety Administration, out of
the amount limited for section 402 of title 23, United States
Code, to pay for travel and related expenses for state
management reviews and to pay for core competency development
training and related expenses for highway safety staff.
Sec. 141. The limitations on obligations for the programs
of the National Highway Traffic Safety Administration set in
this Act shall not apply to obligations for which obligation
authority was made available in previous public laws but only
to the extent that the obligation authority has not lapsed or
been used.
Sec. 142. In addition to the amounts made available under
the heading, ``Operations and Research (Liquidation of
Contract Authorization) (Limitation on Obligations) (Highway
Trust Fund)'' for carrying out the provisions of section 403
of title 23, United States Code, $7,000,000, to remain
available until September 30, 2023, shall be made available
to the National Highway Traffic Safety Administration from
the general fund to provide funding for grants, pilot program
activities, and innovative solutions to reduce impaired-
driving fatalities in collaboration with eligible entities
under section 403 of title 23, United States Code.
Sec. 143. 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, $247,700,000, of
which $30,000,000 shall remain available until expended:
Provided, That of the amounts made available under this
heading, not more than $2,100,000, to remain available until
expended, shall be for the alteration and repair of buildings
and improvements for fire and life safety, emergency power
system, waste and potable water management, and asbestos
abatement projects, to carry out necessary railroad safety,
training, and research activities at the Transportation
Technology Center.
railroad research and development
For necessary expenses for railroad research and
development, $53,826,000, to remain available until expended.
passenger rail improvement, modernization, and expansion
For investments in railroad infrastructure to improve
mobility, operational performance, or growth of intercity
rail passenger transportation (as defined in section 24102 of
title 49, United States Code), $625,000,000, to remain
available until expended: Provided, That the Secretary shall
distribute amounts made available under this heading as
discretionary grants to be awarded to a State; a group of
States; an Interstate Compact; a public agency or publicly
chartered authority established by 1 or more States; a
political subdivision of a State; a tribal government; the
National Railroad Passenger Corporation; or a combination of
such entities, on a competitive basis: Provided further, That
capital projects eligible for amounts made available under
this heading shall be for--
(1) providing intercity rail passenger transportation;
(2) improving intercity rail passenger transportation
performance (including congestion mitigation, reliability
improvements, achievement of on-time performance standards
established under section 207 of the Passenger Rail
Investment and Improvement Act of 2008 (49 U.S.C. 24101
note), reduced trip times, increased train frequencies,
higher operating speeds, electrification, and other
improvements as determined by the Secretary); or
(3) expanding or establishing intercity rail passenger
transportation and facilities, including activities defined
in section 26105(2) of title 49, United States Code:
Provided further, That projects eligible for amounts made
available under this heading shall include acquiring,
constructing, or improving infrastructure assets, equipment,
or facilities of use in or for the primary benefit of
intercity rail passenger transportation (including tunnels,
bridges, stations, track and track structures, communication
and signalization improvements, electrification, highway-rail
grade crossing improvements, and passenger rolling stock):
Provided further, That projects eligible for amounts made
available under this heading shall include planning,
developing, designing, engineering, location surveying,
mapping, environmental analyses and studies, and acquiring
rights-of-way or making payments for railroad trackage rights
agreements for eligible projects in the second proviso under
this heading: Provided further, That the Federal share of the
costs for which an amount is provided under this heading
shall be, at the option of the recipient, up to 90 percent:
Provided further, That the proceeds of Federal credit
assistance under chapter 6 of title 23, United States Code,
or sections 501 through 504 of the Railroad Revitalization
and Regulatory Reform Act of 1976 (Public Law 94-210) shall
be considered to be part of the non-Federal share of project
costs if the loan is repayable from non-Federal funds, unless
otherwise requested: Provided further, That the National
Railroad Passenger Corporation may use ticket and other
revenues generated from its operations and other sources to
satisfy the non-Federal share of project costs for which an
amount is made available under this heading: Provided
further, That projects conducted using amounts made available
under this heading shall comply with the grant conditions
under section 22905 of title 49, United States Code: Provided
further, That, notwithstanding the preceding proviso, the
Secretary shall apply the domestic buying preferences of
section 24305(f) of title 49, United States Code, to projects
conducted by the National Railroad Passenger Corporation
using amounts made available under this heading, in lieu of
the requirements of section 22905(a) 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 for the costs of award and project management
oversight of grants.
consolidated rail infrastructure and safety improvements
For necessary expenses related to consolidated rail
infrastructure and safety improvements grants, as authorized
by section 22907 of title 49, United States Code,
$500,000,000, to remain available until expended: Provided,
That of the amounts made available under this heading--
(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 to
reduce trespassing on railroad property and along railroad
rights-of-way (including capital projects and engineering
solutions), suicide prevention activities, deployment of
trespasser prevention technology, and enforcement activities:
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; and
(3) not more than $5,000,000 shall be for projects eligible
under section 22907(c)(8) of title 49, United States Code:
Provided, That for amounts made available in this paragraph,
eligible projects under section 22907(c)(8) of title 49,
United States Code, shall also include railroad systems
planning (including the preparation of regional intercity
passenger rail plans and State Rail Plans) and railroad
project development activities (including railroad project
planning, preliminary engineering, design, environmental
analysis, feasibility studies, and the development and
analysis of project alternatives):
[[Page H4029]]
Provided further, That the Secretary shall not limit
eligible projects from consideration for funding for
planning, engineering, environmental, construction, and
design elements of the same project in the same application:
Provided further, That section 22907(e)(1)(A) of title 49,
United States Code, shall not apply to amounts made available
under this heading: 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: 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 for the costs
of award and project management oversight of grants carried
out under section 22907 of title 49, United States Code.
magnetic levitation technology deployment program
For necessary expenses related to the deployment of
magnetic levitation transportation projects, consistent with
language in subsections (a) through (c) of section 1307 of
SAFETEA-LU (Public Law 109-59), as amended by section 102 of
the SAFETEA-LU Technical Corrections Act of 2008 (Public Law
110-244) (23 U.S.C. 322 note), $5,000,000, to remain
available until expended.
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 11101(a) of the Fixing America's Surface
Transportation Act (division A of Public Law 114-94),
$1,200,000,000, to remain available until expended:
Provided, That the Secretary may retain up to one-half of 1
percent of the amounts made available under both this heading
and the ``National Network Grants to the National Railroad
Passenger Corporation'' heading to fund the costs of project
management and oversight of activities authorized by section
11101(c) of the Fixing America's Surface Transportation Act
(division A of Public Law 114-94): Provided further, That in
addition to the project management oversight funds authorized
under section 11101(c) of such Act, the Secretary may retain
up to an additional $6,000,000 of the amounts made available
under this heading to fund expenses associated with the
Northeast Corridor Commission established under section 24905
of title 49, United States Code: Provided further, That of
the amounts made available under this heading and the
``National Network Grants to the National Railroad Passenger
Corporation'' heading, not less than $75,000,000 shall be
made available to bring Amtrak-served facilities and stations
into compliance with the Americans with Disabilities Act of
1990 (42 U.S.C. 12101 et seq.).
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
11101(b) of the Fixing America's Surface Transportation Act
(division A of Public Law 114-94), $1,500,000,000, to remain
available until expended: Provided, That the Secretary may
retain up to an additional $3,000,000 of the amounts made
available under this heading to fund expenses associated with
the State-Supported Route Committee established under section
24712 of title 49, United States Code: Provided further,
That none of the funds made available under this heading
shall be used by the National Railroad Passenger Corporation
to give notice under subsection (a) or (b) 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 the National Railroad Passenger
Corporation is the sole operator on a host railroad's line
and a positive train control system is not required by law or
regulation, or, except in an emergency or during maintenance
or construction outages impacting such routes, to otherwise
discontinue, reduce the frequency of, suspend, or
substantially alter the route of rail service on any portion
of such route operated in fiscal year 2018, including
implementation of service permitted by section 24305(a)(3)(A)
of title 49, United States Code, in lieu of rail service.
administrative provisions--federal railroad administration
(including rescissions)
Sec. 150. None of the funds made available to the National
Railroad Passenger Corporation may be used to fund any
overtime costs in excess of $35,000 for any individual
employee: Provided, That the President of Amtrak may waive
the cap set in the preceding proviso for specific employees
when the President of Amtrak determines such a cap poses a
risk to the safety and operational efficiency of the system:
Provided further, That the President of Amtrak shall report
to the House and Senate Committees on Appropriations no later
than 60 days after the date of enactment of this Act, a
summary of all overtime payments incurred by Amtrak for 2021
and the 3 prior calendar years: Provided further, That such
summary shall include the total number of employees that
received waivers and the total overtime payments Amtrak paid
to employees receiving waivers for each month for 2021 and
for the 3 prior calendar years.
Sec. 151. None of the funds made available by this Act may
be used by the National Railroad Passenger Corporation in
contravention of the Worker Adjustment and Retraining
Notification Act (29 U.S.C. 2101 et seq.).
Sec. 152. The amounts made available to the Secretary or
to the Federal Railroad Administration for the costs of award
and project management oversight of grants which are
administered by the Federal Railroad Administration, in this
and prior Acts, may be merged to support activities relating
to award and project management oversight of grants
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 the amounts
made available under the headings ``Northeast Corridor Grants
to the National Railroad Passenger Corporation'' and
``National Network Grants to the National Railroad Passenger
Corporation'' in this and prior Acts: Provided further, 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 section
251(b)(2)(A)(i) of 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.
Federal Transit Administration
administrative expenses
For necessary administrative expenses of the Federal
Transit Administration's programs authorized by chapter 53 of
title 49, United States Code, $132,500,000 which shall remain
available until September 30, 2023: Provided, That of the
amounts made available under this heading, no more than
$1,000,000 shall be available for the necessary expenses of
administering funds made available in paragraph (1) under the
heading ``Highway Infrastructure Programs'' and shall remain
available until expended: Provided further, That upon
submission to the Congress of the fiscal year 2023
President's budget, the Secretary of Transportation shall
transmit to Congress the annual report on capital investment
grants, including proposed allocations for fiscal year 2023.
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), 5335, 5337, 5339, and 5340, as amended by
the Fixing America's Surface Transportation Act, section
20005(b) of Public Law 112-141, and section 3006(b) of the
Fixing America's Surface Transportation Act, or any successor
surface transportation reauthorization Act authorizing
appropriations for fiscal year 2022, $13,000,000,000, 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), 5335, 5337, 5339, and 5340, as
amended by the Fixing America's Surface Transportation 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 $12,150,348,462 in fiscal year
2022: Provided further, That the Federal share of the cost
of activities carried out under 49 U.S.C. section 5312 shall
not exceed 80 percent, except that if there is substantial
public interest or benefit, the Secretary may approve a
greater Federal share.
transit infrastructure grants
For an additional amount for buses and bus facilities
grants under section 5339 of title 49, United States Code,
low or no emission grants under section 5339(c) of such
title, technical assistance and workforce development under
section 5314 of such title, competitive grants under sections
5307 and 5311 of such title related to planning for zero
emission vehicles, ferry boats grants under section 5307(h)
of such title, bus testing facilities under section 5318 of
such title, innovative mobility solutions grants under
section 5312 of such title and grants to improve the
resilience of transit assets, $580,000,000, to remain
available until expended: Provided, That of the sums
provided under this heading--
(1) $203,000,000 shall be available for the buses and bus
facilities grants as authorized under section 5339(b) of such
title: Provided, That activities that increase green space
surrounding a bus transportation hub structure are eligible
for a grant under this paragraph;
(2) $240,000,000 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: Provided further, That grants authorized
under this paragraph shall only be available for zero-
emission buses and the facilities to support those buses;
(3) $5,000,000 shall be provided under section 5314 of such
title for two centers to provide technical assistance and
coordinate the bus industry transition to zero-emission
buses;
[[Page H4030]]
(4) $5,000,000 shall be available for competitive grants to
recipients eligible under section 5307 and 5311 of such title
for the planning of public transportation service associated
with the transition to zero-emission bus fleets: Provided,
That no less than $1,000,000 shall be available to recipients
with fewer than 150 buses within their bus fleets and no less
than $2,000,000 shall be available to recipients with at
least 150 but not more than 500 buses within their bus
fleets;
(5) $20,000,000 shall be available for ferry boat grants as
authorized under section 5307(h) of such title: Provided,
That amounts made available under this subparagraph shall
only be available for low or zero-emission ferries or ferries
using electric battery or fuel cell components and the
infrastructure to support such ferries;
(6) $2,000,000 shall be available for the operation and
maintenance of the bus testing facilities selected under
section 5318 of such title, and the Federal cost share for
such amounts shall be 100 percent;
(7) $25,000,000 shall be available for the demonstration
and deployment of innovative mobility solutions as authorized
under section 5312 of title 49, United States Code, and the
Federal cost share for such amounts shall be 100 percent:
Provided, That such amounts shall be available for
competitive research or cooperative agreements that will
transform transit systems by modeling, simulating, and
implementing scenario plans with an emphasis on projects that
use artificial intelligence to facilitate planning: Provided
further, That the Secretary shall provide preference to
projects that will improve access to jobs, housing, health
care, education, and address food insecurity and shall also
address how individuals without access to advanced technology
will benefit from such solutions: Provided further, That any
applicant from an urbanized area shall integrate the payment
structures of all transit agencies within that urbanized area
and, to the extent possible, other mobility solutions:
Provided further, That grants shall be awarded to no more
than 5 recipients and the Secretary shall require applicants
to provide initial plans before selecting finalists;
(8) $50,000,000 shall be available for not more than five
competitive integrated smart mobility grants to recipients
eligible under section 5307 and 5311 of title 49, United
States Code, for planning and capital projects that support
the adoption of innovative approaches to mobility that will
improve safety, accessibility, air-quality, and equity in
access to community services and economic opportunities,
including first and last mile options such as optimizing
transit route planning and using integrated travel planning
and payment systems: Provided, That the Secretary shall
provide preference to projects that will improve access to
jobs, housing, health care, education, and address food
insecurity and shall also address how individuals without
access to advanced technology will benefit from such
solutions: Provided further, That the Secretary shall provide
preference to projects that include job retention and
retraining for current employees: Provided further, That an
eligible subrecipient is any entity eligible to be a
recipient: Provided further, That the Federal share for
projects funded under this paragraph shall not exceed 80
percent of the net project cost; and
(9) $30,000,000 shall be available for competitive climate
resilience and adaptation grants to recipients eligible under
sections 5307 and 5311 of title 49, United States Code, for
capital projects that improve the resilience of transit
assets related to climate hazards by protecting transit
infrastructure, including stations, tunnels, and tracks, from
flooding, extreme temperatures, and other climate-related
hazards: Provided, That an eligible subrecipient is any
entity eligible to be a recipient: Provided further, That the
Secretary shall take such measures as to ensure an equitable
geographic distribution of funds and an equitable
distribution of funds among recipients eligible under
sections 5307, 5311, and 5337 of title 49, United States
Code: Provided further, That not more than 15 percent of the
amounts made available under this heading may be awarded to
projects in a single state: Provided further, That the
Federal share for projects funded under this paragraph shall
not exceed 80 percent of the net project cost, except that if
there is a substantial public interest or benefit, the
Secretary may approve a greater Federal share:
Provided further, That amounts made available by this
heading shall be derived from the general fund: Provided
further, That the amounts made available under this heading
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),
$2,473,000,000, to remain available until September 30, 2025:
Provided, 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).
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), $150,000,000, to remain available until
expended: Provided, That the Secretary of Transportation
shall approve grants for capital and preventive maintenance
expenditures for the Washington Metropolitan Area Transit
Authority only after receiving and reviewing a request for
each specific project: Provided further, That the Secretary
shall determine that the Washington Metropolitan Area Transit
Authority has placed the highest priority on those
investments that will improve the safety of the system before
approving such grants.
administrative provisions--federal transit administration
(including rescissions)
Sec. 160. The limitations on obligations for the programs
of the Federal Transit Administration shall not apply to any
authority under 49 U.S.C. 5338, previously made available for
obligation, or to any other authority previously made
available for obligation.
Sec. 161. Notwithstanding any other provision of law,
funds appropriated or limited by this Act under the heading
``Capital Investment Grants'' of the Federal Transit
Administration for projects specified in this Act or
identified in the report accompanying this Act not obligated
by September 30, 2025, and other recoveries, shall be
directed to projects eligible to use the funds for the
purposes for which they were originally provided.
Sec. 162. Notwithstanding any other provision of law, any
funds appropriated before October 1, 2021, under any section
of chapter 53 of title 49, United States Code, that remain
available for expenditure, may be transferred to and
administered under the most recent appropriation heading for
any such section.
Sec. 163. None of the funds made available by this Act or
any other Act shall be used to adjust apportionments or
withhold funds from apportionments pursuant to section
9503(e)(4) of the Internal Revenue Code of 1986 (26 U.S.C.
9503(e)(4)).
Sec. 164. An eligible recipient of a grant under section
5339(c) may submit an application in partnership with other
entities, including a transit vehicle manufacturer, that
intend to participate in the implementation of a project
under section 5339(c) of title 49, United States Code, and a
project awarded with such partnership shall be treated as
satisfying the requirement for a competitive procurement
under section 5325(a) of title 49, United States Code, for
the named entity.
Sec. 165. 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. 166. 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.
Great Lakes St. Lawrence Seaway Development Corporation
The Great Lakes St. Lawrence Seaway Development Corporation
is hereby authorized to make such expenditures, within the
limits of funds and borrowing authority available to the
Corporation, and in accord with law, and to make such
contracts and commitments without regard to fiscal year
limitations, as provided by section 9104 of title 31, United
States Code, as may be necessary in carrying out the programs
set forth in the Corporation's budget for the current fiscal
year.
operations and maintenance
(harbor maintenance trust fund)
For necessary expenses to conduct the operations,
maintenance, and capital infrastructure activities on
portions of the St. Lawrence Seaway owned, operated, and
maintained by the Great Lakes St. Lawrence Seaway Development
Corporation, $40,000,000, 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 more than $14,500,000 shall be for the seaway
infrastructure program: Provided further, That $1,500,000 of
the unobligated balances from the amounts made available for
capital asset renewal activities under the heading ``Saint
Lawrence Seaway Development Corporation--Operations and
Maintenance'' in any prior Act may be used to conduct the
operations and maintenance of the Seaway International
Bridge.
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.
[[Page H4031]]
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 fleet
For necessary expenses to establish and maintain a fleet of
United States-flagged product tank vessels as authorized
under chapter 534 of title 46, United States Code,
$60,000,000, to remain available until expended: Provided,
That the amounts made available under this heading shall
become available on the effective date specified in section
3511(d)(1) of the William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal Year 2021 (Public Law
116-283).
operations and training
For necessary expenses of operations and training
activities authorized by law, $171,253,000: Provided, That
of the amounts made available under this heading--
(1) $83,675,000, to remain available until September 30,
2023, shall be for the operations of the United States
Merchant Marine Academy;
(2) $10,500,000, to remain available until expended, shall
be for facilities maintenance and repair, equipment, and
capital improvements 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: Provided, That not less than
$4,000,000 shall be for activities authorized under
subparagraphs (A) and (B) of section 50307(b)(1) of title 46,
United States Code, that reduce vessel and port air
emissions; and
(4) $14,819,000, to remain available until expended, shall
be for the America's Marine Highway Program to make grants
for the purposes authorized under paragraphs (1) and (3) of
section 55601(b) of title 46, United States Code: Provided,
That the Secretary shall give preference to those projects
that reduce air emissions and vehicle miles traveled:
Provided further, That the Administrator of the Maritime
Administration shall transmit to the House and Senate
Committees on Appropriations the annual report on sexual
assault and sexual harassment at the United States Merchant
Marine Academy as required pursuant to section 3510 of the
National Defense Authorization Act for Fiscal Year 2017 (46
U.S.C. 51318): Provided further, That available balances
under this heading for the Short Sea Transportation Program
(now known as the America's Marine Highway Program) from
prior year recoveries shall be available to carry out
activities authorized under paragraphs (1) and (3) of section
55601(b) of title 46, United States Code.
state maritime academy operations
For necessary expenses of operations, support, and training
activities for State Maritime Academies, $363,300,000:
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) $320,600,000, 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, $7,508,000, 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, $3,019,000, 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 50302(c) of title 46, United States Code,
$300,000,000, to remain available until expended: Provided,
That projects eligible for amounts made available under this
heading shall be projects for coastal seaports, inland river
ports, or Great Lakes ports: Provided further, That of the
amounts made available under this heading, not less than
$275,000,000 shall be for coastal seaports or Great Lakes
ports: Provided further, That the Maritime Administration
shall distribute amounts made available under this heading as
discretionary grants to port authorities or commissions or
their subdivisions and agents under existing authority, as
well as to a State or political subdivision of a State or
local government, a tribal government, a public agency or
publicly chartered authority established by one or more
States, a special purpose district with a transportation
function, a multistate or multijurisdictional group of
entities, or a lead entity described above jointly with a
private entity or group of private entities: Provided
further, That projects eligible for amounts made available
under this heading shall be designed to improve the safety,
efficiency, or reliability of the movement of goods into, out
of, around, or within a port and located--
(1) within the boundary of a port; or
(2) outside the boundary of a port, and directly related to
port operations, or to an intermodal connection to a port:
Provided further, That projects eligible for amounts made
available under this heading shall be only for--
(1) port gate improvements;
(2) road improvements both within and connecting to the
port;
(3) rail improvements both within and connecting to the
port;
(4) berth improvements (including docks, wharves, piers and
dredging incidental to the improvement project);
(5) fixed landside improvements in support of cargo
operations (such as silos, elevators, conveyors, container
terminals, Ro/Ro structures including parking garages
necessary for intermodal freight transfer, warehouses
including refrigerated facilities, lay-down areas, transit
sheds, and other such facilities);
(6) utilities necessary for safe operations (including
lighting, stormwater, and other such improvements that are
incidental to a larger infrastructure project);
(7) facilities improvements that reduce port air emissions
and environmental impacts (such as electrification of port
facilities, electric vehicle charging, zero emission vehicle
infrastructure, alternative fuel infrastructure, shorepower,
and non-road vehicles, engines, and other such facilities
used in support of cargo operations);
(8) construction activities that improve natural disaster
preparedness and resiliency (including mitigation and
adaptation planning); or
(9) a combination of activities described above:
Provided further, That projects eligible for amounts made
available under this heading may not include the purchase or
installation of fully automated cargo handling equipment or
terminal infrastructure that is designed for fully automated
cargo handling equipment: Provided further, That for the
purposes of the preceding proviso, ``fully automated cargo
handling equipment'' means cargo handling equipment that is
remotely operated or remotely monitored and does not require
the exercise of human intervention or control: Provided
further, That a grant award under this heading shall be not
less than $1,000,000: Provided further, That the proceeds of
Federal credit assistance under chapter 6 of title 23, United
States Code, or sections 501 through 504 of the Railroad
Revitalization and Regulatory Reform Act of 1976 (Public Law
94-210) shall be considered to be part of the non-Federal
share of project costs if the loan is repayable from non-
Federal funds, unless otherwise requested.
administrative provision--maritime administration
Sec. 170. Notwithstanding any other provision of this Act,
in addition to any existing authority, the Maritime
Administration is authorized to furnish utilities and
services and make necessary repairs in connection with any
lease, contract, or occupancy involving Government property
under control of the Maritime Administration: Provided, That
payments received therefor shall be credited to the
appropriation charged with the cost thereof and shall remain
available until expended: Provided further, That rental
payments under any such lease, contract, or occupancy for
items other than such utilities, services, or repairs shall
be deposited into the Treasury as miscellaneous receipts.
Pipeline and Hazardous Materials Safety Administration
operational expenses
For necessary operational expenses of the Pipeline and
Hazardous Materials Safety Administration, $29,100,000, of
which $4,500,000 shall remain available until September 30,
2024: Provided, That the Secretary of Transportation shall
issue a final rule on automatic and remote-controlled shut-
off valves and hazardous liquid pipeline facilities leak
detection systems as required under section 4 and section 8
of the Pipeline Safety, Regulatory Certainty, and Job
Creation Act of 2011 (Public Law 112-90), respectively, not
later than 90 days after the date of enactment of this Act:
Provided further, That the amounts made available under this
heading shall be reduced by $5,000 per day for each day that
such rule has not been issued following the expiration of the
deadline set forth in the preceding proviso.
hazardous materials safety
For expenses necessary to discharge the hazardous materials
safety functions of the Pipeline and Hazardous Materials
Safety Administration, $66,391,500, to remain available until
September 30, 2024: Provided, That up to $800,000 in fees
collected under section 5108(g) of title 49, United States
Code, shall be deposited in the general fund of the Treasury
as offsetting receipts: Provided further, That there may be
credited to this appropriation, to be available until
expended, funds received from States, counties,
municipalities, other public authorities, and private sources
for expenses incurred
[[Page H4032]]
for training, for reports publication and dissemination, and
for travel expenses incurred in performance of hazardous
materials exemptions and approvals functions.
pipeline safety
(pipeline safety fund)
(oil spill liability trust fund)
For expenses necessary to carry out a pipeline safety
program, as authorized by section 60107 of title 49, United
States Code, and to discharge the pipeline program
responsibilities of the Oil Pollution Act of 1990 (Public Law
101-380), $182,650,000, to remain available until September
30, 2024, of which $27,650,000 shall be derived from the Oil
Spill Liability Trust Fund; of which $146,600,000 shall be
derived from the Pipeline Safety Fund; of which $400,000
shall be derived from the fees collected under section 60303
of title 49, United States Code, and deposited in the
Liquefied Natural Gas Siting Account for compliance reviews
of liquefied natural gas facilities; and of which $8,000,000
shall be derived from fees collected under section 60302 of
title 49, United States Code, and deposited in the
Underground Natural Gas Storage Facility Safety Account for
the purpose of carrying out section 60141 of title 49, United
States Code: Provided, That not less than $1,058,000 of the
amounts made available under this heading shall be for the
One-Call State grant program: Provided further, That any
amounts made available under this heading in this Act or in
prior Acts for research contracts, grants, cooperative
agreements or research other transactions agreements
(``OTAs'') shall require written notification to the House
and Senate Committees on Appropriations not less than 3 full
business days before such research contracts, grants,
cooperative agreements, or research OTAs are announced by the
Department of Transportation: Provided further, That the
Secretary shall transmit to the House and Senate Committees
on Appropriations the report on pipeline safety testing
enhancement as required pursuant to section 105 of the
Protecting our Infrastructure of Pipelines and Enhancing
Safety Act of 2020 (division R of Public Law 116-260):
Provided further, That the Secretary may obligate amounts
made available under this heading to engineer, erect, alter,
and repair buildings or make any other public improvements
for research facilities at the Transportation Technology
Center after the Secretary submits an updated research plan
and the report in the preceding proviso to the House and
Senate Committees on Appropriations and after such plan and
report in the preceding proviso are approved by the House and
Senate Committees on Appropriations.
emergency preparedness grants
(limitation on obligations)
(emergency preparedness fund)
For expenses necessary to carry out the Emergency
Preparedness Grants program, not more than $28,318,000 shall
remain available until September 30, 2024, from amounts made
available by section 5116(h) and subsections (b) and (c) of
section 5128 of title 49, United States Code: Provided, That
notwithstanding section 5116(h)(4) of title 49, United States
Code, not more than 4 percent of the amounts made available
from this account shall be available to pay 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), and 5107(e) of title 49, United States Code.
Office of Inspector General
salaries and expenses
For necessary expenses of the Office of Inspector General
to carry out the provisions of the Inspector General Act of
1978, as amended, $103,150,000: Provided, That the Inspector
General shall have all necessary authority, in carrying out
the duties specified in the Inspector General Act, as amended
(5 U.S.C. App. 3), to investigate allegations of fraud,
including false statements to the government (18 U.S.C.
1001), by any person or entity that is subject to regulation
by the Department of Transportation.
General Provisions--Department of Transportation
Sec. 180. (a) During the current fiscal year, applicable
appropriations to the Department of Transportation shall be
available for maintenance and operation of aircraft; hire of
passenger motor vehicles and aircraft; purchase of liability
insurance for motor vehicles operating in foreign countries
on official department business; and uniforms or allowances
therefor, as authorized by sections 5901 and 5902 of title 5,
United States Code.
(b) During the current fiscal year, applicable
appropriations to the Department and its operating
administrations shall be available for the purchase,
maintenance, operation, and deployment of unmanned aircraft
systems that advance the missions of the Department of
Transportation or an operating administration of the
Department of Transportation.
(c) Any unmanned aircraft system purchased, procured, or
contracted for by the Department prior to the date of
enactment of this Act shall be deemed authorized by Congress
as if this provision was in effect when the system was
purchased, procured, or contracted for.
Sec. 181. Appropriations contained in this Act for the
Department of Transportation shall be available for services
as authorized by section 3109 of title 5, United States Code,
but at rates for individuals not to exceed the per diem rate
equivalent to the rate for an Executive Level IV.
Sec. 182. (a) No recipient of amounts made available by
this Act shall disseminate personal information (as defined
in section 2725(3) of title 18, United States Code) obtained
by a State department of motor vehicles in connection with a
motor vehicle record as defined in section 2725(1) of title
18, United States Code, except as provided in section 2721 of
title 18, United States Code, for a use permitted under
section 2721 of title 18, United States Code.
(b) Notwithstanding subsection (a), the Secretary shall not
withhold amounts made available by this Act for any grantee
if a State is in noncompliance with this provision.
Sec. 183. None of the funds made available by this Act
shall be available for salaries and expenses of more than 125
political and Presidential appointees in the Department of
Transportation: Provided, That none of the personnel covered
by this provision may be assigned on temporary detail outside
the Department of Transportation.
Sec. 184. Funds received by the Federal Highway
Administration and Federal Railroad Administration from
States, counties, municipalities, other public authorities,
and private sources for expenses incurred for training may be
credited respectively to the Federal Highway Administration's
``Federal-Aid Highways'' account and to the Federal Railroad
Administration's ``Safety and Operations'' account, except
for State rail safety inspectors participating in training
pursuant to section 20105 of title 49, United States Code.
Sec. 185. None of the funds made available by this Act to
the Department of Transportation may be used to make a loan,
loan guarantee, line of credit, letter of intent, federally
funded cooperative agreement, full funding grant agreement,
or discretionary grant unless the Secretary of Transportation
notifies the House and Senate Committees on Appropriations
not less than 3 full business days before any project
competitively selected to receive any discretionary grant
award, letter of intent, loan commitment, loan guarantee
commitment, line of credit commitment, federally funded
cooperative agreement, or full funding grant agreement is
announced by the Department or its operating administrations:
Provided, That the Secretary of Transportation shall provide
the House and Senate Committees on Appropriations with a
comprehensive list of all such loans, loan guarantees, lines
of credit, letters of intent, federally funded cooperative
agreements, full funding grant agreements, and discretionary
grants prior to the notification required under the preceding
proviso: Provided further, That the Secretary gives
concurrent notification to the House and Senate Committees on
Appropriations for any ``quick release'' of funds from the
emergency relief program: Provided further, That no
notification shall involve funds that are not available for
obligation.
Sec. 186. Rebates, refunds, incentive payments, minor
fees, and other funds received by the Department of
Transportation from travel management centers, charge card
programs, the subleasing of building space, and miscellaneous
sources are to be credited to appropriations of the
Department of Transportation and allocated to organizational
units of the Department of Transportation using fair and
equitable criteria and such funds shall be available until
expended.
Sec. 187. Notwithstanding any other provision of law, if
any funds provided by or limited by this Act are subject to a
reprogramming action that requires notice to be provided to
the House and Senate Committees on Appropriations,
transmission of such reprogramming notice shall be provided
solely to the House and Senate Committees on Appropriations,
and such reprogramming action shall be approved or denied
solely by the House and Senate Committees on Appropriations:
Provided, That the Secretary of Transportation may provide
notice to other congressional committees of the action of the
House and Senate Committees on Appropriations on such
reprogramming but not sooner than 30 days after the date on
which the reprogramming action has been approved or denied by
the House and Senate Committees on Appropriations.
Sec. 188. Funds appropriated by this Act to the operating
administrations may be obligated for the Office of the
Secretary for the costs related to assessments or
reimbursable agreements only when such amounts are for the
costs of goods and services that are purchased to provide a
direct benefit to the applicable operating administration or
administrations.
Sec. 189. The Secretary of Transportation is authorized to
carry out a program that establishes uniform standards for
developing and supporting agency transit pass and transit
benefits authorized under section 7905 of title 5, United
States Code, including distribution of transit benefits by
various paper and electronic media.
Sec. 190. The Department of Transportation may use funds
provided by this Act, or any other Act, to assist a contract
under title 49 or 23 of the United States Code utilizing
geographic, economic, or any other hiring preference not
otherwise authorized by law, or to amend a rule, regulation,
policy or other measure that forbids a recipient of a Federal
Highway Administration or Federal Transit Administration
grant from imposing such hiring preference on a contract or
construction project with which the Department of
Transportation is assisting, only if the grant recipient
certifies the following:
[[Page H4033]]
(1) that except with respect to apprentices or trainees, a
pool of readily available but unemployed individuals
possessing the knowledge, skill, and ability to perform the
work that the contract requires resides in the jurisdiction;
(2) that the grant recipient will include appropriate
provisions in its bid document ensuring that the contractor
does not displace any of its existing employees in order to
satisfy such hiring preference; and
(3) that any increase in the cost of labor, training, or
delays resulting from the use of such hiring preference does
not delay or displace any transportation project in the
applicable Statewide Transportation Improvement Program or
Transportation Improvement Program.
Sec. 191. The Secretary of Transportation shall coordinate
with the Secretary of Homeland Security to ensure that best
practices for Industrial Control Systems Procurement are up-
to-date and shall ensure that systems procured with funds
provided under this title were procured using such practices.
This title may be cited as the ``Department of
Transportation Appropriations Act, 2022''.
TITLE II
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Management and Administration
executive offices
For necessary salaries and expenses for Executive Offices,
which shall be comprised of the offices of the Secretary,
Deputy Secretary, Adjudicatory Services, Congressional and
Intergovernmental Relations, Public Affairs, Small and
Disadvantaged Business Utilization, and the Center for Faith-
Based and Neighborhood Partnerships, $15,000,000, to remain
available until September 30, 2023: Provided, That not to
exceed $25,000 of the amount made available under this
heading shall be available to the Secretary of Housing and
Urban Development (referred to in this title as the
``Secretary'') for official reception and representation
expenses as the Secretary may determine.
administrative support offices
For necessary salaries and expenses for Administrative
Support Offices, $594,418,000, to remain available until
September 30, 2023: Provided, That of the sums appropriated
under this heading--
(1) $77,906,000 shall be available for the Office of the
Chief Financial Officer;
(2) $112,274,000 shall be available for the Office of the
General Counsel, of which not less than $20,000,000 shall be
for the Departmental Enforcement Center;
(3) $276,843,000 shall be available for the Office of the
Assistant Secretary for Administration (which includes the
Office of Administration, the Office of the Chief Human
Capital Officer, and the Office of the Chief Procurement
Officer), of which not more than $5,143,000 may be for
modernization and deferred maintenance of the Weaver
Building;
(4) $59,652,000 shall be available for the Office of Field
Policy and Management;
(5) $4,300,000 shall be available for the Office of
Departmental Equal Employment Opportunity; and
(6) $63,443,000 shall be available for the Office of the
Chief Information Officer:
Provided further, That funds made available under this
heading may be used for necessary administrative and non-
administrative expenses of the Department, not otherwise
provided for, including purchase of uniforms, or allowances
therefor, as authorized by sections 5901 and 5902 of title 5,
United States Code; hire of passenger motor vehicles; and
services as authorized by section 3109 of title 5, United
States Code: Provided further, That notwithstanding any
other provision of law, funds appropriated under this heading
may be used for advertising and promotional activities that
directly support program activities funded in this title:
Provided further, That the Secretary shall provide the House
and Senate Committees on Appropriations quarterly written
notification regarding the status of pending congressional
reports: Provided further, That the Secretary shall provide
in electronic form all signed reports required by Congress.
program offices
For necessary salaries and expenses for Program Offices,
$950,329,000, to remain available until September 30, 2023:
Provided, That of the sums appropriated under this heading--
(1) $258,896,000 shall be available for the Office of
Public and Indian Housing, of which not less than $39,000,000
shall be for the Office of Native American Programs;
(2) $142,381,000 shall be available for the Office of
Community Planning and Development;
(3) $412,703,000 shall be available for the Office of
Housing, of which not less than $13,300,000 shall be for the
Office of Recapitalization;
(4) $37,320,000 shall be available for the Office of Policy
Development and Research;
(5) $88,726,000 shall be available for the Office of Fair
Housing and Equal Opportunity; and
(6) $10,303,000 shall be available for the Office of Lead
Hazard Control and Healthy Homes.
working capital fund
(including transfer of funds)
For the working capital fund for the Department of Housing
and Urban Development (referred to in this paragraph as the
``Fund''), pursuant, in part, to section 7(f) of the
Department of Housing and Urban Development Act (42 U.S.C.
3535(f)), amounts transferred, including reimbursements
pursuant to section 7(f), to the Fund under this heading
shall be available only for Federal shared services used by
offices and agencies of the Department, and for any such
portion of any office or agency's printing, records
management, space renovation, furniture, or supply services
the Secretary has determined shall be provided through the
Fund, and the operational expenses of the Fund: Provided,
That amounts within the Fund shall not be available to
provide services not specifically authorized under this
heading: Provided further, That upon a determination by the
Secretary that any other service (or portion thereof)
authorized under this heading shall be provided through the
Fund, amounts made available in this title for salaries and
expenses under the headings ``Executive Offices'',
``Administrative Support Offices'', ``Program Offices'', and
``Government National Mortgage Association'', for such
services shall be transferred to the Fund, to remain
available until expended: Provided further, That the
Secretary shall notify the House and Senate Committees on
Appropriations of its plans for executing such transfers at
least 15 days in advance of such transfers.
Public and Indian Housing
tenant-based rental assistance
For activities and assistance for the provision of tenant-
based rental assistance authorized under the United States
Housing Act of 1937, as amended (42 U.S.C. 1437 et seq.) (in
this title ``the Act''), not otherwise provided for,
$25,215,714,000, to remain available until expended, which
shall be available on October 1, 2021 (in addition to the
$4,000,000,000 previously appropriated under this heading
that shall be available on October 1, 2021), and
$4,000,000,000, to remain available until expended, which
shall be available on October 1, 2022: Provided, That the
amounts made available under this heading are provided as
follows:
(1) $24,950,926,000 shall be available for renewals of
expiring section 8 tenant-based annual contributions
contracts (including renewals of enhanced vouchers under any
provision of law authorizing such assistance under section
8(t) of the Act) and including renewal of other special
purpose incremental vouchers: Provided, That notwithstanding
any other provision of law, from amounts provided under this
paragraph and any carryover, the Secretary for the calendar
year 2022 funding cycle shall provide renewal funding for
each public housing agency based on validated voucher
management system (VMS) leasing and cost data for the prior
calendar year and by applying an inflation factor as
established by the Secretary, by notice published in the
Federal Register, and by making any necessary adjustments for
the costs associated with the first-time renewal of vouchers
under this paragraph, including tenant protection and Choice
Neighborhoods vouchers: Provided further, That costs
associated with any foregone increases in tenant rent
payments due to the implementation of rent incentives as
authorized pursuant to waivers or alternative requirements of
the Jobs-Plus initiative as described under the heading
``Self-Sufficiency Programs'' shall be renewed: Provided
further, That funds provided under this paragraph in this Act
and prior Acts 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 amounts
repurposed pursuant to the preceding proviso that were
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 are designated by the Congress as an emergency
requirement pursuant to section 1(f), or as being for
disaster relief pursuant to section 1(g), respectively, of H.
Res. 467 as engrossed in the House of Representatives on June
14, 2021: Provided further, That the Secretary shall, to the
extent necessary to stay within the amount specified under
this paragraph (except as otherwise modified under this
paragraph), prorate each public housing agency's allocation
otherwise established pursuant to this paragraph: Provided
further, That except as provided in the following provisos,
the entire amount specified under this paragraph (except as
otherwise modified under this paragraph) shall be obligated
to the public housing agencies based on the allocation and
pro rata method described above, and the Secretary shall
notify public housing agencies of their annual budget by the
latter of 60 days after enactment of this Act or March 1,
2022: Provided further, That the Secretary may extend the
notification period with the prior written approval of the
House and Senate Committees on Appropriations: Provided
further, That public housing agencies participating in the
MTW demonstration shall be funded in accordance with the
requirements of the MTW demonstration program or their MTW
agreements, if any, and shall be subject to the same pro rata
adjustments under the previous 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 previous two provisos
throughout the calendar year to prevent the termination of
rental assistance for families as the result of insufficient
funding, as determined by the Secretary, and to avoid or
reduce the proration of renewal funding allocations:
Provided further, That up to $100,000,000 shall be available
only:
[[Page H4034]]
(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
(including Mainstream vouchers) resulting from unforeseen
circumstances or from portability under section 8(r) of the
Act; (2) for vouchers that were not in use during the
previous 12-month period in order to be available to meet a
commitment pursuant to section 8(o)(13) of the Act, or an
adjustment for a funding obligation not yet expended in the
previous calendar year for a MTW-eligible activity to develop
affordable housing for an agency added to the MTW
demonstration under the expansion authority provided in
section 239 of the Transportation, Housing and Urban
Development, and Related Agencies Appropriations Act, 2016
(division L of Public Law 114-113); (3) for adjustments for
costs associated with HUD-Veterans Affairs Supportive Housing
(HUD-VASH) vouchers; (4) for public housing agencies that
despite taking reasonable cost savings measures, as
determined by the Secretary, would otherwise be required to
terminate rental assistance for families, including
Mainstream 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; and (6) for public housing agencies that have
experienced increased costs or loss of units in an area for
which the President declared a disaster under title IV of the
Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5170 et seq.): Provided further, That the
Secretary shall allocate amounts under the previous 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, the family unification program under section 8(x) of the
Act, 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 of the
amounts made available under this paragraph, up to
$10,000,000 shall be available to provide public housing
agencies with enhanced vouchers for families residing in
State-assisted projects financed between 1970 and 1979 that
were subject to a use agreement under the Low-Income Housing
Preservation and Resident Homeownership Act of 1990 (title VI
of Public Law 101-625; LIHPRHA) or the Emergency Low Income
Housing Preservation Act of 1987 (title II of Public Law 100-
242; ELIHPA) on the date the affordability protections at
such projects expire or terminate during calendar years 2021
and 2022: Provided further, That the State housing finance
agency shall submit the request to the Secretary for enhanced
vouchers for families residing in such eligible State-
assisted projects no later than the latter of 120 days prior
to the expiration or termination of affordability protections
at such projects or 120 days after enactment of this Act:
Provided further, That such enhanced vouchers shall not be
considered replacement vouchers: Provided further, That when
a public housing development is submitted for demolition or
disposition under section 18 of the Act, the Secretary shall
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 to the extent that the
Secretary determines that such units are not feasible for
continued rental assistance payments or transfer of the
subsidy contract associated with such units to another
project or projects and owner or owners, any remaining
amounts associated with such units under such contract shall
be recaptured and such recaptured amounts, in an amount equal
to the cost of rental assistance provided pursuant to the
previous proviso, up to the total amounts recaptured, shall
be transferred to and merged with amounts used under this
paragraph: Provided further, That of the amounts made
available under this paragraph, no less than $5,000,000 may
be available to provide tenant protection assistance, not
otherwise provided under this paragraph, to residents
residing in low vacancy areas and who may have to pay rents
greater than 30 percent of household income, as the result
of: (A) the maturity of a HUD-insured, HUD-held, or section
202 loan that requires the permission of the Secretary prior
to loan prepayment; (B) the expiration of a rental assistance
contract for which the tenants are not eligible for enhanced
voucher or tenant protection assistance under existing law;
or (C) the expiration of affordability restrictions
accompanying a mortgage or preservation program administered
by the Secretary: Provided further, That such tenant
protection assistance made available under the previous
proviso may be provided under the authority of section 8(t)
or section 8(o)(13) of the United States Housing Act of 1937
(42 U.S.C. 1437f(t)): Provided further, That the Secretary
shall issue guidance to implement the previous provisos,
including, but not limited to, requirements for defining
eligible at-risk households not later than 60 days after the
date of enactment of this Act: Provided further, That any
tenant protection voucher made available from amounts under
this paragraph shall not be reissued by any public housing
agency, except the replacement vouchers as defined by the
Secretary by notice, when the initial family that received
any such voucher no longer receives such voucher, and the
authority for any public housing agency to issue any such
voucher shall cease to exist: Provided further, That the
Secretary may only provide replacement vouchers for units
that were occupied within the previous 24 months that cease
to be available as assisted housing, subject only to the
availability of funds;
(3) $2,469,535,000 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 $10,000,000 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 $2,459,535,000 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 previous
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 previous 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 previous proviso: Provided further, That amounts
provided under this paragraph shall be only for activities
related to the provision of tenant-based rental assistance
authorized under section 8, including related development
activities;
(4) $500,253,000 shall be 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 for (1) 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) public housing agencies
that despite taking reasonable cost saving measures, as
determined by the Secretary, would otherwise be required to
terminate the rental assistance for Mainstream families as a
result of insufficient funding: Provided further, That the
Secretary shall allocate amounts under the previous proviso
based on need, as determined by the Secretary: Provided
further, That of the amounts made available under this
paragraph, up to $5,000,000 shall be available for a pilot
program for public housing agencies that partner with
administering entities under the Projects for Assistance in
Transition from Homelessness (PATH) program as authorized by
the Stewart B. McKinney Homeless Assistance Amendments Act of
1990 or other eligible entities, as determined by the
Secretary, to assist persons with serious mental illness:
Provided further, That the amounts made available in the
previous proviso shall be for incremental rental voucher
assistance, including project-based vouchers, under such
section 811 for non-elderly persons with serious mental
illness, and for administrative and other expenses of public
housing agencies: Provided further, That in awarding
assistance under such pilot program the Secretary may give
bonus points to public housing agencies giving preference to
individuals referred from the Coordinated Entry System (CES)
or operating a Family Self-Sufficiency program: Provided
further, That in administering such pilot program, the
Secretary may 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 such pilot (except for requirements related
to fair housing, nondiscrimination, labor standards, and the
environment), upon a finding by the Secretary that
[[Page H4035]]
any such waivers or alternative requirements are necessary
for the effective delivery and administration of such voucher
assistance: Provided further, That upon turnover, section
811 special purpose vouchers funded under this heading in
this or prior Acts, or under any other heading in prior Acts,
shall be provided to non-elderly persons with disabilities;
(5) Of the amounts provided under paragraph (1) up to
$5,000,000 shall be for rental assistance and associated
administrative fees for Tribal HUD-VASH to serve Native
American veterans that are homeless or at-risk of
homelessness living on or near a reservation or other Indian
areas: Provided, That such amount shall be made available
for renewal grants to recipients that received assistance
under prior Acts under the Tribal HUD-VASH program: Provided
further, That the Secretary shall be authorized to specify
criteria for renewal grants, including data on the
utilization of assistance reported by grant recipients:
Provided further, That such assistance shall be administered
in accordance with program requirements under the Native
American Housing Assistance and Self-Determination Act of
1996 and modeled after the HUD-VASH program: Provided
further, That the Secretary shall be authorized to waive, or
specify alternative requirements for any provision of any
statute or regulation that the Secretary administers in
connection with the use of funds made available under this
paragraph (except for requirements related to fair housing,
nondiscrimination, labor standards, and the environment),
upon a finding by the Secretary that any such waivers or
alternative requirements are necessary for the effective
delivery and administration of such assistance: Provided
further, That grant recipients shall report to the Secretary
on utilization of such rental assistance and other program
data, as prescribed by the Secretary: Provided further, That
the Secretary may reallocate, as determined by the Secretary,
amounts returned or recaptured from awards under the Tribal
HUD-VASH program under prior Acts to existing recipients
under the Tribal HUD-VASH program;
(6) $20,000,000 shall be for incremental rental voucher
assistance for use through a supported housing program
administered in conjunction with the Department of Veterans
Affairs as authorized under section 8(o)(19) of the United
States Housing Act of 1937: Provided, That the Secretary of
Housing and Urban Development shall make such funding
available, notwithstanding section 203 (competition
provision) of this title, to public housing agencies that
partner with eligible VA Medical Centers or other entities as
designated by the Secretary of Veterans Affairs, based on
geographical need for such assistance as identified by the
Secretary 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 Veterans Affairs: Provided
further, That of the amounts made available under this
paragraph, up to $5,000,000 may be allocated to public
housing agencies administering temporary case management and
supportive services to HUD-VASH eligible veterans that have
not yet received a referral from the Department of Veterans
Affairs: Provided further, That the Secretary of Housing and
Urban Development may waive, or specify alternative
requirements for (in consultation with the Secretary of
Veterans Affairs), any provision of any statute or regulation
that the Secretary of Housing and Urban Development
administers in connection with the use of funds made
available under this paragraph (except for requirements
related to fair housing, nondiscrimination, labor standards,
and the environment), upon a finding by the Secretary that
any such waivers or alternative requirements are necessary
for the effective delivery and administration of such voucher
assistance: Provided further, That assistance made available
under this paragraph shall continue to remain available for
homeless veterans upon turn-over;
(7) $25,000,000 shall be made available for the family
unification program as authorized under section 8(x) of the
Act: Provided, That the amounts made available under this
paragraph are provided as follows:
(A) $5,000,000 shall be for new incremental voucher
assistance: Provided, That the assistance made available
under this subparagraph shall continue to remain available
for family unification upon turnover; and
(B) $20,000,000 shall be for new incremental voucher
assistance to assist eligible youth as defined by such
section 8(x)(2)(B) of the Act: 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 $10,000,000 shall be available
on a noncompetitive basis to public housing agencies that
partner with public child welfare agencies to identify such
eligible youth, that request such assistance to timely assist
such eligible youth, and that meet any other criteria as
specified by the Secretary: Provided further, That the
Secretary shall review utilization of the assistance made
available under the previous 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 previous
proviso:
Provided further, That for any public housing agency
administering voucher assistance appropriated in a prior Act
under the family unification program, or made available and
competitively selected under this paragraph, that determines
that it no longer has an identified need for such assistance
upon turnover, such agency shall notify the Secretary, and
the Secretary shall recapture such assistance from the agency
and reallocate it to any other public housing agency or
agencies based on need for voucher assistance in connection
with such specified program or eligible youth, as applicable;
(8) $1,000,000,000 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) $150,000,000 shall be for mobility-related services, as
defined by the Secretary, for voucher families with children
modeled after services provided in connection with the
mobility demonstration authorized under section 235 of
division G of the Consolidated Appropriations Act, 2019 (42
U.S.C. 1437f note; Public Law 116-6), Provided, That the
Secretary shall make funding available to public housing
agencies on a competitive basis and shall give preference to
public housing agencies with higher concentrations of housing
choice voucher families with children residing in high-
poverty neighborhoods: Provided further, That the Secretary
may recapture from the public housing agencies unused
balances based on utilization of such awards and reallocate
such amounts to any other public housing agency or agencies
based on need for such mobility-related services as
identified under such competition; and
(10) the Secretary shall separately track all special
purpose vouchers funded under this heading.
housing certificate fund
(including rescissions)
Unobligated balances, including recaptures and carryover,
remaining from funds appropriated to the Department of
Housing and Urban Development under this heading, the heading
``Annual Contributions for Assisted Housing'' and the heading
``Project-Based Rental Assistance'', for fiscal year 2022 and
prior years may be used for renewal of or amendments to
section 8 project-based contracts and for performance-based
contract administrators, notwithstanding the purposes for
which such funds were appropriated: Provided, That any
obligated balances of contract authority from fiscal year
1974 and prior fiscal years that have been terminated shall
be rescinded: Provided further, That amounts heretofore
recaptured, or recaptured during the current fiscal year,
from section 8 project-based contracts from source years
fiscal year 1975 through fiscal year 1987 are hereby
rescinded, and an amount of additional new budget authority,
equivalent to the amount rescinded is hereby appropriated, to
remain available until expended, for the purposes set forth
under this heading, in addition to amounts otherwise
available.
public housing fund
For 2022 payments to public housing agencies for the
operation and management of public housing, as authorized by
section 9(e) of the United States Housing Act of 1937 (42
U.S.C. 1437g(e)) (in this heading ``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)), $8,640,000,000, to remain available until
September 30, 2025: Provided, That the amounts made
available under this heading are provided as follows:
(1) $4,897,000,000 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:
Provided, That the amount of any forgone increases in tenant
rent payments due to the implementation of rent incentives as
authorized pursuant to waivers or alternative requirements of
the Jobs-Plus initiative as described under the heading
``Self-Sufficiency Programs'' shall be factored into the
public housing agencies' general operating fund eligibility
pursuant to such formula;
(2) $25,000,000 shall be available to the Secretary to
allocate pursuant to a need-based application process
notwithstanding section 203 of this title and not subject to
such Operating Fund formula to public housing agencies that
experience, or are at risk of, financial shortfalls, as
determined by the Secretary: Provided, That after all such
shortfall needs are met, the Secretary may distribute any
remaining funds to all public housing agencies on a pro-rata
basis pursuant to such Operating Fund formula;
(3) $3,400,000,000 shall be available to the Secretary to
allocate pursuant to the Capital Fund formula at section
905.400 of title 24, Code of Federal Regulations: Provided,
That for funds provided under this paragraph, the limitation
in section 9(g)(1) of the Act shall be 25 percent: Provided
further, That the Secretary may waive the limitation in the
previous proviso to allow public housing agencies to fund
activities authorized under section 9(e)(1)(C) of the Act:
Provided further, That the Secretary shall notify public
housing agencies requesting waivers under the previous
proviso if the request is approved or denied within 14 days
of submitting the request: Provided further, That from the
funds made available under this paragraph, the Secretary
shall provide bonus awards in fiscal year 2022 to public
housing agencies that are designated high performers:
Provided further, That the Department shall notify public
housing agencies of their formula allocation not later than
60 days after the date of enactment of this Act;
(4) $65,000,000 shall be available for the Secretary to
make grants, notwithstanding section
[[Page H4036]]
203 of this title, to public housing agencies for emergency
capital needs, including safety and security measures
necessary to address crime and drug-related activity, as well
as needs resulting from unforeseen or unpreventable
emergencies and natural disasters excluding Presidentially
declared emergencies and natural disasters under the Robert
T. Stafford Disaster Relief and Emergency Act (42 U.S.C. 5121
et seq.) occurring in fiscal year 2022, of which $45,000,000
shall be available for public housing agencies under
administrative and judicial receiverships or under the
control of a Federal monitor: Provided, That of the amount
made available under this paragraph, not less than
$10,000,000 shall be for safety and security measures:
Provided further, That in addition to the amount in the
previous proviso for such safety and security measures, any
amounts that remain available, after all applications
received on or before September 30, 2023, for emergency
capital needs have been processed, shall be allocated to
public housing agencies for such safety and security
measures;
(5) $65,000,000 shall be for competitive grants to public
housing agencies to evaluate and reduce lead-based paint
hazards in public housing 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))
and for competitive grants to public housing agencies for
activities authorized under 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 mold, radon, carbon
monoxide poisoning, fires, and other housing-related diseases
and hazards: Provided, 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 may be combined with amounts made available
under this paragraph in the Consolidated Appropriations Act,
2021 (Public Law 116-260) and used in accordance with the
purposes and requirements under this paragraph: Provided,
That of the amounts made available under this paragraph, up
to $5,000,000 may be used for a radon testing and mitigation
resident safety demonstration program (the radon
demonstration) in public housing under the same terms and
conditions under this heading in paragraph (9) of the
Consolidated Appropriations Act, 2021 (Public Law 116-260):
Provided further, That amounts made available under this
paragraph may be used for competitive grants to public
housing agencies that improve water and energy efficiency, or
reduce the risk of harm to occupants or property from natural
hazards;
(6) $15,000,000 shall be to support the costs of
administrative and judicial receiverships and for competitive
grants to PHAs in receivership, designated troubled or
substandard, or otherwise at risk, as determined by the
Secretary, for costs associated with public housing asset
improvement, in addition to other amounts for that purpose
provided under any heading under this title; and
(7) $23,000,000 shall be to support ongoing public housing
financial and physical assessment activities;
(8) $100,000,000 shall be for competitive grants to public
housing agencies for capital improvements to reduce utility
consumption or improve the climate resilience of public
housing: Provided, That for purposes of environmental review,
grants 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; and
(9) $50,000,000 shall be available for public housing to
promote energy and water efficiency initiatives, including an
Energy Performance Contract Incentive pilot program for
public housing authorized under section 9(e)(2)(C) of the
United States Housing Act of 1937 and utilities benchmarking
required pursuant to sections 990.185(c) and 990.190 of title
24, Code of Federal Regulations: Provided, That to enable
innovative strategies within the Energy Performance Contract
Incentive pilot program, the Secretary may waive such
statutory and regulatory requirements as may be necessary to
permit public housing agencies to propose alternative energy
performance contract incentives or requirements and to carry
out innovative approaches to program administration: Provided
further, That for purposes of environmental review, grants
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 notwithstanding any other provision
of law or regulation, during fiscal year 2022, the Secretary
of Housing and Urban Development may not delegate to any
Department official other than the Deputy Secretary and the
Assistant Secretary for Public and Indian Housing any
authority under paragraph (2) of section 9(j) of the Act
regarding the extension of the time periods under such
section: Provided further, That for purposes of such section
9(j), the term ``obligate'' means, with respect to amounts,
that the amounts are subject to a binding agreement that will
result in outlays, immediately or in the future.
choice neighborhoods initiative
For competitive grants under the Choice Neighborhoods
Initiative (subject to section 24 of the United States
Housing Act of 1937 (42 U.S.C. 1437v) unless otherwise
specified under this heading), for transformation,
rehabilitation, and replacement housing needs of public and
HUD-assisted housing and to transform neighborhoods of
poverty into functioning, sustainable, mixed-income
neighborhoods with appropriate services, schools, public
assets, transportation, and access to jobs, $400,000,000, to
remain available until September 30, 2026: Provided, That
grant funds may be used for resident and community services,
community development, and affordable housing needs in the
community, and for conversion of vacant or foreclosed
properties to affordable housing: Provided further, That not
more than 20 percent of the amount of any grant made with
amounts made available under this heading may be used for
necessary supportive services notwithstanding subsection
(d)(1)(L) of such section 24: Provided further, That the use
of amounts made available under this heading shall not be
deemed to be for public housing, notwithstanding section
3(b)(1) of such Act: Provided further, That grantees shall
commit to an additional period of affordability determined by
the Secretary of not fewer than 20 years: Provided further,
That the Secretary may specify a period of affordability that
is less than 20 years with respect to homeownership units
developed with grants from amounts made available under this
heading: Provided further, That grantees shall provide a
match in State, local, other Federal, or private funds:
Provided further, That grantees may include local
governments, tribal entities, public housing agencies, and
nonprofit organizations: Provided further, That for-profit
developers may apply jointly with a public entity: Provided
further, That for purposes of environmental review, a grantee
shall be treated as a public housing agency under section 26
of the United States Housing Act of 1937 (42 U.S.C. 1437x)
and grants from amounts made 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
$200,000,000 shall be awarded to public housing agencies:
Provided further, That such grantees shall create
partnerships with other local organizations, including
assisted housing owners, service agencies, and resident
organizations: Provided further, That the Secretary shall
consult with the Secretaries of Education, Labor,
Transportation, Health and Human Services, Agriculture, and
Commerce, the Attorney General, and the Administrator of the
Environmental Protection Agency to coordinate and leverage
other appropriate Federal resources: Provided further, That
not more than $10,000,000 of the amounts made available under
this heading may be provided as grants to undertake
comprehensive local planning with input from residents and
the community: Provided further, That unobligated balances,
including recaptures, remaining from amounts made available
under the heading ``Revitalization of Severely Distressed
Public Housing (HOPE VI)'' in fiscal year 2011 and prior
fiscal years may be used for purposes under this heading,
notwithstanding the purposes for which such amounts were
appropriated: Provided further, That the Secretary shall
issue the Notice of Funding Opportunity for amounts made
available under this heading not later than 90 days after the
date of enactment of this Act: Provided further, That the
Secretary shall make grant awards not later than 1 year after
the date of enactment of this Act in such amounts that the
Secretary determines: Provided further, That notwithstanding
section 24(o) of the United States Housing Act of 1937 (42
U.S.C. 1437v(o)), the Secretary may, until September 30,
2022, obligate any available unobligated balances made
available under this heading in this or any prior Act.
self-sufficiency programs
For activities and assistance related to Self-Sufficiency
Programs, to remain available until September 30, 2025,
$200,000,000: Provided, That the amounts made available
under this heading are provided as follows:
(1) $150,000,000 shall be for the Family Self-Sufficiency
program to support family self-sufficiency coordinators under
section 23 of the United States Housing Act of 1937 (42
U.S.C. 1437u), to promote the development of local strategies
to coordinate the use of assistance under sections 8 and 9 of
such Act with public and private resources, and to enable
eligible families to achieve economic independence and self-
sufficiency: Provided, That the Secretary may, by notice
published in the Federal Register, waive or specify
alternative requirements for the 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 upon the Secretary issuing
a final rule for the proposed rule entitled ``Streamlining
and Implementation of Economic Growth, Regulatory Relief, and
Consumer Protection Act Changes to Family Self-Sufficiency
(FSS) Program'' published in the Federal Register on
September 21, 2020 (85 Fed. Reg. 59234) or any final rule
based substantially on such proposed rule, an owner or
sponsor of a multifamily property receiving project-based
rental assistance under section 8 of such Act shall be
eligible to receive awards from the Secretary under this
paragraph in this and prior Acts to support family self-
sufficiency coordinators: Provided further, That owners or
sponsors of a multifamily property receiving project-based
rental assistance under section 8 of such Act may voluntarily
make a Family Self-Sufficiency program available to the
assisted tenants of such property in accordance with
procedures established by the Secretary:
[[Page H4037]]
Provided further, That such procedures established pursuant
to the preceding proviso shall permit participating tenants
to accrue escrow funds in accordance with section 23(d)(2) of
such Act and shall allow owners to use funding from residual
receipt accounts to hire coordinators for their own Family
Self-Sufficiency program;
(2) $35,000,000 shall be for the Resident Opportunity and
Self-Sufficiency program to provide for supportive services,
service coordinators, and congregate services, as authorized
by section 34 of the United States Housing Act of 1937 (42
U.S.C. 1437z-6) and the Native American Housing Assistance
and Self-Determination Act of 1996 (25 U.S.C. 4101 et seq.);
and
(3) $15,000,000 shall be for a Jobs-Plus initiative modeled
after the Jobs-Plus demonstration: Provided, That amounts
made available in this paragraph shall be for competitive
grants to public housing agencies or owners or sponsors of
multifamily properties receiving project-based rental
assistance under section 8 that, in partnership with, 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, or tenants
residing in a unit assisted under a project-based section 8
contract (including section 8(o)(13) of the United States
Housing Act of 1973), obtain employment or increase earnings,
or both: Provided further, That applicants shall demonstrate
the ability to provide services to such residents or tenants,
partner with workforce investment boards, and leverage
service dollars: Provided further, That the Secretary may
allow public housing agencies to request exemptions from rent
and income limitation requirements under sections 3 and 6 of
the United States Housing Act of 1937 (42 U.S.C. 1437a,
1437d), as necessary to implement the Jobs-Plus program, on
such terms and conditions as the Secretary may approve upon a
finding by the Secretary that any such waivers or alternative
requirements are necessary for the effective implementation
of the Jobs-Plus initiative as a voluntary program for
residents: Provided further, That the Secretary shall
publish a notice in the Federal Register of any waivers or
alternative requirements pursuant to the preceding proviso
not later than 10 days before the effective date of such
notice: Provided further, That the costs of any rent
incentives as authorized pursuant to such waivers or
alternative requirements shall not be charged against the
competitive grant amounts made available in this paragraph.
native american programs
For activities and assistance authorized under title I of
the Native American Housing Assistance and Self-Determination
Act of 1996 (in this heading ``NAHASDA'') (25 U.S.C. 4111 et
seq.), title I of the Housing and Community Development Act
of 1974 (42 U.S.C. 5301 et seq.) with respect to Indian
tribes, and related training and technical assistance,
$950,000,000, to remain available until September 30, 2026:
Provided, That the amounts made available under this heading
are provided as follows:
(1) $722,000,000 shall be for the Native American Housing
Block Grants program, as authorized under title I of NAHASDA:
Provided, That, notwithstanding NAHASDA, to determine the
amount of the allocation under title I of such Act for each
Indian tribe, the Secretary shall apply the formula under
section 302 of such Act with the need component based on
single-race census data and with the need component based on
multi-race census data, and the amount of the allocation for
each Indian tribe shall be the greater of the two resulting
allocation amounts: Provided further, That the Secretary
shall notify grantees of their formula allocation not later
than 60 days after the date of enactment of this Act;
(2) $150,000,000 shall be for competitive grants under the
Native American Housing Block Grants program, as authorized
under title I of NAHASDA: Provided, That the Secretary shall
obligate such amount for competitive grants to eligible
recipients authorized under NAHASDA that apply for funds:
Provided further, That in awarding amounts made available in
this paragraph, the Secretary shall consider need and
administrative capacity, and shall give priority to projects
that will spur construction and rehabilitation of housing:
Provided further, That the Secretary may also give priority
to projects that improve water or energy efficiency or
increase resilience to natural hazards for housing units
owned, operated, or assisted by eligible recipients
authorized under NAHASDA: Provided further, That a grant
funded pursuant to this paragraph shall be in an amount not
greater than $5,000,000: 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) $70,000,000 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
$4,000,000 may be used for emergencies that constitute
imminent threats to health and safety: Provided, That not to
exceed 20 percent of any grant made with amounts made
available in this paragraph shall be expended for planning
and management development and administration: Provided
further, That the Secretary may give priority to projects
that include activities that improve water or energy
efficiency or increase resilience to natural hazards; and
(5) $7,000,000 shall be for providing training and
technical assistance to Indian tribes, Indian housing
authorities, and tribally designated housing entities, to
support the inspection of Indian housing units, for contract
expertise, and for training and technical assistance related
to amounts made available under this heading and other
headings in this Act for the needs of Native American
families and Indian country: Provided, That of the amounts
made available in this paragraph, not less than $2,000,000
shall be for a national organization as authorized under
section 703 of NAHASDA (25 U.S.C. 4212): Provided further,
That amounts made available in this paragraph may be used,
contracted, or competed as determined by the Secretary:
Provided further, That notwithstanding chapter 63 of title
31, United States Code (commonly known as the Federal Grant
and Cooperative Agreements Act of 1977), the amounts made
available in this paragraph may be used by the Secretary to
enter into cooperative agreements with public and private
organizations, agencies, institutions, and other technical
assistance providers to support the administration of
negotiated rulemaking under section 106 of NAHASDA (25 U.S.C.
4116), the administration of the allocation formula under
section 302 of NAHASDA (25 U.S.C. 4152), and the
administration of performance tracking and reporting under
section 407 of NAHASDA (25 U.S.C. 4167).
indian housing loan guarantee fund program account
For the cost of guaranteed loans, as authorized by section
184 of the Housing and Community Development Act of 1992 (12
U.S.C. 1715z-13a), $3,000,000, to remain available until
expended: Provided, That such costs, including the costs of
modifying such loans, shall be as defined in section 502 of
the Congressional Budget Act of 1974 (2 U.S.C. 661a):
Provided further, That an additional $500,000, to remain
available until expended, shall be for administrative
contract expenses, including management processes to carry
out the loan guarantee program: Provided further, That for
fiscal year 2022 amounts made available in this and prior
Acts for the cost of guaranteed loans, as authorized by
section 184 of the Housing and Community Development Act of
1992 (12 U.S.C. 1715z-13a), that are unobligated, including
recaptures and carryover, shall be available to subsidize
total loan principal, any part of which is to be guaranteed,
not to exceed $1,400,000,000, to remain available until
September 30, 2023.
native hawaiian housing block grant
For the Native Hawaiian Housing Block Grant program, as
authorized under title VIII of the Native American Housing
Assistance and Self-Determination Act of 1996 (25 U.S.C. 4221
et seq.), $4,000,000, to remain available until September 30,
2026: Provided, That notwithstanding section 812(b) of such
Act (25 U.S.C. 4231(b)), the Department of Hawaiian Home
Lands may not invest grant amounts made available under this
heading in investment securities and other obligations:
Provided further, That amounts made available under this
heading in this and prior fiscal years may be used to provide
rental assistance to eligible Native Hawaiian families both
on and off the Hawaiian Home Lands, notwithstanding any other
provision of law.
native hawaiian housing loan guarantee fund program account
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.
Community Planning and Development
housing opportunities for persons with aids
For carrying out the Housing Opportunities for Persons with
AIDS program, as authorized by the AIDS Housing Opportunity
Act (42 U.S.C. 12901 et seq.), $600,000,000, 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
prior to allocating amounts under this heading pursuant to
the allocation formula under section 854(c) of such Act, the
Secretary shall set aside no more than $6,000,000 of the
total amount made available under this heading and shall
allocate such amount (notwithstanding such section 854(c)) as
an additional amount to all grantees that would experience a
reduced formula allocation in fiscal year 2022 when compared
to the fiscal year 2021 allocation, in an amount proportional
to the reduction: Provided further, That the Secretary shall
allocate amounts in the previous proviso such that
allocations to such grantees do not exceed 105 percent of
their fiscal year 2021 allocations: Provided further, That
any amounts remaining from the amount set aside and allocated
under the previous two provisos may be allocated pursuant to
section 854(c)(5) of such Act: Provided further, That in
awarding nonformula amounts the Secretary shall give first
priority to the renewal or replacement of expiring
[[Page H4038]]
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 for grantees of such expiring contracts
that propose to integrate best practices in a new or updated
service model or demonstrate the effectiveness of current
service models: Provided further, That in the event a
grantee's application under the previous proviso does not
meet the requirements for such priority, the Secretary may
renew such contract for a period not to exceed 1 year and
shall give priority for new awards to applicants that propose
to serve the jurisdiction or jurisdictions previously served
by such grantee: Provided further, That the Secretary shall
also give priority to any applicants that propose models that
include a measurable demonstration outcome: Provided further,
That the application process for such nonformula amounts that
applies such priorities, including the process for submitting
and approving proposals for the renewal or replacement of
such contracts, shall be established by the Secretary in a
notice: Provided further, That the Department shall notify
grantees of their formula allocation not later than 60 days
after the date of enactment of this Act.
community development fund
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 1974 Act''), $4,688,000,000, to remain
available until September 30, 2024, unless otherwise
specified: Provided, That unless explicitly provided for
under this heading, not to exceed 20 percent of any grant
made with funds made available under this heading shall be
expended for planning and management development and
administration: Provided further, That a metropolitan city,
urban county, unit of general local government, or insular
area that directly or indirectly receives funds under this
heading may not sell, trade, or otherwise transfer all or any
portion of such funds to another such entity in exchange for
any other funds, credits, or non-Federal considerations, but
shall use such funds for activities eligible under title I of
the 1974 Act: Provided further, That notwithstanding section
105(e)(1) of the 1974 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, up to $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 this heading: Provided further,
That the Secretary shall allocate the funds for such
activities based on the notice establishing the funding
formula published in the Federal Register on April 17, 2019
(84 Fed. Reg. 16027) except that the formula shall use age-
adjusted rates of drug overdose deaths for 2018 based on data
from the Centers for Disease Control and Prevention:
Provided further, That of the amount made available under
this heading, not more than $935,500,000 shall be available
for grants for the Economic Development Initiative (EDI) to
finance a variety of targeted housing, economic, and
community development investments for the purposes, and in
the amounts, specified for this account in the table titled
``Incorporation of Community Project Funding'' included in
the report accompanying this Act and in accordance with the
terms and conditions specified in such report: Provided
further, That the Secretary shall not waive or specify
alternative requirements related to fair housing,
nondiscrimination, labor standards, and the environment in
connection with the obligation by the Secretary or the use by
the recipient of amounts made available in the preceding
proviso: Provided further, That none of the amounts made
available in the previous two provisos shall be used for
reimbursement of expenses incurred prior to the obligation of
funds: Provided further, That the Department of Housing and
Urban Development shall notify grantees of their formula
allocation not later than 60 days after the date of enactment
of this Act.
community development loan guarantees program account
Subject to section 502 of the Congressional Budget Act of
1974 (2 U.S.C. 661a), during fiscal year 2022, commitments to
guarantee loans under section 108 of the Housing and
Community Development Act of 1974 (42 U.S.C. 5308), any part
of which is guaranteed, shall not exceed a total principal
amount of $300,000,000, notwithstanding any aggregate
limitation on outstanding obligations guaranteed in
subsection (k) of such section 108: Provided, That the
Secretary shall collect fees from borrowers, notwithstanding
subsection (m) of such section 108, to result in a credit
subsidy cost of zero for guaranteeing such loans, and any
such fees shall be collected in accordance with section
502(7) of the Congressional Budget Act of 1974: Provided
further, That such commitment authority funded by fees may be
used to guarantee, or make commitments to guarantee, notes or
other obligations issued by any State on behalf of non-
entitlement communities in the State in accordance with the
requirements of such section 108: Provided further, That any
State receiving such a guarantee or commitment under the
preceding proviso shall distribute all funds subject to such
guarantee to the units of general local government in
nonentitlement areas that received the commitment.
home investment partnerships program
For the HOME Investment Partnerships program, as authorized
under title II of the Cranston-Gonzalez National Affordable
Housing Act, as amended (42 U.S.C. 12721 et seq.),
$1,850,000,000, to remain available until September 30, 2025:
Provided, That of the amount made available under this
heading, up to $50,000,000 shall be for awards to States and
insular areas for assistance to homebuyers as authorized
under section 212(a)(1) of such Act (42 U.S.C. 12742(a)(1)),
in addition to amounts otherwise available for such purpose:
Provided further, That amounts made available under the
preceding proviso shall be allocated in the same manner as
amounts otherwise made available under this heading, except
that amounts that would have been reserved and allocated to
units of general local government within the State pursuant
to section 217 of such Act (42 U.S.C. 12747) shall be
provided to the State: Provided further, That the Secretary
may waive or specify alternative requirements for any
provision of such Act in connection with the use of amounts
made available under the previous two provisos (except for
requirements related to fair housing, nondiscrimination,
labor standards, and the environment) upon a finding that any
such waivers or alternative requirements are necessary to
expedite or facilitate the use of amounts awarded pursuant to
the preceding provisos: Provided further, That
notwithstanding section 231(b) of such Act (42 U.S.C.
12771(b)), all unobligated balances remaining from amounts
recaptured pursuant to such section that remain available
until expended shall be combined with amounts made available
under this heading and allocated in accordance with the
formula under section 217(b)(1)(A) of such Act (42 U.S.C.
12747(b)(1)(A)): Provided further, That the Department shall
notify grantees of their formula allocations not later than
60 days after the date of 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 2016, 2017, 2018, 2019,
2020, 2021, 2022, 2023, or 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
2018, 2019, 2020, 2021, 2022, 2023, or 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,
$65,000,000, to remain available until September 30, 2024:
Provided, That the amounts made available under this heading
are provided as follows:
(1) $15,000,000 shall be for the Self-Help Homeownership
Opportunity Program as authorized under such section 11;
(2) $45,000,000 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; and
(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.
homeless assistance grants
For assistance under title IV of the McKinney-Vento
Homeless Assistance Act (42 U.S.C. 11360 et seq.),
$3,420,000,000, to remain available until September 30, 2024:
Provided, That of the amounts made available under this
heading--
(1) not less than $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 further, 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) not less than $3,031,000,000 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 further, That the Secretary
shall prioritize funding under the Continuum of Care program
to continuums of care that have demonstrated a capacity to
reallocate funding from lower performing projects to higher
performing projects: Provided further, That the Secretary
shall provide incentives to create projects that coordinate
with housing providers and healthcare organizations to
provide permanent supportive housing and rapid re-housing
services: Provided further, That the of the amounts made
available for the Continuum of Care program under this
paragraph, not less than $52,000,000 shall be for the grants
for new rapid re-housing 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) up to $7,000,000 shall be for the national homeless
data analysis project: Provided further, That
notwithstanding the provisions of the
[[Page H4039]]
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) up to $92,000,000 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 further, That of the amount made
available under this paragraph, up to $10,000,000 shall be to
provide technical assistance 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 previous proviso to build the capacity of
current technical assistance providers or to train new
technical assistance providers with verifiable prior
experience with systems and programs for youth experiencing
homelessness:
Provided further, That youth aged 24 and under seeking
assistance under this heading shall not be required to
provide third party documentation to establish their
eligibility under subsection (a) or (b) of section 103 of the
McKinney-Vento Homeless Assistance Act (42 U.S.C. 11302) to
receive services: Provided further, That unaccompanied youth
aged 24 and under or families headed by youth aged 24 and
under who are living in unsafe situations may be served by
youth-serving providers funded under this heading: Provided
further, That persons eligible under section 103(a)(5) of the
McKinney-Vento Homeless Assistance Act may be served by any
project funded under this heading to provide both
transitional housing and rapid re-housing: Provided further,
That for all matching funds requirements applicable to funds
made available under this heading for this fiscal year and
prior fiscal years, a grantee may use (or could have used) as
a source of match funds other funds administered by the
Secretary and other Federal agencies unless there is (or was)
a specific statutory prohibition on any such use of any such
funds: Provided further, That none of the funds made
available under this heading shall be available to provide
funding for new projects, except for projects created through
reallocation, unless the Secretary determines that the
continuum of care has demonstrated that projects are
evaluated and ranked based on the degree to which they
improve the continuum of care's system performance: Provided
further, That any unobligated amounts remaining from funds
made available under this heading in fiscal year 2012 and
prior years for project-based rental assistance for
rehabilitation projects with 10-year grant terms may be used
for purposes under this heading, notwithstanding the purposes
for which such funds were appropriated: Provided further,
That unobligated balances, including recaptures and
carryover, remaining from funds transferred to or
appropriated under this heading in fiscal year 2019 or prior
years, except for rental assistance amounts that were
recaptured and made available until expended, shall be
available for the current purposes authorized under this
heading in addition to the purposes for which such funds
originally were appropriated.
Housing Programs
project-based rental assistance
For activities and assistance for the provision of project-
based subsidy contracts under the United States Housing Act
of 1937 (42 U.S.C. 1437 et seq.) (in this heading ``the
Act''), not otherwise provided for, $13,610,000,000, to
remain available until expended, which 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, which shall be available on October 1, 2022:
Provided, That the amounts made available under this heading
shall be 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 the amount of any foregone increases
in tenant rent payments due to the implementation of rent
incentives as authorized pursuant to waivers or alternative
requirements of the Jobs-Plus initiative as described under
the heading ``Self-Sufficiency Programs'' shall be factored
into housing assistance payments under project-based subsidy
contracts: Provided further, That of the total amounts made
available under this heading, not to exceed $355,000,000
shall be for performance-based contract administrators or
contractors for section 8 project-based assistance, for
carrying out 42 U.S.C. 1437f: Provided further, That the
Secretary may also use such amounts made available in the
preceding proviso for performance-based contract
administrators or contractors for the administration of:
(1) interest reduction payments pursuant to section 236(a)
of the National Housing Act (12 U.S.C. 1715z-1(a));
(2) rent supplement payments pursuant to section 101 of the
Housing and Urban Development Act of 1965 (12 U.S.C. 1701s);
(3) rental assistance payments under section 236(f)(2) of
the National Housing Act (12 U.S.C. 1715z-1(f)(2));
(4) project rental assistance contracts for housing for the
elderly under section 202(c)(2) of the Housing Act of 1959
(12 U.S.C. 1701q(c)(2));
(5) 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));
(6) project assistance contracts pursuant to section 202(h)
of the Housing Act of 1959 (Public Law 86-372; 73 Stat. 667);
and
(7) loans under section 202 of the Housing Act of 1959 (12
U.S.C. 1701q):
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 or contractors, notwithstanding the purposes
for which such amounts were appropriated: Provided further,
That of the total amounts made available under this heading,
$10,000,000 shall be for tenant capacity-building and
technical assistance activities authorized under section
514(f) of the Multifamily Assisted Housing Reform and
Affordability Act of 1997, notwithstanding the amount
specified in such section: Provided further, That,
notwithstanding any other provision of law, upon the request
of the Secretary, project funds that are held in residual
receipts accounts for any project subject to a section 8
project-based Housing Assistance Payments contract that
authorizes the Department or a housing finance agency to
require that surplus project funds be deposited in an
interest-bearing residual receipts account and that are in
excess of an amount to be determined by the Secretary, shall
be remitted to the Department and deposited in this account,
to be available until expended: Provided further, That
amounts deposited pursuant to the preceding proviso shall be
available in addition to the amount otherwise provided under
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 the Secretary may give preference to capital
advance projects that promote water and energy efficiency or
are resilient to natural hazards: Provided further, That of
the amount made available under this heading, up to
$125,000,000 shall be for service coordinators and the
continuation of existing congregate service grants for
residents of assisted housing projects: Provided further,
That amounts made available under this heading shall be
available for Real Estate Assessment Center inspections and
inspection-related activities associated with section 202
projects: Provided further, That the Secretary may waive the
provisions of section 202 governing the terms and conditions
of project rental assistance, except that the initial
contract term for such assistance shall not exceed 5 years in
duration: Provided further, That upon request of the
Secretary, project funds that are held in residual receipts
accounts for any project subject to a section 202 project
rental assistance contract, and that upon termination of such
contract are in excess of an amount to be determined by the
Secretary, shall be remitted to the Department and deposited
in this account, to remain available until September 30,
2025: Provided further, That amounts deposited in this
account pursuant to the previous proviso shall be available,
in addition to the amounts otherwise provided by this
heading, for the purposes authorized under this heading:
Provided further, That unobligated balances, including
recaptures and carryover, remaining from funds transferred to
or appropriated under this heading shall be available for the
current purposes authorized under this heading in addition to
the purposes for which such funds originally were
appropriated: Provided further, That of the total amount
made available under this heading, up to $10,000,000 shall be
used to expand the supply of intergenerational dwelling units
(as such term is defined in section 202 of the Legacy Act of
2003 (12 U.S.C. 1701q note)) for elderly caregivers raising
children: Provided further, That for the purposes of the
previous 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.
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
[[Page H4040]]
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 the Secretary may give
preference to capital advance projects that promote water and
energy efficiency or are resilient to natural hazards:
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 811 projects: 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 (12 U.S.C. 1701x) $100,000,000,
to remain available until September 30, 2023, including up to
$4,500,000 for administrative contract services: Provided,
That funds shall be used for providing counseling and advice
to tenants and homeowners, both current and prospective, with
respect to property maintenance, financial management or
literacy, and such other matters as may be appropriate to
assist them in improving their housing conditions, meeting
their financial needs, and fulfilling the responsibilities of
tenancy or homeownership, for program administration, and for
housing counselor training: Provided further, That for
purposes of awarding grants from amounts made available under
this heading, the Secretary may enter into multiyear
agreements, as appropriate, subject to the availability of
annual appropriations.
payment to manufactured housing fees trust fund
For necessary expenses as authorized by the National
Manufactured Housing Construction and Safety Standards Act of
1974 (42 U.S.C. 5401 et seq.), up to $14,000,000, to remain
available until expended, of which $14,000,000 shall be
derived from the Manufactured Housing Fees Trust Fund
(established under section 620(e) of such Act (42 U.S.C.
5419(e)): Provided, That not to exceed the total amount
appropriated under this heading shall be available from the
general fund of the Treasury to the extent necessary to incur
obligations and make expenditures pending the receipt of
collections to the Fund pursuant to section 620 of such Act:
Provided further, That the amount made available under this
heading from the general fund shall be reduced as such
collections are received during fiscal year 2022 so as to
result in a final fiscal year 2022 appropriation from the
general fund estimated at zero, and fees pursuant to such
section 620 shall be modified as necessary to ensure such a
final fiscal year 2022 appropriation: Provided further, That
for the dispute resolution and installation programs, the
Secretary may assess and collect fees from any program
participant: Provided further, That such collections shall
be deposited into the Trust Fund, and the Secretary, as
provided herein, may use such collections, as well as fees
collected under section 620 of such Act, for necessary
expenses of such Act: Provided further, That,
notwithstanding the requirements of section 620 of such Act,
the Secretary may carry out responsibilities of the Secretary
under such Act through the use of approved service providers
that are paid directly by the recipients of their services.
Federal Housing Administration
mutual mortgage insurance program account
New commitments to guarantee single family loans insured
under the Mutual Mortgage Insurance Fund shall not exceed
$400,000,000,000, to remain available until September 30,
2023: Provided, That during fiscal year 2022, obligations to
make direct loans to carry out the purposes of section 204(g)
of the National Housing Act (12 U.S.C. 1710(g)), as amended,
shall not exceed $1,000,000: Provided further, That the
foregoing amount in the previous proviso shall be for loans
to nonprofit and governmental entities in connection with
sales of single family real properties owned by the Secretary
and formerly insured under the Mutual Mortgage Insurance
Fund: Provided further, That for administrative contract
expenses of the Federal Housing Administration, $150,000,000,
to remain available until September 30, 2023: Provided
further, That notwithstanding the limitation in the first
sentence of section 255(g) of the National Housing Act (12
U.S.C. 1715z-20(g)), during fiscal year 2022 the Secretary
may insure and enter into new commitments to insure mortgages
under section 255 of the National Housing Act only to the
extent that the net credit subsidy cost for such insurance
does not exceed zero.
general and special risk program account
New commitments to guarantee loans insured under the
General and Special Risk Insurance Funds, as authorized by
sections 238 and 519 of the National Housing Act (12 U.S.C.
1715z-3 and 1735c), shall not exceed $30,000,000,000 in total
loan principal, any part of which is to be guaranteed, to
remain available until September 30, 2023: Provided, That
during fiscal year 2022, gross obligations for the principal
amount of direct loans, as authorized by sections 204(g),
207(l), 238, and 519(a) of the National Housing Act, shall
not exceed $1,000,000, which shall be for loans to nonprofit
and governmental entities in connection with the sale of
single family real properties owned by the Secretary and
formerly insured under such Act.
Government National Mortgage Association
guarantees of mortgage-backed securities loan guarantee program account
New commitments to issue guarantees to carry out the
purposes of section 306 of the National Housing Act, as
amended (12 U.S.C. 1721(g)), shall not exceed
$900,000,000,000, to remain available until September 30,
2023: Provided, That $35,000,000, to remain available until
September 30, 2023, shall be for necessary salaries and
expenses of the Government National Mortgage Association:
Provided further, That to the extent that guaranteed loan
commitments exceed $155,000,000,000 on or before April 1,
2022, an additional $100 for necessary salaries and expenses
shall be available until expended for each $1,000,000 in
additional guaranteed loan commitments (including a pro rata
amount for any amount below $1,000,000), but in no case shall
funds made available by this proviso exceed $3,000,000:
Provided further, That receipts from Commitment and
Multiclass fees collected pursuant to title III of the
National Housing Act (12 U.S.C. 1716 et seq.) shall be
credited as offsetting collections to this account.
Policy Development and Research
research and technology
For contracts, grants, and necessary expenses of programs
of research and studies relating to housing and urban
problems, not otherwise provided for, as authorized by title
V of the Housing and Urban Development Act of 1970 (12 U.S.C.
1701z-1 et seq.), including carrying out the functions of the
Secretary of Housing and Urban Development under section
1(a)(1)(i) of Reorganization Plan No. 2 of 1968, and for
technical assistance, $165,000,000, to remain available until
September 30, 2023: Provided, That with respect to amounts
made available under this heading, notwithstanding section
203 of this title, the Secretary may enter into cooperative
agreements with philanthropic entities, other Federal
agencies, State or local governments and their agencies,
Indian Tribes, tribally designated housing entities, or
colleges or universities for research projects: Provided
further, That with respect to the preceding proviso, such
partners to the cooperative agreements shall contribute at
least a 50 percent match toward the cost of the project:
Provided further, That for non-competitive agreements entered
into in accordance with the preceding two provisos, the
Secretary shall comply with section 2(b) of the Federal
Funding Accountability and Transparency Act of 2006 (Public
Law 109-282, 31 U.S.C. note) in lieu of compliance with
section 102(a)(4)(C) of the Department of Housing and Urban
Development Reform Act of 1989 (42 U.S.C. 3545(a)(4)(C)) with
respect to documentation of award decisions: Provided
further, That prior to obligation of technical assistance
funding, the Secretary shall submit a plan to the House and
Senate Committees on Appropriations on how the Secretary will
allocate funding for this activity at least 30 days prior to
obligation: Provided further, That none of the funds
provided under this heading may be available for the doctoral
dissertation research grant program: Provided further, That
an additional $20,000,000, to remain available until
September 30, 2024, shall be for competitive grants to
nonprofit or governmental entities to provide legal
assistance (including assistance related to pretrial
activities, trial activities, post-trial activities and
alternative dispute resolution) at no cost to eligible low-
income tenants at risk of or subject to eviction: Provided
further, That in awarding grants under the preceding proviso,
the Secretary shall give preference to applicants that
include a marketing strategy for residents of areas with high
rates of eviction, have experience providing no-cost legal
assistance to low-income individuals, including those with
limited English proficiency or disabilities, and have
sufficient capacity to administer such assistance: Provided
further, That the Secretary shall ensure, to the extent
practicable, that the proportion of eligible tenants living
in rural areas who will receive legal assistance with grant
funds made available under this heading is not less than the
overall proportion of eligible tenants who live in rural
areas.
Fair Housing and Equal Opportunity
fair housing activities
For contracts, grants, and other assistance, not otherwise
provided for, as authorized by title VIII of the Civil Rights
Act of 1968 (42 U.S.C. 3601 et seq.), and section 561 of the
Housing and Community Development Act of 1987 (42 U.S.C.
3616a), $85,000,000, to remain available until September 30,
2023: Provided, That notwithstanding section 3302 of title
31, United States Code, the Secretary may assess and collect
fees to cover the costs of the Fair Housing Training Academy,
and may use such funds to develop on-line courses and provide
such training: Provided further, That none of the funds made
available under this heading may be used to lobby the
executive or legislative branches of the Federal Government
in connection with a specific contract, grant, or loan:
Provided further, That of the funds made available under this
heading, $1,000,000 shall be available to the Secretary for
the creation and promotion of translated materials and other
programs that support the assistance of persons with limited
English proficiency in utilizing the services provided by the
Department of Housing and Urban Development.
[[Page H4041]]
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, $460,000,000, to remain available
until September 30, 2024: Provided, That the amounts made
available under this heading are provided as follows:
(1) $310,000,000 shall be for the award of grants pursuant
to such section 1011, of which not less than $105,000,000
shall be provided to areas with the highest lead-based paint
abatement needs;
(2) $85,000,000 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: Provided, That $5,000,000 of
such amount 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;
(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; and
(5) $60,000,000 of the amounts made available under this
heading shall be for a lead-risk assessment demonstration for
public housing agencies to conduct lead hazard screenings or
lead-risk assessments during housing quality standards
inspections of units in which a family receiving assistance
under section 8(o) of the U.S. Housing Act of 1937 (42 U.S.C.
1437f(o)) resides or expects to reside, and has or expects to
have a child under age 6 residing in the unit, while
preserving rental housing availability and affordability:
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 under this
heading or under prior appropriations Acts for such purposes
under this heading, 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
(42 U.S.C. 3547): Provided further, That each applicant for a
grant or cooperative agreement under this heading shall
certify adequate capacity that is acceptable to the Secretary
to carry out the proposed use of funds pursuant to a notice
of funding opportunity: Provided further, That amounts made
available under this heading 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
(including transfer of funds)
For modifications to and infrastructure for Department-wide
and program-specific information technology systems, for the
continuing operation and maintenance of both Department-wide
and program-specific information systems, and for program-
related maintenance activities, $278,200,000 shall remain
available until September 30, 2023: Provided, That any
amounts transferred to this Fund under this Act shall remain
available until September 30, 2025.
Office of Inspector General
For necessary salaries and expenses of the Office of
Inspector General in carrying out the Inspector General Act
of 1978, as amended, $145,000,000: Provided, That the
Inspector General shall have independent authority over all
personnel and acquisition issues within this office.
General Provisions--Department of Housing and Urban Development
(including transfer of funds)
(including rescissions)
Sec. 201. Fifty percent of the amounts of budget
authority, or in lieu thereof 50 percent of the cash amounts
associated with such budget authority, that are recaptured
from projects described in section 1012(a) of the Stewart B.
McKinney Homeless Assistance Amendments Act of 1988 (42
U.S.C. 1437f note) shall be rescinded or in the case of cash,
shall be remitted to the Treasury, and such amounts of budget
authority or cash recaptured and not rescinded or remitted to
the Treasury shall be used by State housing finance agencies
or local governments or local housing agencies with projects
approved by the Secretary of Housing and Urban Development
for which settlement occurred after January 1, 1992, in
accordance with such section. Notwithstanding the previous
sentence, the Secretary may award up to 15 percent of the
budget authority or cash recaptured and not rescinded or
remitted to the Treasury to provide project owners with
incentives to refinance their project at a lower interest
rate.
Sec. 202. None of the funds made available by this Act may
be used during fiscal year 2022 to investigate or prosecute
under the Fair Housing Act any otherwise lawful activity
engaged in by one or more persons, including the filing or
maintaining of a nonfrivolous legal action, that is engaged
in solely for the purpose of achieving or preventing action
by a Government official or entity, or a court of competent
jurisdiction.
Sec. 203. Except as explicitly provided in law, any grant,
cooperative agreement or other assistance made pursuant to
title II of this Act shall be made on a competitive basis and
in accordance with section 102 of the Department of Housing
and Urban Development Reform Act of 1989 (42 U.S.C. 3545).
Sec. 204. Funds of the Department of Housing and Urban
Development subject to the Government Corporation Control Act
or section 402 of the Housing Act of 1950 shall be available,
without regard to the limitations on administrative expenses,
for legal services on a contract or fee basis, and for
utilizing and making payment for services and facilities of
the Federal National Mortgage Association, Government
National Mortgage Association, Federal Home Loan Mortgage
Corporation, Federal Financing Bank, Federal Reserve banks or
any member thereof, Federal Home Loan banks, and any insured
bank within the meaning of the Federal Deposit Insurance
Corporation Act, as amended (12 U.S.C. 1811-1).
Sec. 205. Unless otherwise provided for in this Act or
through a reprogramming of funds, no part of any
appropriation for the Department of Housing and Urban
Development shall be available for any program, project, or
activity in excess of amounts set forth in the budget
estimates submitted to Congress.
Sec. 206. Corporations and agencies of the Department of
Housing and Urban Development which are subject to the
Government Corporation Control Act are hereby authorized to
make such expenditures, within the limits of funds and
borrowing authority available to each such corporation or
agency and in accordance with law, and to make such contracts
and commitments without regard to fiscal year limitations as
provided by section 104 of such Act as may be necessary in
carrying out the programs set forth in the budget for 2022
for such corporation or agency except as hereinafter
provided: Provided, That collections of these corporations
and agencies may be used for new loan or mortgage purchase
commitments only to the extent expressly provided for in this
Act (unless such loans are in support of other forms of
assistance provided for in this or prior appropriations
Acts), except that this proviso shall not apply to the
mortgage insurance or guaranty operations of these
corporations, or where loans or mortgage purchases are
necessary to protect the financial interest of the United
States Government.
Sec. 207. The Secretary shall provide quarterly reports to
the House and Senate Committees on Appropriations regarding
all uncommitted, unobligated, recaptured, and excess funds in
each program and activity within the jurisdiction of the
Department and shall submit additional, updated budget
information to these Committees upon request.
Sec. 208. None of the funds made available by this title
may be used for an audit of the Government National Mortgage
Association that makes applicable requirements under the
Federal Credit Reform Act of 1990 (2 U.S.C. 661 et seq.).
Sec. 209. (a) Notwithstanding any other provision of law,
subject to the conditions listed under this section, for
fiscal years 2022 and 2023, the Secretary of Housing and
Urban Development may authorize the transfer of some or all
project-based assistance, debt held or insured by the
Secretary and statutorily required low-income and very low-
income use restrictions if any, associated with one or more
multifamily housing project or projects to another
multifamily housing project or projects.
(b) Phased Transfers.--Transfers of project-based
assistance under this section may be done in phases to
accommodate the financing and other requirements related to
rehabilitating or constructing the project or projects to
which the assistance is transferred, to ensure that such
project or projects meet the standards under subsection (c).
(c) The transfer authorized in subsection (a) is subject to
the following conditions:
(1) Number and bedroom size of units.--
(A) For occupied units in the transferring project: The
number of low-income and very low-income units and the
configuration (i.e., bedroom size) provided by the
transferring project shall be no less than when transferred
to the receiving project or projects and the net dollar
amount of Federal assistance provided to the transferring
project shall remain the same in the receiving project or
projects.
(B) For unoccupied units in the transferring project: The
Secretary may authorize a reduction in the number of dwelling
units in the receiving project or projects to allow for a
reconfiguration of bedroom sizes to meet current market
demands, as determined by the Secretary and provided there is
no increase in the project-based assistance budget authority.
(2) The transferring project shall, as determined by the
Secretary, be either physically obsolete or economically
nonviable, or be reasonably expected to become economically
nonviable when complying with state or Federal requirements
for community integration and reduced concentration of
individuals with disabilities.
(3) The receiving project or projects shall meet or exceed
applicable physical standards established by the Secretary.
(4) The owner or mortgagor of the transferring project
shall notify and consult with the tenants residing in the
transferring project and provide
[[Page H4042]]
a certification of approval by all appropriate local
governmental officials.
(5) The tenants of the transferring project who remain
eligible for assistance to be provided by the receiving
project or projects shall not be required to vacate their
units in the transferring project or projects until new units
in the receiving project are available for occupancy.
(6) The Secretary determines that this transfer is in the
best interest of the tenants.
(7) If either the transferring project or the receiving
project or projects meets the condition specified in
subsection (d)(2)(A), any lien on the receiving project
resulting from additional financing obtained by the owner
shall be subordinate to any FHA-insured mortgage lien
transferred to, or placed on, such project by the Secretary,
except that the Secretary may waive this requirement upon
determination that such a waiver is necessary to facilitate
the financing of acquisition, construction, and/or
rehabilitation of the receiving project or projects.
(8) If the transferring project meets the requirements of
subsection (d)(2), the owner or mortgagor of the receiving
project or projects shall execute and record either a
continuation of the existing use agreement or a new use
agreement for the project where, in either case, any use
restrictions in such agreement are of no lesser duration than
the existing use restrictions.
(9) The transfer does not increase the cost (as defined in
section 502 of the Congressional Budget Act of 1974(2 U.S.C.
661a)) of any FHA-insured mortgage, except to the extent that
appropriations are provided in advance for the amount of any
such increased cost.
(d) For purposes of this section--
(1) the terms ``low-income'' and ``very low-income'' shall
have the meanings provided by the statute and/or regulations
governing the program under which the project is insured or
assisted;
(2) the term ``multifamily housing project'' means housing
that meets one of the following conditions--
(A) housing that is subject to a mortgage insured under the
National Housing Act;
(B) housing that has project-based assistance attached to
the structure including projects undergoing mark to market
debt restructuring under the Multifamily Assisted Housing
Reform and Affordability Housing Act;
(C) housing that is assisted under section 202 of the
Housing Act of 1959 (12 U.S.C. 1701q);
(D) housing that is assisted under section 202 of the
Housing Act of 1959 (12 U.S.C. 1701q), as such section
existed before the enactment of the Cranston-Gonzales
National Affordable Housing Act;
(E) housing that is assisted under section 811 of the
Cranston-Gonzales National Affordable Housing Act (42 U.S.C.
8013); or
(F) housing or vacant land that is subject to a use
agreement;
(3) the term ``project-based assistance'' means--
(A) assistance provided under section 8(b) of the United
States Housing Act of 1937 (42 U.S.C. 1437f(b));
(B) assistance for housing constructed or substantially
rehabilitated pursuant to assistance provided under section
8(b)(2) of such Act (as such section existed immediately
before October 1, 1983);
(C) rent supplement payments under section 101 of the
Housing and Urban Development Act of 1965 (12 U.S.C. 1701s);
(D) interest reduction payments under section 236 and/or
additional assistance payments under section 236(f)(2) of the
National Housing Act (12 U.S.C. 1715z-1);
(E) assistance payments made under section 202(c)(2) of the
Housing Act of 1959 (12 U.S.C. 1701q(c)(2)); and
(F) assistance payments made under section 811(d)(2) of the
Cranston-Gonzalez National Affordable Housing Act (42 U.S.C.
8013(d)(2));
(4) the term ``receiving project or projects'' means the
multifamily housing project or projects to which some or all
of the project-based assistance, debt, and statutorily
required low-income and very low-income use restrictions are
to be transferred;
(5) the term ``transferring project'' means the multifamily
housing project which is transferring some or all of the
project-based assistance, debt, and the statutorily required
low-income and very low-income use restrictions to the
receiving project or projects; and
(6) the term ``Secretary'' means the Secretary of Housing
and Urban Development.
(e) Research Report.--The Secretary shall conduct an
evaluation of the transfer authority under this section,
including the effect of such transfers on the operational
efficiency, contract rents, physical and financial
conditions, and long-term preservation of the affected
properties.
Sec. 210. (a) No assistance shall be provided under section
8 of the United States Housing Act of 1937 (42 U.S.C. 1437f)
to any individual who--
(1) is enrolled as a student at an institution of higher
education (as defined under section 102 of the Higher
Education Act of 1965 (20 U.S.C. 1002));
(2) is under 24 years of age;
(3) is not a veteran;
(4) is unmarried;
(5) does not have a dependent child;
(6) is not a person with disabilities, as such term is
defined in section 3(b)(3)(E) of the United States Housing
Act of 1937 (42 U.S.C. 1437a(b)(3)(E)) and was not receiving
assistance under such section 8 as of November 30, 2005;
(7) is not a youth who left foster care at age 14 or older
and is at risk of becoming homeless; and
(8) is not otherwise individually eligible, or has parents
who, individually or jointly, are not eligible, to receive
assistance under section 8 of the United States Housing Act
of 1937 (42 U.S.C. 1437f).
(b) For purposes of determining the eligibility of a person
to receive assistance under section 8 of the United States
Housing Act of 1937 (42 U.S.C. 1437f), any financial
assistance (in excess of amounts received for tuition and any
other required fees and charges) that an individual receives
under the Higher Education Act of 1965 (20 U.S.C. 1001 et
seq.), from private sources, or from an institution of higher
education (as defined under section 102 of the Higher
Education Act of 1965 (20 U.S.C. 1002)), shall be considered
income to that individual, except for a person over the age
of 23 with dependent children.
Sec. 211. The funds made available for Native Alaskans
under paragraph (1) under the heading ``Native American
Programs'' in title II of this Act shall be allocated to the
same Native Alaskan housing block grant recipients that
received funds in fiscal year 2005, and only such recipients
shall be eligible to apply for funds made available under
paragraph (2) of such heading.
Sec. 212. Notwithstanding any other provision of law, in
fiscal year 2022, in managing and disposing of any
multifamily property that is owned or has a mortgage held by
the Secretary of Housing and Urban Development, and during
the process of foreclosure on any property with a contract
for rental assistance payments under section 8 of the United
States Housing Act of 1937 (42 U.S.C. 1437f) or any other
Federal programs, the Secretary shall maintain any rental
assistance payments under section 8 of the United States
Housing Act of 1937 and other programs that are attached to
any dwelling units in the property. To the extent the
Secretary determines, in consultation with the tenants and
the local government that such a multifamily property owned
or having a mortgage held by the Secretary is not feasible
for continued rental assistance payments under such section 8
or other programs, based on consideration of (1) the costs of
rehabilitating and operating the property and all available
Federal, State, and local resources, including rent
adjustments under section 524 of the Multifamily Assisted
Housing Reform and Affordability Act of 1997 (in this section
``MAHRAA'') (42 U.S.C. 1437f note), and (2) environmental
conditions that cannot be remedied in a cost-effective
fashion, the Secretary may, in consultation with the tenants
of that property, contract for project-based rental
assistance payments with an owner or owners of other existing
housing properties, or provide other rental assistance. The
Secretary shall also take appropriate steps to ensure that
project-based contracts remain in effect prior to
foreclosure, subject to the exercise of contractual abatement
remedies to assist relocation of tenants for imminent major
threats to health and safety after written notice to and
informed consent of the affected tenants and use of other
available remedies, such as partial abatements or
receivership. After disposition of any multifamily property
described in this section, the contract and allowable rent
levels on such properties shall be subject to the
requirements under section 524 of MAHRAA.
Sec. 213. Public housing agencies that own and operate 400
or fewer public housing units may elect to be exempt from any
asset management requirement imposed by the Secretary in
connection with the operating fund rule: Provided, That an
agency seeking a discontinuance of a reduction of subsidy
under the operating fund formula shall not be exempt from
asset management requirements.
Sec. 214. With respect to the use of amounts provided in
this Act and in future Acts for the operation, capital
improvement, and management of public housing as authorized
by sections 9(d) and 9(e) of the United States Housing Act of
1937 (42 U.S.C. 1437g(d),(e)), the Secretary shall not impose
any requirement or guideline relating to asset management
that restricts or limits in any way the use of capital funds
for central office costs pursuant to paragraph (1) or (2) of
section 9(g) of the United States Housing Act of 1937 (42
U.S.C. 1437g(g)(1), (2)): Provided, That a public housing
agency may not use capital funds authorized under section
9(d) for activities that are eligible under section 9(e) for
assistance with amounts from the operating fund in excess of
the amounts permitted under paragraph (1) or (2) of section
9(g).
Sec. 215. No official or employee of the Department of
Housing and Urban Development shall be designated as an
allotment holder unless the Office of the Chief Financial
Officer has determined that such allotment holder has
implemented an adequate system of funds control and has
received training in funds control procedures and directives.
The Chief Financial Officer shall ensure that there is a
trained allotment holder for each HUD appropriation under the
accounts ``Executive Offices'', ``Administrative Support
Offices'', ``Program Offices'', ``Government National
Mortgage Association--Guarantees of Mortgage-Backed
Securities Loan Guarantee Program Account'', and ``Office of
Inspector General'' within the Department of Housing and
Urban Development.
Sec. 216. The Secretary shall, for fiscal year 2022,
notify the public through the Federal Register and other
means, as determined appropriate, of the issuance of a notice
of the availability of assistance or notice of funding
opportunity (NOFO) for any program or discretionary fund
administered by the Secretary that is to be competitively
awarded. Notwithstanding any other provision of law, for
fiscal year 2022, the Secretary may make the NOFO available
only on the Internet at the appropriate Government website or
through other electronic media, as determined by the
Secretary.
Sec. 217. Payment of attorney fees in program-related
litigation shall be paid from the individual program office
and Office of General Counsel salaries and expenses
appropriations. The annual budget submission for the program
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offices and the Office of General Counsel shall include any
such projected litigation costs for attorney fees as a
separate line item request.
Sec. 218. (a)(1) Except as provided in paragraph (2), the
Secretary may transfer up to 10 percent or $5,000,000,
whichever is less, of funds appropriated for any office under
the headings ``Administrative Support Offices'' or ``Program
Offices'' to any other such office under such heading:
Provided, That no appropriation for any such office or
account shall be increased or decreased by more than 10
percent or $5,000,000, whichever is less, without prior
written approval of the House and Senate Committees on
Appropriations: Provided further, That the Secretary shall
provide notification to such Committees not less than 3
business days in advance of any such transfers under this
section up to 10 percent or $5,000,000, whichever is less.
(2) The authority under paragraph (1) to transfer funds
shall not apply to the Office of Fair Housing and Equal
Opportunity, the Office of Lead Hazard Control and Healthy
Homes, or the Office of Departmental Equal Employment
Opportunity.
(b) The Secretary is authorized to transfer up to 10
percent of funds appropriated for any office under the
headings ``Administrative Support Offices'' or ``Program
Offices'' to the Office of Fair Housing and Equal
Opportunity, the Office of Lead Hazard Control and Healthy
Homes, or the Office of Departmental Equal Employment
Opportunity: Provided, That no amounts may be transferred
pursuant to this subparagraph unless the Secretary provides
notification to such Committees not less than 3 business days
in advance of any such transfers under this subsection.
Sec. 219. (a) Any entity receiving housing assistance
payments shall maintain decent, safe, and sanitary
conditions, as determined by the Secretary, and comply with
any standards under applicable State or local laws, rules,
ordinances, or regulations relating to the physical condition
of any property covered under a housing assistance payment
contract.
(b) The Secretary shall take action under subsection (c)
when a multifamily housing project with a contract under
section 8 of the United States Housing Act of 1937 (42 U.S.C.
1437f) or a contract for similar project-based assistance--
(1) receives a Uniform Physical Condition Standards (UPCS)
score of 60 or less; or
(2) fails to certify in writing to the Secretary within 3
days that all Exigent Health and Safety deficiencies
identified by the inspector at the project have been
corrected.
Such requirements shall apply to insured and noninsured
projects with assistance attached to the units under section
8 of the United States Housing Act of 1937 (42 U.S.C. 1437f),
but shall not apply to such units assisted under section
8(o)(13) of such Act (42 U.S.C. 1437f(o)(13)) or to public
housing units assisted with capital or operating funds under
section 9 of the United States Housing Act of 1937 (42 U.S.C.
1437g).
(c)(1) Within 15 days of the issuance of the Real Estate
Assessment Center (``REAC'') inspection, the Secretary shall
provide the owner with a Notice of Default with a specified
timetable, determined by the Secretary, for correcting all
deficiencies. The Secretary shall provide a copy of the
Notice of Default to the tenants, the local government, any
mortgagees, and any contract administrator. If the owner's
appeal results in a UPCS score of 60 or above, the Secretary
may withdraw the Notice of Default.
(2) At the end of the time period for correcting all
deficiencies specified in the Notice of Default, if the owner
fails to fully correct such deficiencies, the Secretary may--
(A) require immediate replacement of project management
with a management agent approved by the Secretary;
(B) impose civil money penalties, which shall be used
solely for the purpose of supporting safe and sanitary
conditions at applicable properties, as designated by the
Secretary, with priority given to the tenants of the property
affected by the penalty;
(C) abate the section 8 contract, including partial
abatement, as determined by the Secretary, until all
deficiencies have been corrected;
(D) pursue transfer of the project to an owner, approved by
the Secretary under established procedures, who will be
obligated to promptly make all required repairs and to accept
renewal of the assistance contract if such renewal is
offered;
(E) transfer the existing section 8 contract to another
project or projects and owner or owners;
(F) pursue exclusionary sanctions, including suspensions or
debarments from Federal programs;
(G) seek judicial appointment of a receiver to manage the
property and cure all project deficiencies or seek a judicial
order of specific performance requiring the owner to cure all
project deficiencies;
(H) work with the owner, lender, or other related party to
stabilize the property in an attempt to preserve the property
through compliance, transfer of ownership, or an infusion of
capital provided by a third-party that requires time to
effectuate; or
(I) take any other regulatory or contractual remedies
available as deemed necessary and appropriate by the
Secretary.
(d) The Secretary shall take appropriate steps to ensure
that project-based contracts remain in effect, subject to the
exercise of contractual abatement remedies to assist
relocation of tenants for major threats to health and safety
after written notice to the affected tenants. To the extent
the Secretary determines, in consultation with the tenants
and the local government, that the property is not feasible
for continued rental assistance payments under such section 8
or other programs, based on consideration of--
(1) the costs of rehabilitating and operating the property
and all available Federal, State, and local resources,
including rent adjustments under section 524 of the
Multifamily Assisted Housing Reform and Affordability Act of
1997 (``MAHRAA''); and
(2) environmental conditions that cannot be remedied in a
cost-effective fashion, the Secretary may contract for
project-based rental assistance payments with an owner or
owners of other existing housing properties, or provide other
rental assistance.
(e) The Secretary shall report quarterly on all properties
covered by this section that are assessed through the Real
Estate Assessment Center and have UPCS physical inspection
scores of less than 60 or have received an unsatisfactory
management and occupancy review within the past 36 months.
The report shall include--
(1) identification of the enforcement actions being taken
to address such conditions, including imposition of civil
money penalties and termination of subsidies, and
identification of properties that have such conditions
multiple times;
(2) identification of actions that the Department of
Housing and Urban Development is taking to protect tenants of
such identified properties; and
(3) any administrative or legislative recommendations to
further improve the living conditions at properties covered
under a housing assistance payment contract.
This report shall be submitted to the Senate and House
Committees on Appropriations not later than 30 days after the
enactment of this Act, and on the first business day of each
Federal fiscal year quarter thereafter while this section
remains in effect.
Sec. 220. None of the funds made available by this Act, or
any other Act, for purposes authorized under section 8 (only
with respect to the tenant-based rental assistance program)
and section 9 of the United States Housing Act of 1937 (42
U.S.C. 1437 et seq.), may be used by any public housing
agency for any amount of salary, including bonuses, for the
chief executive officer of which, or any other official or
employee of which, that exceeds the annual rate of basic pay
payable for a position at level IV of the Executive Schedule
at any time during any public housing agency fiscal year
2022.
Sec. 221. None of the funds made available by this Act and
provided to the Department of Housing and Urban Development
may be used to make a grant award unless the Secretary
notifies the House and Senate Committees on Appropriations
not less than 3 full business days before any project, State,
locality, housing authority, Tribe, nonprofit organization,
or other entity selected to receive a grant award is
announced by the Department or its offices.
Sec. 222. None of the funds made available in this Act
shall be used by the Federal Housing Administration, the
Government National Mortgage Association, or the Department
of Housing and Urban Development to insure, securitize, or
establish a Federal guarantee of any mortgage or mortgage
backed security that refinances or otherwise replaces a
mortgage that has been subject to eminent domain condemnation
or seizure, by a State, municipality, or any other political
subdivision of a State.
Sec. 223. None of the funds made available by this Act may
be used to terminate the status of a unit of general local
government as a metropolitan city (as defined in section 102
of the Housing and Community Development Act of 1974 (42
U.S.C. 5302)) with respect to grants under section 106 of
such Act (42 U.S.C. 5306).
Sec. 224. Amounts made available by this Act that are
appropriated, allocated, advanced on a reimbursable basis, or
transferred to the Office of Policy Development and Research
of the Department of Housing and Urban Development and
functions thereof, for research, evaluation, or statistical
purposes, and that are unexpended at the time of completion
of a contract, grant, or cooperative agreement, may be
deobligated and shall immediately become available and may be
reobligated in that fiscal year or the subsequent fiscal year
for the research, evaluation, or statistical purposes for
which the amounts are made available to that Office subject
to reprogramming requirements in section 405 of this Act.
Sec. 225. None of the funds provided in this Act or any
other Act may be used for awards, including performance,
special act, or spot, for any employee of the Department of
Housing and Urban Development subject to administrative
discipline (including suspension from work), in this fiscal
year, but this prohibition shall not be effective prior to
the effective date of any such administrative discipline or
after any final decision over-turning such discipline.
Sec. 226. With respect to grant amounts awarded under the
heading ``Homeless Assistance Grants'' for fiscal years 2015
through 2022 for the Continuum of Care (CoC) program as
authorized under subtitle C of title IV of the McKinney-Vento
Homeless Assistance Act, costs paid by program income of
grant recipients may count toward meeting the recipient's
matching requirements, provided the costs are eligible CoC
costs that supplement the recipient's CoC program.
Sec. 227. (a) From amounts made available under this title
under the heading ``Homeless Assistance Grants'', the
Secretary may award 1-year transition grants to recipients of
funds for activities under subtitle C of the McKinney-Vento
Homeless Assistance Act (42 U.S.C. 11381 et seq.) to
transition from one Continuum of Care program component to
another.
(b) In order to be eligible to receive a transition grant,
the funding recipient shall have the consent of the continuum
of care and meet standards determined by the Secretary.
Sec. 228. The Promise Zone designations and Promise Zone
Designation Agreements entered into pursuant to such
designations, made by the Secretary in prior fiscal years,
shall remain in effect in accordance with the terms and
conditions of such agreements.
[[Page H4044]]
Sec. 229. None of the funds made available by this Act may
be used to establish and apply review criteria, including
rating factors or preference points, for participation in or
coordination with EnVision Centers, in the evaluation,
selection, and award of any funds made available and
requiring competitive selection under this Act, except with
respect to any such funds otherwise authorized for EnVision
Center purposes under this Act.
Sec. 230. None of the funds made available by this or any
prior Act may be used to require or enforce any changes to
the terms and conditions of the public housing annual
contributions contract between the Secretary and any public
housing agency, as such contract was in effect as of December
31, 2017, unless such changes are mutually agreed upon by the
Secretary and such agency: Provided, That such agreement by
an agency may be indicated only by a written amendment to the
terms and conditions containing the duly authorized signature
of its chief executive: Provided further, That the Secretary
may not withhold funds to compel such agreement by an agency
which certifies to its compliance with its contract.
Sec. 231. (a) None of the amounts made available in this
Act may be used to consider Family Self-Sufficiency
performance measures or performance scores in determining
funding awards for programs receiving Family Self-Sufficiency
program coordinator funding provided in this Act.
(b) Subsection (a) shall have no effect after the
applicability date established by the Secretary in a notice
updating the ``Family Self-Sufficiency Performance
Measurement System (`Composite Score')'' published in the
Federal Register on November 15, 2018 (83 Fed. Reg. 57493).
Sec. 232. Any public housing agency designated as a Moving
to Work agency pursuant to section 239 of division L of
Public Law 114-113 (42 U.S.C. 1437f note; 129 Stat. 2897)
may, upon such designation, use funds (except for special
purpose funding, including special purpose vouchers)
previously allocated to any such public housing agency under
section 8 or 9 of the United States Housing Act of 1937,
including any reserve funds held by the public housing agency
or funds held by the Department of Housing and Urban
Development, pursuant to the authority for use of section 8
or 9 funding provided under such section and section 204 of
title II of the Departments of Veterans Affairs and Housing
and Urban Development and Independent Agencies Appropriations
Act, 1996 (Public Law 104-134; 110 Stat. 1321-28),
notwithstanding the purposes for which such funds were
appropriated.
Sec. 233. None of the amounts made available by this Act
may be used to prohibit any public housing agency under
receivership or the direction of a Federal monitor from
applying for, receiving, or using funds made available under
the heading ``Public Housing Fund'' for competitive grants to
evaluate and reduce lead-based paint hazards in this Act or
that remain available and not awarded from prior Acts, or be
used to prohibit a public housing agency from using such
funds to carry out any required work pursuant to a settlement
agreement, consent decree, voluntary agreement, or similar
document for a violation of the Lead Safe Housing or Lead
Disclosure Rules.
Sec. 234. None of the funds made available by this title
may be used to issue rules or guidance in contravention of
section 1210 of Public Law 115-254 (132 Stat. 3442) or
section 312 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5155).
Sec. 235. (a) Funds previously made available in the
Consolidated Appropriations Act, 2014 (Public Law 113-76) for
the ``Choice Neighborhoods Initiative'' that were available
for obligation through fiscal year 2016 are to remain
available through fiscal year 2022 for the liquidation of
valid obligations incurred in fiscal years 2014 through 2016.
(b) Funds previously made available in the Consolidated and
Further Continuing Appropriations Act, 2015 (Public Law 113-
235) for the ``Choice Neighborhoods Initiative'' that were
available for obligation through fiscal year 2017 are to
remain available through fiscal year 2023 for the liquidation
of valid obligations incurred in fiscal years 2015 through
2017.
(c) Funds previously made available in the Consolidated
Appropriations Act, 2016 (Public Law 114-113) for the
``Choice Neighborhoods Initiative'' that were available for
obligation through fiscal year 2018 are to remain available
through fiscal year 2024 for the liquidation of valid
obligations incurred in fiscal years 2016 through 2018.
(d) Funds previously made available in the Consolidated
Appropriations Act, 2017 (Public Law 115-31) for the ``Choice
Neighborhoods Initiative'' that were available for obligation
through fiscal year 2019 are to remain available through
fiscal year 2025 for the liquidation of valid obligations
incurred in fiscal years 2017 through 2019.
(e) Funds previously made available in the Consolidated
Appropriations Act, 2018 (Public Law 115-141) for the
``Choice Neighborhoods Initiative'' that were available for
obligation through fiscal year 2020 are to remain available
through fiscal year 2026 for the liquidation of valid
obligations incurred in fiscal years 2018 through 2020.
(f) Funds previously made available in the Consolidated
Appropriations Act, 2019 (Public Law 116-6) for the ``Choice
Neighborhoods Initiative'' that were available for obligation
through fiscal year 2021 are to remain available through
fiscal year 2027 for the liquidation of valid obligations
incurred in fiscal years 2019 through 2021.
(g) Funds previously made available in the Further
Consolidated Appropriations Act, 2020 (Public Law 116-94) for
the ``Choice Neighborhoods Initiative'' that were available
for obligation through fiscal year 2022 are to remain
available through fiscal year 2028 for the liquidation of
valid obligations incurred in fiscal years 2020 through 2022.
(h)(1) Subject to paragraph (2), this section shall become
effective immediately upon enactment of this Act.
(2) If this Act is enacted after September 30, 2021,
subsection (a) shall be applied as if it were in effect on
September 30, 2021.
Sec. 236. (a) Amounts made available in paragraph (1) under
the heading ``Native American Programs'' in title XII of
division B of the Coronavirus Aid, Relief, and Economic
Security Act (Public Law 116-136) which were allocated to
Indian tribes or tribally designated housing entities, and
which are not accepted as of the date of enactment of this
Act, are voluntarily returned, or otherwise recaptured for
any reason, may be used by the Secretary to make additional
grants for the same purpose and under the same terms and
conditions as amounts appropriated by section 11003(a)(2) of
the American Rescue Plan Act of 2021 (Public Law 117-2).
(b) Amounts repurposed by this section that were previously
designated by the Congress as an emergency requirement
pursuant to the Balanced Budget and Emergency Deficit Control
Act of 1985 or a concurrent resolution on the budget are
designated by the Congress as an emergency requirement
pursuant to section 1(f) of H. Res. 467 of the 117th Congress
as engrossed in the House of Representatives on June 14,
2021.
Sec. 237. (a) Funds previously made available in chapter 9
of title X of the Disaster Relief Appropriations Act, 2013
(Public Law 113-2, division A; 127 Stat. 36) under the
heading ``Department of Housing and Urban Development--
Community Planning and Development--Community Development
Fund'' that were available for obligation through fiscal year
2017 are to remain available until expended for the
liquidation of valid obligations incurred in fiscal years
2013 through 2017.
(b) Notwithstanding any other provision of law, in the case
of any grantee of funds referred to in subsection (a) of this
section that provides assistance that duplicates benefits
available to a person for the same purpose from another
source, the grantee itself shall--
(1) be subject to remedies for noncompliance; or
(2) bear responsibility for absorbing such cost of
duplicative benefits and returning an amount equal to any
duplicative benefits paid to the grantee's funds available
for use under such heading, unless the Secretary, upon the
request of a grantee issues a public determination by
publication in the Federal Register that it is not in the
best interest of the Federal Government to pursue such
remedies.
(c) Notwithstanding any other provision of law, any grantee
of funds referred to in subsection (a) of this section may
request a waiver from the Secretary of Housing and Urban
Development of any recoupment by the Secretary of such funds
for amounts owed by persons who have received such assistance
from such funds and who have been defrauded, or after
receiving assistance, have filed for bankruptcy, gone through
a foreclosure procedure on property that received such
assistance, or are deceased. If the grantee self-certifies to
the Secretary in such request that it has verified that the
individual conditions of each person it is requesting a
waiver for meets one of the conditions specified in the
preceding sentence, the Secretary may grant such waivers on
the basis of grantee self-certification, issue a public
determination by publication in the Federal Register that it
is not in the best interest of the Federal Government to
pursue such recoupment, and may conduct oversight to verify
grantee self-certification and subject the grantee to
remedies for noncompliance for any amounts that have not met
such requirements.
(d) Amounts repurposed pursuant to this section that were
previously designated by the Congress as an emergency
requirement pursuant to the Balanced Budget and Emergency
Deficit Control Act of 1985 or a concurrent resolution on the
budget are designated by the Congress as an emergency
requirement pursuant to section 1(f) of H. Res. 467 of the
117th Congress as engrossed in the House of Representatives
on June 14, 2021.
Sec. 238. None of the funds made available to the
Department of Housing and Urban Development by this or any
other Act may be used to implement, administer, enforce, or
in any way make effective the proposed rule entitled
``Housing and Community Development Act of 1980: Verification
of Eligible Status'', issued by the Department of Housing and
Urban Development on May 10, 2019 (Docket No. FR-6124-P-01),
or any final rule based substantially on such proposed rule.
This title may be cited as the ``Department of Housing and
Urban Development Appropriations Act, 2022''.
TITLE III
RELATED AGENCIES
Access Board
salaries and expenses
For expenses necessary for the Access Board, as authorized
by section 502 of the Rehabilitation Act of 1973 (29 U.S.C.
792), $9,750,000: Provided, That, notwithstanding any other
provision of law, there may be credited to this appropriation
funds received for publications and training expenses.
Federal Maritime Commission
salaries and expenses
For necessary expenses of the Federal Maritime Commission
as authorized by section 201(d) of the Merchant Marine Act,
1936 (46 U.S.C.
[[Page H4045]]
46107), including services as authorized by section 3109 of
title 5, United States Code; hire of passenger motor vehicles
as authorized by section 1343(b) of title 31, United States
Code; and uniforms or allowances therefore, as authorized by
sections 5901 and 5902 of title 5, United States Code,
$31,398,000: Provided, That not to exceed $3,500 shall be
for official reception and representation expenses.
National Railroad Passenger Corporation
Office of Inspector General
salaries and expenses
For necessary expenses of the Office of Inspector General
for the National Railroad Passenger Corporation to carry out
the provisions of the Inspector General Act of 1978 (5 U.S.C.
App. 3), $26,762,000: Provided, That the Inspector General
shall have all necessary authority, in carrying out the
duties specified in such Act, to investigate allegations of
fraud, including false statements to the Government under
section 1001 of title 18, United States Code, by any person
or entity that is subject to regulation by the National
Railroad Passenger Corporation: Provided further, That the
Inspector General may enter into contracts and other
arrangements for audits, studies, analyses, and other
services with public agencies and with private persons,
subject to the applicable laws and regulations that govern
the obtaining of such services within the National Railroad
Passenger Corporation: Provided further, That the Inspector
General may select, appoint, and employ such officers and
employees as may be necessary for carrying out the functions,
powers, and duties of the Office of Inspector General,
subject to the applicable laws and regulations that govern
such selections, appointments, and employment within the
National Railroad Passenger Corporation: Provided further,
That concurrent with the President's budget request for
fiscal year 2023, the Inspector General shall submit to the
House and Senate Committees on Appropriations a budget
request for fiscal year 2023 in similar format and substance
to budget requests submitted by executive agencies of the
Federal Government.
National Transportation Safety Board
salaries and expenses
For necessary expenses of the National Transportation
Safety Board, including hire of passenger motor vehicles and
aircraft; services as authorized by section 3109 of title 5,
United States Code, but at rates for individuals not to
exceed the per diem rate equivalent to the rate for a GS-15;
uniforms, or allowances therefor, as authorized by sections
5901 and 5902 of title 5, United States Code, $121,400,000,
of which not to exceed $2,000 may be used for official
reception and representation expenses: Provided, That the
amounts made available to the National Transportation Safety
Board in this Act include amounts necessary to make lease
payments on an obligation incurred in fiscal year 2001 for a
capital lease.
Neighborhood Reinvestment Corporation
payment to the neighborhood reinvestment corporation
For payment to the Neighborhood Reinvestment Corporation
for use in neighborhood reinvestment activities, as
authorized by the Neighborhood Reinvestment Corporation Act
(42 U.S.C. 8101 et seq.), $185,000,000, of which $5,000,000
shall be for a multi-family rental housing program.
Surface Transportation Board
salaries and expenses
For necessary expenses of the Surface Transportation Board,
including services authorized by section 3109 of title 5,
United States Code, $39,152,000: Provided, That,
notwithstanding any other provision of law, not to exceed
$1,250,000 from fees established by the Surface
Transportation Board shall be credited to this appropriation
as offsetting collections and used for necessary and
authorized expenses under this heading: Provided further,
That the amounts made available under this heading from the
general fund shall be reduced on a dollar-for-dollar basis as
such offsetting collections are received during fiscal year
2022, to result in a final appropriation from the general
fund estimated at not more than $37,902,000.
United States Interagency Council on Homelessness
operating expenses
For necessary expenses, including payment of salaries,
authorized travel, hire of passenger motor vehicles, the
rental of conference rooms, and the employment of experts and
consultants under section 3109 of title 5, United States
Code, of the United States Interagency Council on
Homelessness in carrying out the functions pursuant to title
II of the McKinney-Vento Homeless Assistance Act, as amended,
$4,000,000.
TITLE IV
GENERAL PROVISIONS--THIS ACT
Sec. 401. None of the funds in this Act shall be used for
the planning or execution of any program to pay the expenses
of, or otherwise compensate, non-Federal parties intervening
in regulatory or adjudicatory proceedings funded in this Act.
Sec. 402. None of the funds appropriated in this Act shall
remain available for obligation beyond the current fiscal
year, nor may any be transferred to other appropriations,
unless expressly so provided herein.
Sec. 403. The expenditure of any appropriation under this
Act for any consulting service through a procurement contract
pursuant to section 3109 of title 5, United States Code,
shall be limited to those contracts where such expenditures
are a matter of public record and available for public
inspection, except where otherwise provided under existing
law, or under existing Executive order issued pursuant to
existing law.
Sec. 404. (a) None of the funds made available in this Act
may be obligated or expended for any employee training that--
(1) does not meet identified needs for knowledge, skills,
and abilities bearing directly upon the performance of
official duties;
(2) contains elements likely to induce high levels of
emotional response or psychological stress in some
participants;
(3) does not require prior employee notification of the
content and methods to be used in the training and written
end of course evaluation;
(4) contains any methods or content associated with
religious or quasi-religious belief systems or ``new age''
belief systems as defined in Equal Employment Opportunity
Commission Notice N-915.022, dated September 2, 1988; or
(5) is offensive to, or designed to change, participants'
personal values or lifestyle outside the workplace.
(b) Nothing in this section shall prohibit, restrict, or
otherwise preclude an agency from conducting training bearing
directly upon the performance of official duties.
Sec. 405. Except as otherwise provided in this Act, none
of the funds provided in this Act, provided by previous
appropriations Acts to the agencies or entities funded in
this Act that remain available for obligation or expenditure
in fiscal year 2022, or provided from any accounts in the
Treasury derived by the collection of fees and available to
the agencies funded by this Act, shall be available for
obligation or expenditure through a reprogramming of funds
that--
(1) creates a new program;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel for any program, project,
or activity for which funds have been denied or restricted by
the Congress;
(4) proposes to use funds directed for a specific activity
by either the House or Senate Committees on Appropriations
for a different purpose;
(5) augments existing programs, projects, or activities in
excess of $5,000,000 or 10 percent, whichever is less;
(6) reduces existing programs, projects, or activities by
$5,000,000 or 10 percent, whichever is less; or
(7) creates, reorganizes, or restructures a branch,
division, office, bureau, board, commission, agency,
administration, or department different from the budget
justifications submitted to the Committees on Appropriations
or the table accompanying the report accompanying this Act,
whichever is more detailed, unless prior approval is received
from the House and Senate Committees on Appropriations:
Provided, That not later than 60 days after the date of
enactment of this Act, each agency funded by this Act shall
submit a report to the Committees on Appropriations of the
Senate and of the House of Representatives to establish the
baseline for application of reprogramming and transfer
authorities for the current fiscal year: Provided further,
That the report shall include--
(A) a table for each appropriation with a separate column
to display the prior year enacted level, the President's
budget request, adjustments made by Congress, adjustments due
to enacted rescissions, if appropriate, and the fiscal year
enacted level;
(B) a delineation in the table for each appropriation and
its respective prior year enacted level by object class and
program, project, and activity as detailed in this Act, the
table accompanying the report accompanying this Act,
accompanying reports of the House and Senate Committee on
Appropriations, or in the budget appendix for the respective
appropriations, whichever is more detailed, and shall apply
to all items for which a dollar amount is specified and to
all programs for which new budget (obligational) authority is
provided, as well as to discretionary grants and
discretionary grant allocations; and
(C) an identification of items of special congressional
interest.
Sec. 406. Except as otherwise specifically provided by
law, not to exceed 50 percent of unobligated balances
remaining available at the end of fiscal year 2022 from
appropriations made available for salaries and expenses for
fiscal year 2022 in this Act, shall remain available through
September 30, 2023, for each such account for the purposes
authorized: Provided, That a request shall be submitted to
the House and Senate Committees on Appropriations for
approval prior to the expenditure of such funds: Provided
further, That these requests shall be made in compliance with
reprogramming guidelines under section 405 of this Act.
Sec. 407. No funds in this Act may be used to support any
Federal, State, or local projects that seek to use the power
of eminent domain, unless eminent domain is employed only for
a public use: Provided, That for purposes of this section,
public use shall not be construed to include economic
development that primarily benefits private entities:
Provided further, That any use of funds for mass transit,
railroad, airport, seaport or highway projects, as well as
utility projects which benefit or serve the general public
(including energy-related, communication-related, water-
related and wastewater-related infrastructure), other
structures designated for use by the general public or which
have other common-carrier or public-utility functions that
serve the general public and are subject to regulation and
oversight by the government, and projects for the removal of
an immediate threat to public health and safety or
brownfields as defined in the Small Business Liability Relief
and Brownfields Revitalization Act (Public Law 107-118) shall
be considered a public use for purposes of eminent domain.
Sec. 408. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality
of the United States
[[Page H4046]]
Government, except pursuant to a transfer made by, or
transfer authority provided in, this Act or any other
appropriations Act.
Sec. 409. No funds appropriated pursuant to this Act may
be expended by an entity unless the entity agrees that in
expending the assistance the entity will comply with sections
2 through 4 of the Act of March 3, 1933 (41 U.S.C. 8301-8305,
popularly known as the ``Buy American Act'').
Sec. 410. No funds appropriated or otherwise made
available under this Act shall be made available to any
person or entity that has been convicted of violating the Buy
American Act (41 U.S.C. 8301-8305).
Sec. 411. None of the funds made available in this Act may
be used for first-class airline accommodations in
contravention of sections 301-10.122 and 301-10.123 of title
41, Code of Federal Regulations.
Sec. 412. None of the funds made available in this Act may
be used to send or otherwise pay for the attendance of more
than 50 employees of a single agency or department of the
United States Government, who are stationed in the United
States, at any single international conference unless the
relevant Secretary reports to the House and Senate Committees
on Appropriations at least 5 days in advance that such
attendance is important to the national interest: Provided,
That for purposes of this section the term ``international
conference'' shall mean a conference occurring outside of the
United States attended by representatives of the United
States Government and of foreign governments, international
organizations, or nongovernmental organizations.
Sec. 413. (a) None of the funds made available by this Act
may be used to approve a new foreign air carrier permit under
sections 41301 through 41305 of title 49, United States Code,
or exemption application under section 40109 of that title of
an air carrier already holding an air operators certificate
issued by a country that is party to the U.S.-E.U.-Iceland-
Norway Air Transport Agreement where such approval would
contravene United States law or Article 17 bis of the U.S.-
E.U.-Iceland-Norway Air Transport Agreement.
(b) Nothing in this section shall prohibit, restrict or
otherwise preclude the Secretary of Transportation from
granting a foreign air carrier permit or an exemption to such
an air carrier where such authorization is consistent with
the U.S.-E.U.-Iceland-Norway Air Transport Agreement and
United States law.
Sec. 414. None of the funds appropriated or otherwise made
available under this Act may be used by the Surface
Transportation Board to charge or collect any filing fee for
rate or practice complaints filed with the Board in an amount
in excess of the amount authorized for district court civil
suit filing fees under section 1914 of title 28, United
States Code.
Sec. 415. (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. 416. (a) None of the funds made available in this Act
may be used to deny an Inspector General funded under this
Act timely access to any records, documents, or other
materials available to the department or agency over which
that Inspector General has responsibilities under the
Inspector General Act of 1978 (5 U.S.C. App.), or to prevent
or impede that Inspector General's access to such records,
documents, or other materials, under any provision of law,
except a provision of law that expressly refers to the
Inspector General and expressly limits the Inspector
General's right of access.
(b) A department or agency covered by this section shall
provide its Inspector General with access to all such
records, documents, and other materials in a timely manner.
(c) Each Inspector General shall ensure compliance with
statutory limitations on disclosure relevant to the
information provided by the establishment over which that
Inspector General has responsibilities under the Inspector
General Act of 1978 (5 U.S.C. App.).
(d) Each Inspector General covered by this section shall
report to the Committees on Appropriations of the House of
Representatives and the Senate within 5 calendar days any
failures to comply with this requirement.
Sec. 417. None of the funds appropriated or otherwise made
available by this Act may be used to pay award or incentive
fees for contractors whose performance has been judged to be
below satisfactory, behind schedule, over budget, or has
failed to meet the basic requirements of a contract, unless
the Agency determines that any such deviations are due to
unforeseeable events, government-driven scope changes, or are
not significant within the overall scope of the project and/
or program unless such awards or incentive fees are
consistent with 16.401(e)(2) of the Federal Acquisition
Regulations.
Sec. 418. Within the amounts appropriated in this Act,
funding shall be allocated in the amounts specified for those
projects and purposes delineated in the table titled
``Incorporation of Community Project Funding'' included in
the report accompanying this Act.
Sec. 419. None of the funds made available in this Act may
be made available or used by employers or companies that have
a contract with the Federal Government to enter into a
contract or agreement with an employee or applicant, as a
condition of employment, promotion, compensation, benefits,
or change in employment status or contractual relationship,
or as a term, condition, or privilege of employment, if that
contract or agreement contains a nondisparagement or
nondisclosure clause that covers workplace harassment,
including sexual harassment or retaliation for reporting,
resisting, opposing, or assisting in the investigation of
workplace harassment.
This division may be cited as the ``Transportation, Housing
and Urban Development, and Related Agencies Appropriations
Act, 2022''.
Sec. 420. Of the unobligated balances from amounts made
available under the heading ``Maritime Administration--
Maritime Security Program'' in any prior Act, $5,000,000 is
hereby rescinded: Provided, That 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 section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
The SPEAKER pro tempore. The bill, as amended, is debatable for 1
hour equally divided and controlled by the chair and ranking minority
member of the Committee on Appropriations or their respective
designees.
The gentlewoman from Connecticut (Ms. DeLauro) and the gentlewoman
from Texas (Ms. Granger) each will control 30 minutes.
The Chair recognizes the gentlewoman from Connecticut.
General Leave
Ms. DeLAURO. Madam Speaker, I ask unanimous consent that all Members
have 5 legislative days to revise and extend their remarks and include
extraneous material on the measure under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentlewoman from Connecticut?
There was no objection.
Ms. DeLAURO. Madam Speaker, I yield myself such time as I may
consume. Though, to consume time is not what I am here to do today. To
consume time is a luxury that we can no longer afford.
Madam Speaker, after decades of disinvestment and the devastation of
the pandemic, the time is now to reinvest in the American people. The
time is now to create jobs, grow opportunity, and support our Nation's
most vulnerable. The time is now to meet the moral test of government.
Vice President Hubert Humphrey defined this test by how government
treats ``those who are in the dawn of life . . . , those who are in the
twilight of life . . . , and those who are in the shadows of life.''
As I have led the Committee on Appropriations over the past 6 months,
this idea has served as a guiding light. It has challenged us to dig
deeply into the areas of greatest need and to provide every American
the opportunity to contribute and succeed.
I believe the package of seven appropriations bills before us, H.R.
4502, will not only pass this moral test, it will fulfill the sacred
mission we are charged with as a body to leave this Nation stronger and
better than we found it.
With investments in education, nutrition assistance, and rural and
underserved communities, we are providing every American the resources
they need. By rebuilding our Nation's infrastructure and confronting
the climate crisis, we are creating and sustaining good-paying American
jobs. And with renewed urgency to protect our democracy, close racial
disparities, and advance women's rights, we are building back better
and fostering a brighter future. We are meeting the moment and more
than meeting Hubert Humphrey's moral test.
As chair of the Labor, Health and Human Services, Education, and
Related Agencies Subcommittee, I want to take a moment to turn to the
investments we are making in this legislation more specifically to lift
up the most vulnerable and prepare our Nation for future challenges.
The $253.8 billion we provide in the Labor-HHS bill represents a
historic increase of 28 percent. It includes $7.4 billion for the Child
Care and Development Block Grant, $12.2 billion for Head Start, nearly
a $20 billion increase in Federal support for high-poverty schools, and
record funding for students with disabilities.
It provides continued support for social and emotional learning and
makes post-secondary education more affordable with a $400 increase for
the maximum Pell grant. It includes $1.1 billion for programs serving
historically Black colleges and universities, minority-serving
institutions, community colleges, and underresourced institutions of
higher education. And it provides $100 million for the Strengthening
Community Colleges Training Grant program.
[[Page H4047]]
To give workers the skills and protections they need, this bill
includes an increase of $1.6 billion for the Employment and Training
Administration, including a total of $285 million for registered
apprenticeships and $3.1 billion for Workforce Innovation and
Opportunity Act State grants, and $2.1 billion for worker protection
agencies.
This bill heeds the lessons of the pandemic by providing record
funding for the Centers for Disease Control and Prevention, including
$1 billion for public health infrastructure and capacity. It invests
$6.5 billion in the National Institutes of Health, which were crucial
in developing the COVID-19 vaccine in record time, including an
increase of $3.5 billion for biomedical research at existing NIH
institutes and centers. And it supports the President's request to
establish the Advanced Research Projects Agency for Health, or ARPA-H,
which will be indispensable in achieving breakthroughs in the treatment
of diseases, such as diabetes, amyotrophic lateral sclerosis, cancer,
and Alzheimer's disease.
This bill further provides $100 million to help communities create a
new mental health crisis response partnership pilot program in
partnership with our law enforcement agencies. And it provides $50
million for gun violence prevention research at the NIH and the CDC.
Finally, this bill ensures equal treatment for women by repealing the
discriminatory Hyde amendment and supports the more than 3 million men,
women, and young adults who receive the full range of family planning
and reproductive health services funded by Title X.
I have just scratched the surface of the historic and unprecedented
investments contained in this funding package, which together meet this
moment and, I believe, faithfully fulfill the moral test of government.
I thank all the subcommittee chairs, the ranking members, and all the
members of the Committee on Appropriations and their staffs for their
hard work on these bills.
In particular, I must note my deep appreciation for my partnership
with Ranking Member Cole; my partnership with the ranking member of the
full committee, Congresswoman Granger; and my gratitude for the Labor-
HHS staff led by Stephen Steigleder, and including Jared Bass, Philip
Tizzani, Jennifer Cama, Jackie Kilroy, Laurie Mignone, Becky Salay, and
Trisha Castaneda. Thank you as well to the minority staff, Susan Ross
and Kathryn Salmon. Last but not least, I must thank my personal staff,
including Liz Albertine, Christian Lovell, Caitlin Peruccio, and Marie
Gualtieri.
Madam Speaker, I urge support for the bill, and I reserve the balance
of my time.
Ms. GRANGER. Madam Speaker, I yield myself such time as I may consume
and rise today in strong opposition to H.R. 4502, a package of seven
fiscal year 2022 appropriations bills that will be considered this
week.
I wish the circumstances were different and I could support this
important piece of legislation that funds critical programs.
Unfortunately, after months of committee hearings and markups, this
year's bills have too many fatal flaws.
First, there is no agreement between Republicans and Democrats on the
top-line spending level for appropriations.
Second, there is no bipartisan agreement on the funding level for
each individual bill. To put it simply, nondefense spending is too high
and defense spending is too low.
Third, our colleagues on the other side of the aisle have included
the most alarming policy changes I have ever seen.
While acknowledging the hard work of Chair DeLauro and her
subcommittee chairs, this package does not reflect the type of
bipartisan agreement that we must have to complete the appropriations
process this year. Instead of crafting legislation both sides of the
aisle can support, the bills included in the package were written to
address the most extreme views in the majority party.
At a time of record-high deficits and debt, now is not the time to
double down on increasing domestic spending.
Here are just a few examples of the excess spending included in this
package: a 36 percent increase for the Labor-HHS bill; a 39 percent
increase for the White House; and a 22 percent increase for the Vice
President's office.
All of this comes at a time when we are seeing inflation rise at the
fastest pace in 13 years. For the sake of generations to come, we can't
afford to spend like this.
In addition to these unrealistic spending levels, the majority has
made questionable policy decisions that will complicate any attempts to
come to a bipartisan agreement. For example, their funding priorities
will reverse the gains in energy independence that we have made over
the past decade and will actually increase our dependence on China for
critical minerals.
Another area that is particularly concerning is that this bill fails
to include longstanding language prohibiting the transfer of detainees
currently at Guantanamo Bay to the United States. These detainees are
the worst of the worst, and we need assurance that they will not be
moved to our soil.
Finally, the most startling position taken in this bill is the
deliberate removal of the Hyde amendment and other longstanding
bipartisan provisions to protect life. The bill also provides funds for
the largest Planned Parenthood affiliate in the country, which performs
thousands of abortions each year.
This is not the way to do business if we want to enact full-year
appropriations bills this year. With the House only planning to be in
session and voting for 12 more legislative days before the end of the
fiscal year, we have a lot of work to do and little time to do it. We
must develop top-line spending levels that both sides can support.
We have countless policy differences that will take time to resolve,
and protecting the lives of unborn children must be the first step.
If we want to avoid a long-term continuing resolution--or worse, a
government shutdown--we must get serious and do the work our
constituents sent us here to do.
Madam Speaker, I urge my colleagues to vote against this package, and
I reserve the balance of my time.
Ms. DeLAURO. Madam Speaker, I yield 3 minutes to the gentlewoman from
Ohio (Ms. Kaptur), the chair of the Committee on Appropriations'
Subcommittee on Energy and Water Development, and Related Agencies.
Ms. KAPTUR. Madam Speaker, I thank Chair DeLauro for yielding, and I
thank her for her leadership of this really great and historic
committee.
The Energy and Water division makes significant investments to secure
the imperative of U.S. energy independence in perpetuity to foster
world-class scientific innovation and address the crisis of climate
change. Not only does our bill meet the needs of the current moment, it
provides a firmer foundation to build back better.
Headlines tell a clear story. NBC News reported: ``The West catches
fire while the East goes underwater as climate change fuels both
extremes.'' As these extreme conditions spread across our country, our
goal must be to provide the necessary energy and water assets to help
sustain life on our corner of Mother Earth.
Our bill invests over $53 billion to provide strategic resources to
address these challenges while creating good-paying, middle-class jobs
in communities across this country, with a greater commitment to those
too often left behind.
{time} 1530
Let me walk through key investments in this bill.
Madam Speaker, $45.1 billion is for the Department of Energy, $3.2
billion above enacted. Within the Department of Energy, the Office of
Energy Efficiency and Renewable Energy--so much a part of our future--
receives record funding of $3.7 billion, $906 million above enacted.
In the weatherization programs, they received $398 million, $83
million above enacted. That means thousands more homes retrofitted.
ARPA-E receives $600 million, $173 million above enacted. The Office of
Science--world-class science--receives $7.32 billion, $294 million
above enacted. We responsibly fund our nuclear deterrent and increase
funding for nonproliferation programs.
The Army Corps receives $8.6 billion, $1.9 billion above the budget
request, to support our Nation's water infrastructure and dredge ports
and harbors.
[[Page H4048]]
The Bureau of Reclamation receives $1.9 billion, $413 million above
the budget request, including $191 million to address the western
drought.
Our bill increases funding for regional commissions which promote
economic development in distressed communities.
In short, this bill meets our responsibility to sustain life on Earth
by providing critical funding for water infrastructure, clean energy,
the highest level of scientific innovation, and a credible nuclear
deterrent while supporting the creation of good paying jobs in every
region of our country.
I also wish to, in closing, thank my dear staff for their very hard
work beginning with Jaime Shimek, our chief clerk; Angie Giancarlo,
serving the ranking member and the Republican side of the aisle; Mike
Brain; Scott McKee; Brian Smith; Will Ostertag; Lauren Leuck; and,
finally, Matt Kaplan of my own staff who will be going on to work with
the National Resources Defense Council, and we will miss him so very
much.
Ms. DeLAURO. I reserve the balance of my time, Madam Speaker.
Ms. GRANGER. Madam Speaker, I yield 3 minutes to the gentleman from
Idaho (Mr. Simpson), who is the ranking member of the Energy and Water
Development, and Related Agencies Subcommittee.
Mr. SIMPSON. Madam Speaker, I thank the gentlewoman for yielding
time.
Madam Speaker, I rise today in reluctant opposition to H.R. 4502, the
seven-bill fiscal year 2022 appropriations package that includes the
Energy and Water Development appropriations bill. I had hoped to be
able to support the appropriations bill this year. Unfortunately, the
overall funding framework for these bills lacks bipartisan support. The
House framework includes massive increases for non-defense programs and
shortchanges our national security needs.
Taken in isolation, there are many things in the Energy and Water
bill that House Republicans could support. For example, strong support
for the Corps of Engineers, including specific community project
funding and additional programmatic funding, is a bipartisan priority.
Of great importance to me, of course, is the Department of Energy's
nuclear energy program. I appreciate Chairwoman Kaptur's efforts to
address many of my priorities within this account.
In particular, I am pleased to see increased funding to continue
three demonstration projects under the Advanced Small Modular Reactor
and Advanced Reactors Demonstration programs, as well as continued work
on microreactors, including the MARVEL program.
Also notable is the support for ensuring a supply of high-assay, low-
enriched uranium, or HALEU, that will be the fuel that will be used by
many of the next generation of reactors. The Department of Energy will
serve as an essential, temporary source of HALEU until the commercial
market can be established.
While I support the focus on demonstrating new technologies, I am
disappointed to see that the bill does not also continue support for
the Versatile Test Reactor. The VTR will be a valuable domestic testing
facility for many advanced technologies. Continuing work now, even if
at a slower pace than was originally planned, will allow us to benefit
from collaboration with one of the demonstration projects.
I was pleased to join Congressman Weber in offering an amendment to
highlight the importance of the VTR, and I urge the full House to adopt
it. I look forward to working with my colleagues to support progress on
the VTR as soon as possible.
Unfortunately, the bill before us underfunds our national security
needs. An increase of less than 1 percent for weapons activities does
not even keep up with inflation. And while the budget request was
itself insufficient, the bill before us does not even meet the budget
request for certain stockpile sustainment and major modification
programs. We must uphold our Nation's strong national deterrence
posture, and to do that we must adequately fund the activities
necessary to maintain a safe, reliable, and effective stockpile.
In closing, I would like to thank Chairwoman Kaptur for putting
together this year's Energy and Water bill in her typical cooperative
style. It is clear that she and the majority staff worked hard to
address individual Members' priorities from both sides of the aisle,
and I thank her for that consideration.
I would also like to thank Chairwoman DeLauro and Ranking Member
Granger of the full committee for their leadership and support of the
important programs in this bill.
I look forward to working together as the bill moves through the
legislative process to develop a final Energy and Water bill that
reflects a balanced set of priorities that can be supported by Members
on both sides of the aisle.
Ms. DeLAURO. Madam Speaker, I yield 3 minutes to the gentleman from
North Carolina (Mr. Price), who is the chairman of the Subcommittee on
Transportation, and Housing and Urban Development, and Related
Agencies.
Mr. PRICE of North Carolina. Madam Speaker, I rise in strong support
of this critical legislation. I want to start by thanking my partner,
Ranking Member Mario Diaz-Balart, for his collaboration and his
cooperation, which have made this a better bill reflecting many
bipartisan priorities which we can proudly support.
Division G, the T-HUD section, represents a renewed commitment to the
upgrading of our aging transportation infrastructure, addressing our
Nation's affordable housing and homelessness crises, bolstering our
resiliency to natural disasters and climate change, remedying
inequities and disparities in our housing and transportation systems,
and promoting safety--whether it be preventing carbon monoxide
poisoning in public housing or improving the certification of
complicated aircraft to improve aviation safety.
Overall, the bill includes $84.1 billion in discretionary funding.
That is an increase of nearly $8.7 billion over the fiscal year 2021
enacted level.
The bill also includes major increases in contract authority for
formula grant programs that draw on the highway trust fund rather than
discretionary funding, and in that respect, of course, we are mirroring
the INVEST in America Act recently passed by this body.
On the housing side of the ledger, we are preventing the evictions of
more than 4.8 million households by fully renewing all housing choice
vouchers and meeting the renewal needs of several other programs. This
is coupled with critical new investments, including more than 125,000
new tenant-based vouchers for low-income families and people
experiencing or at risk of homelessness, and over 4,000 new affordable
housing units for seniors and people with disabilities.
The bill increases the public housing fund by 11 percent to preserve
nearly 1 million units of affordable housing and improve the living
conditions for more than 2 million individuals served by our public
housing programs. The bill also includes significant increases for
Community Development Block Grants, the HOME Program, and NeighborWorks
to help expand affordable housing, spur community revitalization, and
generate jobs and economic activity.
Our bill, Madam Speaker, does right by transportation as well. All
modes receive robust funding, including highways, transit, rail,
aviation, bike and pedestrian projects, and ports. This bill nearly
doubles our investments in passenger and freight rail. It expands port
infrastructure programs by about one-third and emphasizes safety at the
Federal Aviation Administration. The bill includes the necessary
resources to ensure all projects in the Federal Transit
Administration's Capital Investment Grants pipeline--New Starts and
Small Starts--can move forward in 2022 and provides $1.2 billion for
the oversubscribed RAISE program.
Madam Speaker, we are proud of this bill, and we urge our colleagues
to support it with confidence.
Ms. GRANGER. Madam Speaker, I yield 3 minutes to the gentleman from
Arkansas (Mr. Womack), who is the ranking member of the Financial
Services and General Government Subcommittee.
Mr. WOMACK. Madam Speaker, my thanks to the ranking member for the
time.
Madam Speaker, I rise in opposition to this package of appropriations
bills.
[[Page H4049]]
As the ranking member of the Appropriations Financial Services and
General Government Subcommittee, I have great respect for my colleague,
Chairman Mike Quigley. We work well together, and that is saying
something because he is a Cubs fan, and I am a Cardinal fan.
The bill we are debating today, Madam Speaker, is packed with
unjustifiable spending and ignores our unsustainable fiscal trajectory.
In light of unprecedented pandemic spending, it was my hope that this
fiscal year we would prioritize making the tough choices necessary to
chart a responsible fiscal path forward. Instead, the Financial
Services division of the bill proposes a 20 percent increase in
discretionary spending over fiscal year 2021 and numerous agencies
funded receive a double-digit percentage increase over last year.
Those numbers are unconscionable, Madam Speaker, when you consider
the fact that this country is well over $28 trillion in debt.
I noted with interest the comments of the overall chairwoman when she
talked about the moral test of government. Madam Speaker, to me the
moral test of government is for us to do our work and to take care of
the urgent needs of our country, but not burden future generations in
the course of doing so.
Furthermore, my colleagues on the other side continue to call for
trillions in new government spending, and a new GAO report came out
just recently that says more than $1 trillion of the spending that we
have commissioned through the coronavirus phenomenon remains unspent.
Not just that, this spending has created an inflationary spiral that is
affecting every taxpayer budget in my district.
There are also several controversial policy changes included in the
FSGG division, such as allowing D.C. tax dollars to fund abortions and
removing the prohibition on Federal employee health benefits funding
for abortions. These policy changes are no-goes and make this bill and
minibus, as a whole, dead in the water.
Again, I oppose this package of appropriations, including the
Financial Services division due to the radical increases in spending
and these partisan policies.
But, Madam Speaker, I do look forward to working across the aisle
with both my counterparts in the House and in the Senate to come up
with a bill and a compromise that will actually work for America.
Ms. DeLAURO. Madam Speaker, I yield 3 minutes to the gentleman from
Georgia (Mr. Bishop), who is the chairman of the Appropriations
Subcommittee on Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies.
Mr. BISHOP of Georgia. Madam Speaker, I thank the gentlewoman for
yielding.
I rise in support of H.R. 4502. As chair of the Agriculture, Rural
Development, Food and Drug Administration, and Related Agencies
Subcommittee, I am pleased to highlight the national priorities that
are funded in our division.
First, I would like to thank our distinguished ranking member, Mr.
Fortenberry, and the entire subcommittee for their continued bipartisan
cooperation.
The jurisdiction of our bill is far-reaching and touches the lives of
every citizen, and while we may disagree on matters of policy from time
to time, agriculture, rural development, the safety of our food and
drugs, and the livability and sustainability of our ecosystems here and
across the globe are indeed bipartisan concerns, and we truly approach
our work collaboratively to achieve the greater good for our country
and humanity.
However, our FY22 allocation is $26.55 billion, which is $2.85
billion over the fiscal year 2021.
The bill addresses three key priorities:
First, it ensures equitable participation in USDA programs.
Second, it addresses the impacts of climate change.
Third, it reinvests in staff and leadership offices at USDA.
The bill provides $4.7 billion for rural development initiatives,
including more than $900 million for broadband expansion to provide
economic development opportunities and improved education and
healthcare services in rural communities. The bill continues important
funding for the Community Facilities Program that supports everything
from libraries and fire stations to childcare centers and nursing
homes.
The bill provides $2.9 billion in farm and conservation programs,
$3.4 billion for agricultural research including a significant increase
for the 1890 land-grant institutions, $1.74 billion for Food for Peace
grants, and $245 million for the McGovern-Dole program, both in support
of our diplomacy.
Food insecurity continues to hurt millions of Americans. Our bill
fully funds the SNAP, WIC, and child nutrition programs and helps
increase access to healthy, nutritious food.
The Food and Drug Administration is funded at $3.47 billion in
discretionary funding, with increases that help combat the opioid
crisis, rare cancers, foodborne outbreaks, and heavy metals in baby
food.
Madam Speaker, I want to thank my personal staff, Michael Reed,
Tynesha Boomer, and Danny Giddings; and the subcommittee staff, Martha
Foley, Diem-Linh Jones, Perry Yates, Joe Layman, Randy Staples, Justin
Masucci, and Echo Domingues for their hard work on the bill.
Also, I would like to thank Tom O'Brien from the minority staff. And,
of course, I thank Chair DeLauro and Ranking Member Granger for their
tremendous leadership.
{time} 1545
The SPEAKER pro tempore. The time of the gentleman has expired.
Ms. DeLAURO. Madam Speaker, I yield an additional 30 seconds to the
gentleman from Georgia (Mr. Bishop).
Mr. BISHOP of Georgia. Madam Speaker, I want to give a special shout
out to Michael Reed, who is retiring as my chief of staff and senior
policy advisor for appropriations after 18 years of extraordinary
service. We thank him mightily for his service, for his monumental
contributions to Georgia's Second District, and we wish him well as he
enters the next chapter of his life.
I am proud of this division and the entire bill, and I urge my
colleagues to support it. It is a good bill. It is good for America.
Ms. GRANGER. Madam Speaker, I yield 3 minutes to the gentleman from
Oklahoma (Mr. Cole), the vice ranking member of the full Committee on
Appropriations, and the ranking member of the Subcommittee on Labor,
Health and Human Services, Education, and Related Agencies.
Mr. COLE. Madam Speaker, I will be brief. But I want to begin by
thanking Chairwoman DeLauro and Ranking Member Granger for their help
throughout the process.
However, despite many areas of agreement in the bill before us today,
particularly relating to Labor, Health and Human Services, Education, I
will oppose the bill.
Madam Speaker, at the end of May, President Biden sent us a $6
trillion budget request for fiscal year 2022. The bill presented today,
in many ways, mirrors that budget request. Proposing the highest
spending level since World War II, the price tag alone is utterly
unrealistic. As we continue the see inflation on the rise, such a
proposal is bad for the recovering economy as well.
Instead of focusing on the urgent priorities for all Americans, like
reopening our economy and schools, President Biden's budget request and
this bill, elevate controversial left-wing policies over-pressing
needs, like strengthening our national defense and addressing the
crisis at our southern border.
In fact, this budget calls for billions of dollars to fund
progressive priorities and policies like the Green New Deal, while
recommending an effective cut in the funding for our military. With
China and Russia growing their militaries by the day, this is a very
misguided approach.
Finally, most egregious in the President's budget and the current
deal, which is reflected here, is the removal of the Hyde amendment,
which protects life and prevents Federal taxpayer-funded abortions.
Since it was first enacted in 1976, it is estimated this provision has
saved more than 2 million lives while protecting the conscience rights
of the great majority of Americans who are opposed to publicly-funded
abortions. Also, it removes the Weldon amendment, which provides
important conscience protection for our healthcare providers who object
to participating in abortion proceedings.
This amendment and the Weldon amendment have both been supported
[[Page H4050]]
for generations by Republicans and Democrats alike.
Madam Speaker, you know that the Democrats in Congress do not have
the majorities capable of passing this bill without Republican vote. In
the days and weeks ahead, it is my hope that Members on both sides of
the aisle and both Chambers can negotiate spending that is reasonable
and will not lead us to financial disaster.
But the first step toward negotiation will be the full reinstatement
of the Hyde and Weldon amendments along with similar pro-life
protections contained across the 12 spending bills that we consider as
a committee.
These protections need to be reinstated for this package to move to
the President's desk. Quite frankly, everyone in the Chamber knows this
bill will never pass the United States Senate without their inclusion,
and the majority of American people support that view.
In closing, Madam Speaker, while the bill does fund many good things,
and while I certainly appreciate the openness of the process in which
the gentlewoman from Connecticut and the gentlewoman from Texas have
participated in developing the bill, I do oppose it as drafted.
The price tag is too high. The bill contains too many poison pill
policy riders, and it funds too many unauthorized programs, and bows to
a leftist agenda that does not reflect the views and values of the
American people.
Madam Speaker, I remain hopeful that we can do better, and I urge
rejection of the bill.
Ms. DeLAURO. Madam Speaker, I yield 3 minutes to the gentlewoman from
Florida (Ms. Wasserman Schultz), the chair of the Subcommittee on
Military Construction, Veterans Affairs, and Related Agencies for
Appropriations.
Ms. WASSERMAN SCHULTZ. Madam Speaker, I thank Chair DeLauro for her
leadership during this process and for yielding.
The Military Construction, Veterans Affairs, and Related Agencies
division of the bill highlights our continued commitment to our
servicemembers and to their families and to our veterans.
Constructing the barracks, bases, and training facilities that our
military needs is crucial to our country's military readiness. Properly
funding the Department of Veterans Affairs is how we deliver on the
promise of medical care and other benefits that our veterans have
earned through service to our Nation.
The Related Agencies, including the American Battle Monuments
Commission and Arlington National Cemetery, demonstrate how we honor
the sacrifices of those who served. That is why I am proud that that
bill contains $124.5 billion in discretionary funding, an $11.4 billion
increase above the enacted funding level, and $1.3 billion above the
President's budget request.
For Military Construction, we provide $10.9 billion for critical
infrastructure on military installations, including for seven new child
development centers, and to address issues such as mold, vermin, and
lead in military family housing.
The bill also invests in climate change and energy resilience at our
military bases and provides $150 million for PFAS cleanup at
contaminated installations.
For VA, this bill provides $113.1 billion in discretionary funding,
including $97.6 billion for medical care that makes record investments
in women's health along with the ``whole health'' model, mental health
and suicide prevention, homelessness assistance, rural health, and
opioid abuse prevention.
The bill significantly boosts funding for VA research to support work
studying areas like toxic exposures and traumatic brain injury, and
infrastructure improvements to ensure modern, safe facilities to treat
our veterans, as well as continued implementation of Electronic Health
Record Modernization and efforts to reduce the disability claims
backlog.
Madam Speaker, I would like to thank Ranking Member Judge Carter and
Ranking Member Granger, I am proud to have you as my partners and
friends. I would like to thank the staff of both subcommittees and our
personal offices.
This is a good bill and does right by our servicemembers, their
families, and our veterans. It also benefits Floridians and advances
our Democratic priorities.
The Labor-Health bill includes $6 million, an increase of $1 million
for the EARLY Act legislation that I authored that educates young and
at-risk women about breast cancer. It also includes language to
implement my PALS Act to extend breast cancer screening for women 40 to
49 without co-pay until January 2025.
The Agriculture bill includes important report language and funding
for response to citrus greening disease, as well as language and
funding to strengthen the regulation of e-cigarettes.
The Energy and Water bill includes a record increase for climate-
conscious clean energy programs, and a record $350 million for
Everglades restoration. This is $100 million over the enacted level,
but I know we can do more.
The Financial Services bill also includes $2 million, an increase of
$700,000 for the Virginia Graeme Baker Pool and Spa Safety Act program,
which I authored to prevent childhood drownings.
Additionally, the Interior-Environment bill includes language that
orders a full environmental review on oil drilling applications in Big
Cypress National Preserve, and further blocks offshore oil or gas
drilling in new coastal areas.
The Transportation-Housing bill includes $300 million for the Port
Infrastructure Development Program, a $70 million increase, which will
help Florida's ports recover from COVID-19.
And, finally, this package includes many of my community funding
projects. I am proud to support this package.
Ms. GRANGER. Madam Speaker, I yield 3 minutes to the gentleman from
Texas (Mr. Carter), the ranking member of the Subcommittee on Military
Construction, Veterans Affairs, and Related Agencies.
Mr. CARTER of Texas. Madam Speaker, I really wish I was here
expressing my support for the fiscal year 2022 Military Construction,
Veterans Affairs, and Related Agencies bill, because it includes
funding for many important construction projects and programs for
veterans. But, unfortunately, I cannot support the bill for three
reasons.
The responsibility of the Subcommittee on Military Construction,
Veterans Affairs, and Related Agencies is to provide adequate resources
for our servicemembers, ensure that we fulfill the promises America
made to our veterans, and be good stewards of tax dollars.
While this bill includes funding for many priorities, including child
development centers, barracks, suicide prevention programs, and
electronic health records, it is not part of a bipartisan funding
framework that appropriately allocates funding between defense and
nondefense programs.
The bill also drops two restrictions on funding that have protected
Americans from the transfer of detainees, terrorists, to the United
States for more than 10 years. There is no reason to allow these
terrorists on U.S. soil. They need to remain in Guantanamo Bay and pay
for their heinous crimes.
Finally, I oppose the majority party's attempt to force hardworking
citizens to pay to end unborn human life. The Hyde amendment protects
every American from seeing their tax dollars used to fund something
that is the exact opposite of the American value of life, liberty, and
pursuit of happiness.
It is simple. Congress must maintain the Hyde amendment.
Despite my concerns, I think we can resolve our differences, address
these issues, and provide responsible levels of funding for the next
fiscal year.
In closing, I want to thank Chairwoman Wasserman Schultz for her work
on this bill and stewardship of the Subcommittee on Military
Construction, Veterans Affairs, and Related Agencies. Along with the
staff, she has personally worked to address many requests from all
Members in this bill.
Also, I thank Ranking Member Granger and Chairwoman DeLauro for their
support.
Ms. DeLAURO. Madam Speaker, I yield 1 minute to the gentleman from
Maryland (Mr. Hoyer), the majority leader of the House.
[[Page H4051]]
Mr. HOYER. Madam Speaker, as everybody knows, I had the delightful
opportunity of serving on the Appropriations Committee as an active
member for 23 years. I am on leave, and I may be on leave forever, who
knows, but I care a lot about these bills. These are the only bills
that have to pass. They are the only bills that if they don't pass, the
government shuts down.
They are the bills that used to bring us together. It is relatively
easy to compromise on figures, but it is difficult to compromise on
other issues. Although, I will say, as I begin my remarks--and I am not
going to be that long, but as I begin my remarks, I voted for, in the
1980s and 1990s and over the last 20 years, for appropriations bills in
which there were contained issues that I severely disagreed with, and I
know Ms. DeLauro has as well.
But I know that overall we had to pass the bills, and that I thought
then, and I think now, that the bills were largely dealing with what
the American people wanted us to deal with.
So I rise today, Madam Speaker, in support of these bills, the seven
in this package, and hopefully, three to come, and the two thereafter,
whenever we bring them to the floor.
Last Congress, after Democrats took control of the House majority, we
passed legislation to fund nearly all of government before the end of
the summer. I was very proud of that. We passed it in June of 2019, and
we passed it in July of 2020. We have done that 2 years in a row now.
What we haven't accomplished, however, is the passage of these bills
prior to September 30. That is what we should be doing.
I know the chair feels that way, and I think the ranking member feels
that way. I haven't talked to her specifically about that, but I think
she does.
Moving the appropriations process along on time made it easier to
forestall shutdowns and fund the government for the American people.
Now we are doing so again and with a Democratic-controlled Senate and
White House, we are passing bills of which every Member of this body
can be proud. And I predict that every Member of this body will go home
and claim credit for something in these appropriations bills, whether
you voted for or against.
The appropriations bills we are bringing to the floor in this minibus
package deliver for all of our constituents. They invest in economic
growth; they expand infrastructure; they care for our veterans; they
make college more affordable; advance research into combatting the next
pandemic and curing rare diseases; protect America's public lands and
keeping our air and water clean.
{time} 1600
They help farmers, small business, and large business. They help
farmers and invest in rural communities, and combat hunger and provide
housing, among other things.
These investments in the American people will help us build back
better from the pandemic and enable our businesses, workers, students,
and farmers to get ahead in the global economy.
One of the provisions I want to highlight in particular, of which I
am very proud, is the major increase in funding for full-service
community schools. I have been proud to advocate for this program since
we first launched it in 2008.
Full-service community schools help the youngest Americans and their
families--that is the key, ``and their families,'' the whole family.
Critical services are accessible all in one place, not only early
childhood education but also nutrition assistance, dental exams,
financial literacy courses, and more.
When children and their families have easy access to these resources,
it means greater success for students throughout their later years in
school, better preparing them for college and careers and helping us
close the achievement gap.
In my State of Maryland, we have had tremendous success with our
network of Judy Centers. Judy Centers are named after Judith P. Hoyer,
my wife, and in her memory. She was an early childhood educator in
Prince George's County and a pioneer in the development of this type of
program.
Like full-service community schools, Judy Centers are proving their
worth by narrowing achievement gaps and preparing more and more
students for success in kindergarten and later grades.
The minibus on the floor today would invest $443 million for this
critical initiative. Now, that is not a lot per child, but it is a lot
of effect per child, which will help States launch and expand their
full-service community school programs and serve many more children and
their families.
I thank Chairwoman DeLauro, not only for her strong support and her
leadership in making sure that funding was included, but also for her
leadership of this committee. She has been a very faithful steward, and
a steward who has acted in a very transparent, inclusive way so that
every Member knew what they could have and honor their initiatives and
their priorities.
All the members and staff of the Appropriations Committee for their
hard work should be thanked as well by all of us. These are tough bills
to put together, tough bills to move forward. I thank them for their
efforts together to ensure that the House is doing its job for the
people.
I urge my colleagues to join me in supporting this package of
appropriations bills.
Now, some may say, ``Well, the Senate hasn't acted,'' and that is a
lamentable fact. The Senate has not passed a single appropriations bill
out of committee, nor had they passed a single bill out of committee by
the end of the fiscal year last year.
I would hope that our colleagues in the United States Senate would
not keep treating the appropriations process as a backwater because
where we put our money is where our heart is, where our priorities are.
This bill, these bills--this bill, but these bills, all 10 of the ones
that we are going to consider hopefully this week--show where our
priorities are.
I hope that the Senate will begin its own appropriations process so
that we can complete our work together, perhaps not before the end of
the fiscal year but certainly before the end of the year, so we do not
have some either CR or omnibus, which is the product of just a few as
opposed to the many in this House and in the Senate.
I urge support of this minibus. I urge support of the three bills to
come, the State-Foreign Operations bill, the Commerce-Justice bill, and
the Legislative Branch bill. I thank all the cardinals and the ranking
members for their help and their work.
Ms. GRANGER. Madam Speaker, I yield 3 minutes to the gentleman from
Florida (Mr. Diaz-Balart), the ranking member of the Transportation and
Housing and Urban Development, and Related Agencies Subcommittee.
Mr. DIAZ-BALART. Madam Speaker, I rise in opposition to H.R. 4502.
I would first like to thank Chairwoman DeLauro and Ranking Member
Granger. While we have, obviously, disagreements at this stage of the
game, that cannot stop us from working on behalf of the American
people.
I also particularly want to thank Chairman Price for his friendship,
for his openness and transparency, and for his integrity. He is
committed to transparency, which is something that we should all expect
from the agencies that we fund.
This bill includes funding and language requests from Members on both
sides of the aisle. That was not a small task, but it keeps the best
ideas coming forward to improve the way that, again, our government
functions, and that is important.
I am pleased that the bill continues investments in our Nation's
highways, rails, transit, and airport infrastructure, as well as we
continue to make progress improving port infrastructure, which,
obviously, is key for our supply chains.
The chairman once again also has made DOT safety programs a priority.
Our roads, railways, and skies are safer due to our shared priority on
safety.
Chairman Price's commitment to addressing homelessness and housing
for the elderly and the disabled is evident in this bill. We share the
goal of promoting affordable housing and providing a safety net to our
most valuable citizens.
Now, again, while I support and applaud many of the decisions made in
this bill, a $9 billion top-line increase, a 13 percent increase over
last year, is just something that I cannot support.
Let me give you an example. I am concerned about the dramatic
expansion of HUD assistance programs in
[[Page H4052]]
this bill--well-meaning, but, in part, the problem is that those
increases would need to be sustained in future years. This would crowd
out our ability to make targeted, responsible transportation and
housing investments in future years.
Our national debt exceeds $28 trillion, and it is only going to
continue to grow under the majority's approach to spending, not to
mention the fact that it seems that this approach is creating a huge,
huge increase in inflation. It is an inflation factory that we see.
It is also clear that Members on my side of the aisle have made it
clear that we cannot support bills that give excess increases to
nondefense agencies, especially while reducing or shortchanging our
national defense.
We all know that, to move forward, we need a bipartisan agreement on
spending, and the time for that agreement is now so that we can make
responsible investments that create jobs and expand opportunity without
the dramatic increases that we are seeing in this Nation caused by the
spending of the majority.
Again, at this stage, I cannot support the bill.
Ms. DeLAURO. Madam Speaker, I yield 3 minutes to the gentlewoman from
Maine (Ms. Pingree), the chair of the Subcommittee on Interior,
Environment, and Related Agencies of the Appropriations Committee.
Ms. PINGREE. Madam Speaker, I thank the chairwoman for yielding the
time. I thank her and Ranking Member Granger for their leadership on
this committee.
I rise to support the fiscal year 2022 Interior, Environment, and
Related Agencies appropriations bill.
I also want to thank Ranking Member Joyce for his collaboration and
partnership through this process. It is truly a privilege and a
pleasure to work with him.
I want to thank the hardworking committee staff, Rita Culp, who is
our clerk; Jocelyn Hunn; Janet Erickson; Kusai Merchant; Tyler Coe;
Marcel Caldwell; and also my personal staff, Evan Johnston, Lisa Pahel,
and Katie Bergh. We couldn't do it without all of their hard work.
For fiscal year 2022, the subcommittee is recommending a total of
$43.4 billion for the Interior, Environment, and Related Agencies bill.
This is an increase of $7.3 billion over last year's enacted level,
which is a 20 percent increase. I am proud this bill makes long-overdue
investments to care for our planet, to fight climate emergency, and to
meet our trust obligations to Tribal nations.
The bill prioritizes the protection and preservation of our
landscapes and biodiversity, providing $15.6 billion for the Department
of the Interior.
It supports the administration's initiatives on climate change, such
as the Civilian Climate Corps, and affirms the role of science as the
foundation for decisionmaking. It funds a national initiative to
reclaim abandoned mines and cap orphan oil and gas wells, and it makes
investments in renewable energy development, including offshore wind.
Climate change is causing more extreme weather events and drought
conditions, as well as worsening existing problems such as the spread
of invasive species. These factors are all contributing to the
increasing threat of high-intensity wildfires in the West.
The Interior bill not only provides $5.7 billion for wildland fire
management but it also invests in programs to improve the health of our
forests and make them more resilient.
The bill also includes major investments to clean up pollution and
protect human health and the environment. The bill provides $11.4
billion for the Environmental Protection Agency, the highest level in
the Agency's history.
Across the country, Superfund cleanups are delayed because of the
lack of funding. This bill boosts Superfund spending by 27 percent and
will accelerate the pace of cleanup of toxic chemicals from the
country's most contaminated sites.
The bill adopts a whole-of-government approach to address
environmental justice and invests an unprecedented $248 million in
these efforts.
Additionally, the bill provides $4 billion for grant programs to make
drinking water and sewer system improvements, remove lead from our
taps, improve air quality, and strengthen our Nation's recycling
infrastructure.
These grants have profound impacts on public health and the
environment, but they are also economic drivers that create good-paying
American jobs.
Following our work in the CARES and the American Recovery Plan Acts,
this bill supports the arts and humanities by providing $201 million
for both the National Endowment for the Arts and the National Endowment
for the Humanities. The cultural sector has been particularly
devastated by COVID-19, and this funding will help to support relief
and recovery for community organizations across the country.
Finally, this bill supports Native American families by investing in
a strong and resilient Indian Country, including through education and
healthcare programs.
The SPEAKER pro tempore (Ms. Jackson Lee). The time of the
gentlewoman has expired.
Ms. DeLAURO. Madam Speaker, I yield an additional 30 seconds to the
gentlewoman.
Ms. PINGREE. Within the Department of the Interior, the bill invests
$4 billion in Indian Affairs programs, including an additional $180
million to address climate change impacts. For Indian Health Services,
the bill provides an additional $1.9 billion toward meeting Federal
treaty and trust obligations for healthcare.
The investments in this bill would improve the lives of Americans,
and I urge my colleagues to support the bill.
Ms. GRANGER. Madam Speaker, I yield 3 minutes to the gentleman from
Nebraska (Mr. Fortenberry), the ranking member of the Agriculture,
Rural Development, Food and Drug Administration, and Related Agencies
Subcommittee.
Mr. FORTENBERRY. Madam Speaker, first, let me acknowledge the
leadership of our committee, the chair, Rosa DeLauro, and our Ranking
Member Kay Granger particularly, in this sense, for their attempt to
navigate this contentious process in which there really are areas of
mutuality but are, unfortunately, marked also by irreconcilable
differences.
With that said, the agriculture component of this bill does reflect
the cooperative spirit of both the American agricultural community as
well as this subcommittee.
Agriculture has the unique ability to unite across political, social,
and economic divides, and I am particularly grateful to Chairman Bishop
and his staff for producing a reasonable base bill here that we all
hope can be refined as it moves through the process.
Madam Speaker, production agriculture is a mainstay of America's
economy. The vastness of our land, our ingenuity, and our technological
prowess allow our Nation to provide the most abundant, low-cost,
nutritious, and diverse array of foods found anywhere. Our trade
imbalance would be so much greater were it not for this remarkable
success.
We are also empowered to meet our country's charitable impulse by
moving approximately $2 billion in aid to persons overseas facing food
insecurity. Investments in this bill build upon this amazing
productivity.
Here are some important highlights. There is:
Support for what I call the Farm of the Future to enhance efficiency,
regenerative capacity, and new forms of small-scale niche agriculture
that marry high-tech with high-touch and, again, connect the farm to
the family;
Support for the Farm to School program, bringing healthy, nutritious
food choices to children;
Strengthened partnerships between minority-serving institutions
within our land-grant system;
Increased support for rural broadband and what I call the ecosystem
of livability;
More resources for unannounced drug plant inspections in China and
India as well as a commitment to environmental security through
investments in better cover crop practices and control of fertilizer
runoff.
{time} 1615
Now, here are the needed fixes. Ranking Member Granger has been right
and clear in her remarks that the proposed nondefense increases across
these bills are way too high, 10 percent in this bill alone.
The bill also contains an unauthorized nutrition program that grants
unlimited funding in the final quarter.
[[Page H4053]]
That is for the authorizing committee to take up.
The bill also has a provision that makes unnecessary changes to a
meat and poultry processing program that Secretary Vilsack originally
proposed in the Obama administration.
I believe that we can fix these matters and, hopefully, move toward
an agreement as this bill moves through the process.
Ms. DeLAURO. Madam Speaker, I yield 3 minutes to the gentleman from
Illinois (Mr. Quigley), the chairman of the Subcommittee on Financial
Services and General Government.
Mr. QUIGLEY. Madam Speaker, first, I want to thank staff on both
sides for putting this together. On the majority side: Laura, Marybeth,
Elliot, Aalok, Parker, and Matt. On the minority side, John Martens;
and from my own staff, Charlie and Max.
I do want to thank Mr. Womack, the ranking member, who is a friend, a
gentleman, and very easy to work with at a complicated time and his
apparent insistence on being a Cardinals fan, as he just raised. He
doesn't seem to mind when I bring up the St. Louis professional
football and basketball teams, but we will leave that to another day.
As to the bill, the bill recommends $29 billion. This is an increase
of $4.8 billion over the comparable year of 2021.
It includes $13.6 billion for the IRS, an increase of $1.7 billion
above fiscal 2021, a first step toward restoring the cuts this agency
has suffered. The increase will improve enforcement activities and
support better customer service.
Notably, the bill includes $330 million for Community Development
Financial Institutions, which is $60 million above the fiscal year 2021
level to provide critical resources to underserved communities.
The bill provides $324 million for the Small Business
Administration's Entrepreneurial Development Programs, which is $52
million above fiscal year 2021.
It also includes significant funding for the General Services
Administration, including $300 million for a new Electric Vehicles
Fund, $100 million for the GSA to manage climate change risks, and over
$1 billion to modernize and improve the GSA real property portfolio by
reducing their climate impact and improving resiliency.
The bill also includes $300 million for the High Intensity Drug
Trafficking Areas Program, an increase of $10 million, and the Drug-
Free Communities Program is funded at $110 million.
In the lead-up to our country's 250th anniversary, the bill includes
much-needed funding for the modernization of the National Archives
building, which houses the Declaration of Independence, the
Constitution, and the Bill of Rights.
The bill includes $8.15 billion in discretionary appropriations for
the judicial branch, an increase to fund protective services and
physical security needed in courthouses and ensure the continued
operations of the judiciary.
The bill also increases funding for agencies to protect everyday
consumers and retail investors, including the Consumer Product Safety
Commission, the Federal Trade Commission, and the Securities and
Exchange Commission.
I am proud this bill removes several longstanding policy riders,
including many that dictate to the District of Columbia how to manage
its own affairs or spend its own money or that harm and limit
transparency in political spending.
Finally, I would like to take a moment to highlight an issue that is
a priority of mine, election security.
This bill today includes $500 million for payments to States to help
them meet the challenge of ensuring the real security and integrity of
American elections. This represents our continued commitment to long-
term funding for election security.
Ms. GRANGER. Madam Speaker, I yield 3 minutes to the gentleman from
Ohio (Mr. Joyce), the ranking member of the Interior and Environment
Subcommittee.
Mr. JOYCE of Ohio. Madam Speaker, I rise today in opposition to H.R.
4502.
Before I get into the details of division E, the Interior and
Environment section of the bill, I want to thank Chairwoman DeLauro and
Ranking Member Granger for their leadership on the Appropriations
Committee.
I would also like to extend my sincere thanks to Chellie Pingree, the
chair of the Interior, Environment, and Related Agencies Subcommittee.
Chair Pingree has been an excellent leader, and I am glad I have had
the opportunity to serve alongside her as ranking member on the
subcommittee.
The fiscal year 2022 Interior and Environment bill includes many
bipartisan initiatives to conserve and protect our Nation's natural and
cultural resources and to increase the Federal commitment to honor our
treaties and trust responsibilities with American Indians and Alaska
Natives.
I am grateful for my home district in Ohio, and the States in the
Great Lakes Basin, that the bill provides increased funding for the
Great Lakes Restoration Initiative. This funding is critical to our
work to restore and protect the lakes for future generations.
Robust funding for the Great Lakes Restoration Initiative is
essential as we continue our efforts with Federal, State, Tribal,
local, and nonprofit partners to delist Areas of Concern, address
shoreline erosion, improve water quality, prevent harmful algal blooms,
and control invasive species.
I am also especially pleased that the bill makes critical investments
in Indian Country, a longstanding bipartisan priority of this
subcommittee.
The $12.1 billion across the bill will help support healthcare,
education, law enforcement, and other operational programs throughout
Indian Country.
Chair Pingree and her staff have worked hard to accommodate requests
from Members on both sides of the aisle in this bill that will be
appreciated by our constituents, regardless of party.
Unfortunately, while I am supportive of the bipartisan components of
the bill, I am unable to support the bill in its current form.
First and foremost, the bill adds several new controversial policy
riders that would curtail U.S. energy independence by limiting
conventional energy and natural resource development.
Limiting our domestic supplies of much-needed natural resources does
not decrease our demand for them; it only makes us more dependent upon
foreign nations to obtain them, which is not only a national security
concern but also an economic security, environmental, and human rights
concern.
Our economy continues to depend upon on an all-of-the-above energy
strategy, and these added provisions would undermine our ability to
meet that demand.
Similar riders were dropped from the final conference agreement last
year, and the same must be done again before the bill can be signed
into law.
The Interior bill also eliminates or weakens several longstanding
provisions that were once again enacted on a bipartisan basis last
year. Adding these provisions back will be essential to reaching a
bipartisan agreement.
The bill before us today proposes a $7 billion increase in
discretionary spending, with many agencies receiving double-digit
percent increases.
As a result of the COVID-19 pandemic, Congress has provided trillions
of dollars in economic stimulus and relief to help Americans tackle
unique challenges.
On the heels of this unprecedented spending, as we continue to
restore our way of life and reignite our economy, it is imperative that
the Federal Government makes the tough choices necessary to live within
its means.
So it is for a combination of these funding and policy reasons that I
cannot support this bill at this time and in its current form.
Madam Speaker, I strongly urge my colleagues to vote ``no'' on this
package.
Ms. DeLAURO. Madam Speaker, I reserve the balance of my time.
Ms. GRANGER. Madam Speaker, I yield 1 minute to the gentleman from
Virginia (Mr. Cline), who is a member of the Appropriations Committee.
Mr. CLINE. Madam Speaker, I thank the ranking member for yielding the
time and the chair for her leadership as well. I am honored to be a new
member of the Appropriations Committee, but I must oppose this
appropriations bill.
I was disappointed by the party-line votes many of my colleagues took
during committee markup against amendments that should have garnered
bipartisan support.
[[Page H4054]]
I am most disheartened that the majority failed to keep decades-long,
bipartisan provisions in this bill. Chief among those were the Hyde and
the Weldon amendments.
Since Hyde was first included in 1976, it has saved nearly 2.5
million lives. Nearly 60 percent of Americans agree that taxpayer
dollars should not be used to pay for abortions.
The Weldon amendment ensures that healthcare providers cannot be
forced to provide abortion services, a protection that has been in
place since 2005.
We should never force our healthcare workers to participate in
abortion when they have taken an oath to heal and to do no harm.
While there was much in this bill I would like to support, the
inclusion of these provisions is non-negotiable.
I will always stand to preserve the sanctity of life and to protect
our healthcare providers from being forced to perform actions they find
unconscionable.
The government has a duty to protect the inalienable right to life.
Therefore, I cannot support this bill.
Ms. DeLAURO. Madam Speaker, I reserve the balance of my time.
Ms. GRANGER. Madam Speaker, I yield 1 minute to the gentleman from
Alaska (Mr. Young), the dean of the House of Representatives.
Mr. YOUNG. Madam Speaker, I thank Ms. Granger for yielding, and I
thank Ms. DeLauro for the work you have done, but I cannot support this
bill.
Before giving my short testimony, I would like to quickly
congratulate Lydia Jacoby from Seward, Alaska, on winning an Olympic
gold medal on the 100-meter swim. She is 17 years old. That is
something to smile about.
I want to thank, very frankly, the majority side. Thank you for
getting me elected every time, which you do. Because every time we have
an appropriations process, you add a provision in there preventing
access to building roads in the Tongass National Forest. As long as you
keep doing that, I am going to get reelected, so I thank you for that.
In the over 60 years I have lived in Alaska, I have watched tens of
thousands of jobs in the logging industry and support industries
shrivel up and not be there anymore. These are working American jobs.
The economy in southeast Alaska is hurting, and it is not because of
a poor timber market; it is because of, very frankly, radical
environmentalism.
The timber industry supports great-paying, year-round jobs in
southeast Alaska. Even though the environmentalists have already
succeeded in locking up over 96 percent of the Tongass forest,
eliminating most of these jobs, they are now after the remaining 4
percent of that land mass. Where this idea came from, other than
extreme environmentalists, I don't know.
This is nothing less than economic terrorism, hurting a community in
Alaska, which I represent. It is not just about timber.
The SPEAKER pro tempore. The time of the gentleman has expired.
Ms. GRANGER. Madam Speaker, I yield an additional 30 seconds to the
gentleman from Alaska.
Mr. YOUNG. Madam Speaker, it is about communications. I can't even
build a road from one community to another community. No place else in
America can that happen.
So I am asking you to continue what you are doing, which you are
hurting my State, but you are getting me reelected, so thank you very
much.
Ms. DeLAURO. Madam Speaker, I reserve the balance of my time.
Ms. GRANGER. Madam Speaker, I yield myself the balance of my time for
closing.
Madam Speaker, the bills we are considering today have some fatal
flaws I simply cannot support. Again, there is no agreement on top-line
spending levels, and the bills include some of the most concerning
policy changes I have ever seen in an appropriations bill.
The package before us includes excessive spending, jeopardizes our
security, reverses the provisions that protect life, and adds
burdensome regulations. Moving this package is simply a wasted
opportunity.
This is a partisan measure. I strongly urge my colleagues to vote
``no,'' and I yield back the balance of my time.
Ms. DeLAURO. Madam Speaker, I yield myself the balance of my time.
Madam Speaker, our country faces dire needs. Far too many people are
struggling to put food on the table, to pay their rent. Many more
struggle to afford childcare or the cost of education and skills
training. The deck has been stacked for so long for the wealthy and the
well connected, while our infrastructure crumbles and the existential
threat of climate change looms. From the mountains of Appalachia to the
struggling neighborhoods of our largest cities, the biggest deficit we
face is one of hope.
The moral test of our government today is how we meet these
challenges. It is whether we can rise to the occasion and deliver hope
for the American people who have been left behind for far too long.
The bills before us meet that moral test. Their transformative
investments create jobs, grow opportunity, and provide a lifeline to
the vulnerable. They invest in our infrastructure and in a cleaner,
safer future.
Madam Speaker, I urge support for this legislation, and I yield back
the balance of my time.
Ms. LEE of California. Madam Speaker, I rise to voice my support for
H.R 4502, a bill which provides funding for numerous critical federal
programs for Fiscal Year 2022.
I want to thank our Chairwoman, Rosa DeLauro for leading the
appropriations process this year and ensuring that our committee marked
up all twelve appropriations bills. I also thank the Speaker, Leader
Hoyer, and Whip Clyburn for working to get this bill to the floor.
Lastly, I want to thank Chairs Bishop, Kaptur, Pingree, Price,
Quigley, and Wasserman Schultz for their leadership in crafting each of
these individual bills included in this package.
This bill makes critical investments to fight poverty, hunger
homelessness, and housing insecurity. It funds reproductive health,
education and labor programs that create opportunities for our youth.
As the Co-Chair of the Pro-Choice Caucus, I am proud that this bill
removes the Hyde and Weldon amendments. These provisions have long had
a terrible and disproportionate impact on low-income women and women of
color. Getting them off the books will be a huge step forward for
reproductive and racial justice.
I represent a district in the Bay Area that has some of the biggest
challenges with transportation and housing affordability in the
country. This bill will help 125 thousand new families get and keep a
roof over their heads. And it includes six hundred million for Housing
Opportunities for People with AIDS, to help people struggling with the
converging pandemics of HIV and poverty to combat both in tandem.
This bill comes at a time when we can no longer ignore that systemic
racism is at the heart of every crisis we face today--from the COVID-19
pandemic disproportionately impacting communities of color, to the
crisis of police brutality.
Crucially, this bill includes my request to require HHS to develop a
comprehensive plan to develop a National Center on Antiracism and
Health Equity. This new Center will be a cross-cutting effort that
would address the shortage of behavioral health professionals and Black
men in medicine, barriers for people living with HIV, the need for
increased research for diseases such as Sickle Cell and COPD, and
empowering trusted messengers of our communities.
This bill also funds a pilot program under the Office of Minority
Health to oversee grants to support community-based organizations
working to address structural racism in public health. I would like to
thank Congresswoman Pressley and Senator Warren for partnering with me
in this effort.
I am happy to see increased funding for lifesaving programs such as
the Ryan White Program and the Minority HIV/AIDS Initiative. As the Co-
Chair of the Congressional HIV/AIDS Caucus, I will look forward to
continuing to work with all of you to end the HIV epidemic by 2030.
Finally, as the Co-Chair of the Congressional Cannabis Caucus, I was
glad to see cannabis research as a priority through various agencies.
Gaining scientific data on cannabis will be valuable in further
understanding its potential benefits.
I urge my colleagues to vote for H.R. 4502.
Mr. SMITH of New Jersey. Madam Speaker, the bill under consideration
removes several longstanding pro-life protections and advances
provisions that would force U.S. taxpayers to pay for abortion-on-
demand.
It removes the Hyde Amendment which protects federal taxpayers from
being forced to fund elective abortions--an agreement that has received
bipartisan support since 1976. It also removes the Weldon Amendment
which prevents discrimination against health care providers who do not
want to participate in abortion.
Similarly, the rule under consideration precludes even a vote on the
Cole amendment,
[[Page H4055]]
which would restore the Hyde Amendment and the Weldon Amendment.
The rule also denies a vote to my amendment, which would restore a
law I authored in 1983--38 years ago--prohibiting funding of abortion
under the Federal Employees Health Benefits Program. Like the Hyde
Amendment, that law must be renewed every year.
A total of 14 pro-life amendments were ruled out of order by the
Democratic majority.
All is not lost, however. I remain hopeful--confident--that the
Senate will reinstate all current pro-life protections, like the Hyde
Amendment.
Taxpayers should not be forced to subsidize abortion nor should
anyone or any entity be coerced against their conscience to perform or
facilitate the killing of an unborn child.
The Hyde Amendment has saved more than 2.4 million lives--about
60,000 per year since it was first enacted.
If retained in law, more innocent lives will be protected.
It is time, I believe, for more of us to face the harsh reality of
what abortion actually does to children and look beyond the sound bites
and slogans.
No one in the media ever bothers to expose the violent methods of
abortion that include dismemberment of a child's fragile body,
including decapitation, and that one of the drugs in RU-486 starves the
baby to death.
Or that unborn babies killed by abortion at 20 weeks or later
experience excruciating suffering and physical pain. And until rendered
unconscious or dead by these hideous procedures, the child feels the
pain of every cut according to medical experts in life-enhancing
prenatal surgery.
Abortion is not health care unless one construes the precious life of
an unborn child to be analogous to a tumor to be excised or a disease
to be vanqulshed--pregnancy is not a disease.
Mr. Biden once wrote constituents, explaining his support for laws
against funding for abortion, by saying ``it would protect both the
woman and her unborn child.''
Mr. Biden went on to say ``those of us who are opposed to abortion
should not be compelled to pay for them.'' I agree. Most Americans
agree.
Over the years, the polls have consistently shown that Americans do
not support taxpayer funded abortion.
The January 2021 Marist poll found that by a margin of 58 percent to
38 percent Americans oppose taxpayer funded abortion.
The Marist poll found that a supermajority of 65 percent of
Independents oppose taxpayer funding of abortion.
Unborn babies need the President of the United States and Members of
Congress to be their friend and advocate, not powerful adversaries.
The SPEAKER pro tempore. All time for debate has expired.
Each further amendment printed in part B of House Report 117-109 not
earlier considered as part of amendments en bloc pursuant to section 3
of House Resolution 555, shall be considered only in the order printed
in the report, may be offered only by a Member designated in the
report, shall be considered as read, shall be debatable for the time
specified in the report equally divided and controlled by the proponent
and an opponent, may be withdrawn by the proponent at any time before
the question is put thereon, shall not be subject to amendment, and
shall not be subject to a demand for division of the question.
It shall be in order at any time after debate for the chair of the
Committee on Appropriations or her designee to offer amendments en bloc
consisting of further amendments printed in part B of House Report 117-
109, not earlier disposed of. Amendments en bloc shall be considered as
read, shall be debatable for 30 minutes equally divided and controlled
by the chair and ranking minority member of the Committee on
Appropriations or their respective designees, shall not be subject to
amendment, and shall not be subject to a demand for division of the
question.
{time} 1630
Amendments En Bloc No. 1 Offered by Ms. DeLauro of Connecticut
Ms. DeLAURO. Madam Speaker, pursuant to House Resolution 555, I offer
amendments en bloc.
The SPEAKER pro tempore. The Clerk will designate the amendments en
bloc.
Amendments en bloc 1 consisting of amendment Nos. 23, 67, 95, 123,
154, and 215, printed in part B of House Report 117-109, offered by Ms.
DeLauro of Connecticut:
Amendment No. 23 Offered by Mr. Hern of Oklahoma
At the end of division A (before the short title), insert
the following:
Sec. __. Each amount made available by this Act (other
than an amount required to be made available by a provision
of law or an amount defined as a ``security category'' under
section 250(c)(4)(B) of the Balanced Budget and Emergency
Deficit Control Act of 1985) is hereby reduced by 20 percent.
Amendment No. 67 Offered by Mr. Hern of Oklahoma
At the end of division B (before the short title), insert
the following:
Sec. __. Each amount made available by this Act (other
than an amount required to be made available by a provision
of law or an amount defined as a ``security category'' under
section 250(c)(4)(B) of the Balanced Budget and Emergency
Deficit Control Act of 1985) is hereby reduced by 20 percent.
Amendment No. 95 Offered by Mr. Hern of Oklahoma
At the end of division C (before the short title), insert
the following:
Sec. __. Each amount made available by this Act (other
than an amount required to be made available by a provision
of law or an amount defined as a ``security category'' under
section 250(c)(4)(B) of the Balanced Budget and Emergency
Deficit Control Act of 1985) is hereby reduced by 20 percent.
Amendment No. 123 Offered by Mr. Hern of Oklahoma
At the end of division D (before the short title), insert
the following:
TITLE IX--ADDITIONAL GENERAL PROVISIONS
Sec. __. Each amount made available by this Act (other
than an amount required to be made available by a provision
of law or an amount defined as a ``security category'' under
section 250(c)(4)(B) of the Balanced Budget and Emergency
Deficit Control Act of 1985) is hereby reduced by 20 percent.
Amendment No. 154 Offered by Mr.Hern of Oklahoma
At the end of division E (before the short title), insert
the following:
Sec. __. Each amount made available by this Act (other
than an amount required to be made available by a provision
of law or an amount defined as a ``security category'' under
section 250(c)(4)(B) of the Balanced Budget and Emergency
Deficit Control Act of 1985) is hereby reduced by 20 percent.
Amendment No. 215 Offered by Mr. Hern of Oklahoma
At the end of division G (before the short title), insert
the following:
Sec. __. Each amount made available by this Act (other
than an amount required to be made available by a provision
of law or an amount defined as a ``security category'' under
section 250(c)(4)(B) of the Balanced Budget and Emergency
Deficit Control Act of 1985) is hereby reduced by 20 percent.
The SPEAKER pro tempore. Pursuant to House Resolution 555, the
gentlewoman from Connecticut (Ms. DeLauro) and the gentleman from
Arkansas (Mr. Womack) each will control 15 minutes.
The Chair recognizes the gentlewoman from Connecticut.
Ms. DeLAURO. Madam Speaker, I reserve the balance of my time.
Mr. WOMACK. Madam Speaker, I yield 5 minutes to the gentleman from
Oklahoma (Mr. Hern), my friend from Tulsa.
Mr. HERN. Madam Speaker, last year we lost Senator Tom Coburn, a dear
friend of mine, and a legend in both this Chamber and across the
Capitol for his consistency and dedication to the fiscal responsibility
of our country.
Tom taught me so much about the way our government works, about our
broken budget process, and about the importance of spending American
tax dollars wisely.
It is pretty clear that a lot of my colleagues have forgotten one
monumental fact: that the Federal Government has no money of our own.
Every dollar comes from the American people.
When we are in this Chamber debating spending another billion here
and a trillion there, it doesn't come from some bottomless bank
account. It comes from the hardworking American people, and we can
never take that for granted.
I have with me today Senator Tom Coburn's black book, an outline of
his deficit reduction plan in 2011 to get the United States on track to
eliminate our debt and balance the budget.
My colleague from Oklahoma, Senator Lankford, has taken on Tom's
mantle as the fiscal hawk of the Senate and now produces a similar
report detailing the many, many line items of waste and abuse in the
Federal Government.
In his memory, I helmed the Republican Study Committee Budget and
Spending Task Force this Congress, and we produced what is still the
only budget introduced to the House. My budget is not only a clear path
back to black, as my friend Tom would say, it balances in just 5 years.
[[Page H4056]]
Our interest costs on the debt alone are expected to nearly triple in
the next 10 years, making interest costs the third largest Federal
expense behind Social Security and Medicare.
As our spending continues to rise, so, too, do the concerns of our
constituents.
Our esteemed majority leader just criticized the Senate on their lack
of passing appropriations bills. Speaker Pelosi has often said, ``Show
me your budget, and I will show you your values.''
It is alarming to me the Speaker abandoning her responsibilities
outlined in the Congressional Budget Act for the third year in a row.
This majority and their leadership do not care about American
taxpayers, and they don't care about the fiscal health of this country.
When I came to Congress at the end of 2018, our national debt was $19
trillion. In just 2\1/2\ years, we are quickly approaching $30
trillion. Our debt has grown some 58 percent. Meanwhile, our economic
growth has been somewhere around 2 percent.
In the past 12 months, our country has been devastated by COVID-19,
both physically, mentally, and financially. With millions of Americans
losing their jobs, businesses, or both, they turned to the Federal
Government for help.
Since last year, Congress has spent $13.3 trillion of American
taxpayers' money on government COVID relief programs. To date only $8.7
trillion of those funds have been spent, leaving us with $4.6 trillion
of the American people's money in government bonds.
Pelosi and Biden are spending money as fast as they can without any
oversight into the effectiveness of what has already been appropriated.
From day one of the Biden administration, President Biden and Vice
President Harris have shown nothing but contempt for the American
taxpayer, choosing to increase spending, increase taxes, and destroy
jobs across the country. All they have to show for it is rampant
inflation and continued unemployment.
What we are looking at today is a drastic expansion of Federal
spending across the board. My colleagues across the aisle are throwing
money at every Federal department and agency except for the defense of
our people, of course.
Flagrant overspending is on the menu today. The Department of Energy
will be increased by 7.6 percent; the Department of Interior's budget
is expected to expand by some 19 percent; the Department of Labor by
17.6 percent, with $4.2 billion to bolster Biden's unemployment
programs, preventing people from returning to work.
HHS is getting a 23 percent expansion, including $110 million to
research the impacts of climate change and $400 million in Title X
funding, which Planned Parenthood is now eligible for since Democrats
are eliminating the Hyde amendment. The Department of Education will
receive a staggering 40 percent increase in funding, and it just gets
worse from there.
Every penny they spend comes at the cost of the American taxpayers.
When Oklahomans lose their jobs, Democrats will be to blame. When
American job creation and wage growth halts, Democrats will be to
blame.
That is why today I am offering amendments to each division of this
package to do one simple thing: cut spending by 20 percent.
Speaker Pelosi doesn't want fiscal accountability, which is why she
piled all these amendments into an en bloc, to ensure none of them
pass.
Congress has spent recklessly this past year, and the American people
are sick of it.
I want to thank my colleagues who have talked about these amendments,
who have joined me in these amendments, who are wanting to speak today,
and I urge adoption of this en bloc to rein in Democrats' reckless
spending and ensure a fiscally secure future for generations of
Americans to come.
Ms. DeLAURO. Madam Speaker, I yield myself such time as I may
consume.
While I have offered this en bloc amendment for the purposes of
legislative efficiency, I strongly oppose it.
The amendment would cut funding for important programs and services
that provide opportunities for working families. The simultaneous
public health and economic crises of the last 18 months have
demonstrated, once again, that these programs are underfunded. They
fail to meet the existing needs across the country.
A few examples. This amendment would cut Head Start by $2.4 billion.
That leads to tens of thousands of children losing access to high-
quality early learning programs.
It cuts the Child Care and Development Block Grant by $1.5 billion,
at a time when parents want to return to work, but there is no one
available to care for their children.
It cuts the Low Income Home Energy Assistance Program. It is a
bipartisan priority, but it cuts it by $780 million.
It cuts senior nutrition, including Meals on Wheels, resulting in 25
million fewer home-delivered or prepackaged meals for low-income
seniors.
It cuts biomedical research at the National Institutes of Health. It
is a reduction of 10,000 new grants for potentially lifesaving
research.
It cuts $2 billion from mental health and substance use disorder. CDC
data shows that 93,000 deaths in 2020 were related to drug overdoses,
the highest number ever.
It cuts title I funding for low-income public schools, reducing
needed resources for 25 million low-income students.
It cuts special education grants to States by more than $3 billion.
It reduces support for services for 7.6 million students with
disabilities.
It cuts Federal financial aid programs--the Pell grants, the FSEOG
program, and work study--by $5.4 billion for students and families in
need.
It cuts funding for job training programs, resulting in fewer
supports for Americans who are seeking better economic opportunities
for themselves and their families.
I urge my colleagues to oppose the amendment, and I reserve the
balance of my time.
Mr. WOMACK. Madam Speaker, I yield 2 minutes to the gentleman from
Nebraska (Mr. Fortenberry), the ranking member on the Subcommittee on
Agriculture, Rural Development, Food and Drug Administration, and
Related Agencies.
Mr. FORTENBERRY. Madam Speaker, there is another issue that I am
compelled to speak about regarding spending here. It is called the Hyde
amendment.
The Hyde amendment prevents taxpayer money for abortion, and this has
remained a bipartisan compact in this institution for decades. Before
now, little in Washington has been this stable or stabilizing, with the
American people in clear agreement. Nearly 60 percent of Americans
agree that taxpayer money should not be used for abortion. Now it is
gone.
When you look at the statistic regarding exporting abortion overseas,
which we will potentially do if all of this passes, the percent of
American people disagreeing with that jumps to 80 percent.
That is right, we are about to export our most divisive cultural
issue, our pain, our woundedness, on to the poor of the world. Pope
Francis has called this ideological colonization. It is unfair, it is
wrong, and it smacks of arrogance and elitism.
Madam Speaker, we really are living in an age of contradiction. We
say we want inclusivity, we say we want tolerance, we say we want to be
an authentic community and protect the dignity and rights of all
persons except one group of people, the expectant mother and her unborn
child. Today we will break a near 50-year-old agreement to not use
taxpayer dollars to fund abortion here or overseas. I am heartbroken.
Ms. DeLAURO. Madam Speaker, the Hyde amendment is a discriminatory
policy. For more than 45 years, it has been routinely extended every
year as a legislative rider, but the time has come to reckon with the
status quo, a status quo that denies health to the poor, in this case,
disproportionately denying people of color health services available to
those who can afford this choice.
The inequities in our country's healthcare system have been exposed
by COVID-19. Systemic racism makes itself felt here, and it is time we
insist on equality for women, particularly women of color. However we
feel about abortion, we shouldn't deny health coverage just because
someone is working to make ends meet.
[[Page H4057]]
When Medicaid covers the cost of pregnancy-related care, including
abortion, it means someone can make a decision based on what is best
for their circumstances. Thirty-three States and the District of
Columbia deny State funding to women seeking access to abortion. As a
result, millions of economically insecure women in these States are
hostage to their geography.
I work every day to advance the respect for life and dignity for
every human being. I believe that government has a moral purpose, and I
am committed to helping the poor and the disadvantaged, reducing the
rising rates of poverty, taking seriously the decision to go to war.
We cannot pick and choose among life issues. Increased access to
education is a life issue. The COVID-19 vaccine is a life issue. The
Affordable Care Act is a life issue. Medicaid expansion is a life
issue. Separating children from their families is a life issue. Gun
violence prevention research is a life issue. Food and nutrition
assistance, housing and homelessness assistance, supporting background
checks, addressing climate change are all life issues.
The bills today all address these issues, all of which my colleagues
on the other side of the aisle oppose. I am proud that the bill we
consider today moves us forward, ensuring access to essential
reproductive healthcare services. It protects women's health and
empowers all women by eliminating these riders which for years have
allowed certain politicians to insert themselves into a woman's most
personal care decision. The decision to get an abortion should be made
by a woman and her family in consultation with her doctor and in
accordance with her own faith. The decision should not be made by
people in this Chamber.
Madam Speaker, I reserve the balance of my time.
{time} 1645
Mr. WOMACK. Madam Speaker, I yield 2 minutes to the gentlewoman from
North Carolina (Ms. Foxx), who is all the way from Grandfather
Mountain, North Carolina, the ranking member on the Education and Labor
Committee.
Ms. FOXX. Madam Speaker, I thank the gentleman for yielding.
Madam Speaker, this funding bill insults the intelligence of every
American. Democrats think they can trick the American people into
supporting far-left initiatives if they propose enough special interest
spending funded by hardworking U.S. taxpayers. But we are not so easily
duped.
This bloated behemoth of a bill fritters away our children's future
on duplicative, unnecessary, and unconstitutional programs. The
legislation emboldens overzealous Federal bureaucrats to hound
businesses struggling to recover from the pandemic with excessive
Department of Labor enforcement actions.
Tucked away in the legislation's fine print is a scheme to rig union
elections and undermine the rights of workers. The funding package also
strips resources from public school students, eliminates educational
options for vulnerable children, gives taxpayer dollars to illegal
immigrants, and limits opportunities for our brave veterans.
As senior Republican leader of the Education and Labor Committee, I
reject this radical bill.
Ms. DeLAURO. Madam Speaker, I yield 2 minutes to the gentlewoman from
Minnesota (Ms. McCollum), the chair of the Subcommittee on Defense.
Ms. McCOLLUM. Madam Speaker, I rise in opposition to the en bloc
amendments. These across-the-board 20 percent cuts undermine our
historic investments in education, agriculture, housing,
transportation, broadband, and many other priorities for American
families and constituents.
I want to thank Chair DeLauro and my fellow cardinals, as well as our
dedicated committee staff, for their work in crafting a funding package
that will keep our Nation healthy and competitive.
As vice chair of the Subcommittee on Interior, Environment, and
Related Agencies, I offer Chair Pingree my congratulations on an
exemplary bill that protects human health and the health of our
environment. In line with longstanding bipartisan tradition, this
Interior bill provides funding to meet our Federal investments and
treaty obligations to our Native brothers and sisters and Alaska
Natives. The substantial increases in this bill are for the Bureau of
Indian Affairs, the Bureau of Indian Education, and the Indian Health
Service, and it would all be lost with this 20 percent across-the-board
cut.
This amendment would slash funding for clean water and drinking water
infrastructure, even as our Nation faces a historic drought and
contamination from PFOS and lead.
As chair of the Defense Appropriations Subcommittee, I hear from my
colleagues' concerns about national security funding, but the health
and wellness of the American people, improving our economy, and
educating our workforce are all critical components of a strong Nation,
and that is the foundation of strong national security.
Every dollar we invest on the domestic side in infrastructure, public
health, and climate change contributes to our national security. If we
truly mean to safeguard our Nation and its people, we need the
investments made in these nondefense bills as well.
Madam Speaker, I urge my colleagues to oppose these reckless across-
the-board 20 percent cuts.
Mr. WOMACK. Madam Speaker, I am pleased to yield 1 minute to the
gentlewoman from Colorado (Mrs. Boebert), a freshman from Silt,
Colorado.
Mrs. BOEBERT. Madam Speaker, I thank Mr. Womack for yielding.
Madam Speaker, I rise today frustrated and dismayed because Congress
continues to act as the Speaker's House rather than the people's House.
Debate has been silenced and bipartisan amendments have been rejected
for political reasons.
I, myself, submitted 80 amendments to this bill, and not a single one
was made in order. This includes three amendments redirecting Federal
funds from bureaucrats to fight wildfires that are burning down the
West. Forget voting on these commonsense amendments, Democrats won't
even allow debate on them.
I also filed three amendments to reallocate resources to help combat
drought in the West--all ignored and all debate was refused. How about
the amendments redirecting resources to improve veterans' mental
health? Ignored.
Do you know why the American people like Congress less than
cockroaches, root canals, and Nickelback? Because of political garbage
like this.
Speaker Pelosi has silenced my constituents and the American people
once again.
Ms. DeLAURO. Madam Speaker, I yield 2 minutes to the gentleman from
North Carolina (Mr. Price), the chairman of the Subcommittee on
Transportation, and Housing and Urban Development, and Related
Agencies.
Mr. PRICE of North Carolina. Madam Speaker, I rise to oppose this
particularly reckless amendment. Surely, we can do better in this body
than undiscriminating, mindless, across-the-board cuts. It doesn't
matter what works or what doesn't. It doesn't matter what deserves
investment or what doesn't. Just cut it all.
Look at the damage to individual initiatives including many, and I
have singled out some, that Republicans are noteworthy for having
supported at least in the past.
Think about the FAA's Contract Tower Program that has been so
important for aviation in small communities; our improvement and
certification processes for major aircraft; the NeighborWorks programs
to support expansion of affordable housing opportunities; the housing
opportunities in this bill for veterans; the supportive service for
disabled people; housing opportunities for all kinds of people in need;
critical investments in our port infrastructure. Funding in this bill
increases that by about a third, and on it goes.
This amendment would not encourage DOT or HUD to do more with less.
It would force our constituents to do less with less.
Surely, we can do better than this. This is the opposite of
responsible, discriminating legislating, and I urge defeat of this
amendment.
Mr. WOMACK. Madam Speaker, it is a great pleasure to yield 1 minute
to the gentleman from Indiana (Mr. Pence) from Columbus, Indiana, and a
respected member of the Energy and Commerce Committee.
[[Page H4058]]
Mr. PENCE. Madam Speaker, I thank my colleague for yielding.
Madam Speaker, I rise today in opposition to H.R. 4502.
Inflation, inflation, and inflation, this is the biggest thing I hear
about back in Indiana's Sixth District. Hoosiers in Indiana worry about
the consequences the Democrats' tax and spend agenda is having on their
pocketbooks.
After this week, Speaker Pelosi is recessing the House until
September, having done next to nothing to address the real issues the
American people are facing: food, energy, transportation. Hardworking
folks are already unnecessarily paying more. This Biden-flation crisis
is hitting home. Consumer prices are at a 13-year high. In just 6
months, Democratic leadership is compounding this crisis with a
completely wasteful, bloated bus.
Madam Speaker, I urge my colleagues to oppose these hyperpartisan
appropriations packages for the good of the American people.
Ms. DeLAURO. Madam Speaker, I yield 2 minutes to the gentleman from
Texas (Mr. Cuellar), a member of the Appropriations Committee.
Mr. CUELLAR. Madam Speaker, I want to thank Chairwoman DeLauro for
yielding to me, along with her staff for working on these seven bills,
along with the ranking member, Kay Granger.
Even though I know we do have some differences, I know we will also
get together toward the end of the year. Having said that, I stand in
opposition to the en bloc amendments.
I also stand in opposition to the recent Nuclear Regulatory
Commission, NRC, conduct which runs counter to Federal law. The NRC is
fighting massive opposition from elected officials, including two
Governors, a Democratic Governor from New Mexico and a Republican
Governor from Texas, and the public against the licensing of nuclear
fuel storage facilities in Texas and New Mexico.
That is why I offered and withdrew my amendment in the committee
markup, so we can work and continue working as this bill moves forward.
The NRC not only lacks the consent but is acting unilaterally despite
clear opposition in a bipartisan way. The law is very clear. Section
42, U.S. Code 10155, says that the Governor can disapprove--and again,
both Governors have disapproved. Section 42, U.S. Code 10166, notice of
disapproval, also talks about when the Governor gives the disapproval.
Again, the Republican Governor from Texas and the Democratic Governor
from New Mexico have done that.
The law is clear. They have to follow the law, and we must clarify
that NRC can only license a DOE-monitored retrievable storage facility
once consent has been given by the State and the local community.
I want to thank Chairwoman Kaptur for expressing her willingness to
work with myself and Ranking Member Kay Granger on this particular
issue that is so important to us.
I am confident that the final version of this legislation will
clearly establish the NRC consent-based licensing approval standard.
Mr. WOMACK. Madam Speaker, may I inquire how much time remains on
both sides.
The SPEAKER pro tempore. The gentleman from Arkansas has 4\3/4\
minutes remaining. The gentlewoman from Connecticut has 4\1/2\ minutes
remaining.
Mr. WOMACK. Madam Speaker, I am pleased to yield 1 minute to the
gentleman from Georgia (Mr. Allen), my friend who serves on the
Agriculture and Education and Labor Committees, from a city unlike any
other, Augusta, Georgia.
Mr. ALLEN. Madam Speaker, I thank my colleague from Arkansas for
yielding and also my colleague from Oklahoma for introducing these
commonsense amendments to rein in spending and counteract the bloated
spending package that our Democrat colleagues are ramming through this
House.
It is past time we tighten the purse strings in Washington. There is
no doubt that we are in the midst of a Biden economic crisis, thanks to
wasteful Washington spending.
Just this morning, I hosted a telephone townhall, and I asked my
constituents in Georgia's 12th Congressional District if they are
feeling the impact of Biden's inflation. Overwhelmingly, 93 percent
said they are paying more for everyday goods and they got less money
every week.
This inflation is a result of Biden's and congressional Democrats'
spending spree, and here we are, debating more irresponsible and
unrealistic spending that will do more to harm the pocketbooks of
American families.
When in the history of civilization has any Nation survived this
insane spending? It is not sustainable.
Families work hard to live within their means and manage their
household budgets, and it is a dereliction of duty as elected officials
to keep spending money we don't have.
While many American families are suffering now due to the rise in
inflation, our future generations are the ones who will eventually have
to pay the price. I urge my colleagues to support the Hern amendments
so that we can start to get our fiscal house back under control.
Ms. DeLAURO. Madam Speaker, I yield 2 minutes to the gentleman from
Maryland (Mr. Trone), a member of the Appropriations Committee.
Mr. TRONE. Madam Speaker, I rise today as a Member of the House
Appropriations Committee in opposition to this mindless amendment which
would gut the important investments this bill makes on our Nation's
physical and social infrastructure.
Our Nation faces an unprecedented housing crisis. This bill would
ensure 4.8 million people remain stably housed by increasing
investments by $8.7 billion.
Our Nation's infrastructure is falling apart. This bill provides
robust funding for highways, transit, rail, and aviation, and we must
do better for our Nation's veterans when it comes to mental health.
This bill almost doubles the funding for the Veterans Suicide
Prevention and Outreach Program and for the Veterans Crisis Line. These
investments benefit our constituents from Montgomery County to Garrett
County.
Madam Speaker, I want to thank Chair DeLauro for caring so much for
all Americans. I urge a ``no'' vote to this amendment and support the
work of the Appropriations Committee.
{time} 1700
Mr. WOMACK. Madam Speaker, I yield 2 minutes to the gentleman from
Oklahoma (Mr. Hern).
Mr. HERN. Madam Speaker, I would like to spend my 2 minutes speaking
directly to the American people.
We talk a lot in here to each other and about each other and to one
another and behind each other's back, but I want to speak to the
American people because they are the ones who need to call their
Members of Congress. You understand that when you increase budgets 30
to 40 percent, and then my amendments are a 20 percent cut, that
somehow that is destroying America? We know better.
You, as the American people, know that you have to create a budget.
Your counties create a budget. The cities create a budget. Your States
create a budget. The only place in this free United States of America
that no budget was created for the last 3 years is here in the United
States Congress.
My team on the RSC Budget Committee produced the only budget that was
floor-ready for a vote, and the Speaker chose not to put it on the
floor.
Why, you ask? Well, I am going to answer the question.
It is because the Democrats didn't want you to see what fiscal
accountability and responsibility are.
They didn't put their own budget on the floor when they had control
of the House, the Senate, and the Presidency. They could have passed a
budget without one single Republican vote. Ask your Member of Congress
why they didn't produce a budget.
Madam Speaker, I urge my colleagues to be fiscally responsible and
accountable to your money, the taxpayer's money.
Mr. WOMACK. Madam Speaker, I am prepared to close, and I reserve the
balance of my time.
Ms. DeLAURO. Madam Speaker, I yield 2 minutes to the gentleman from
Rhode Island (Mr. Cicilline).
Mr. CICILLINE. Madam Speaker, I rise in opposition to this amendment.
We know that decades of Federal disinvestment have failed the
American
[[Page H4059]]
people. Yet, this amendment attempts to gut the seven appropriations
bills included in this package that will deliver critical funding and
services to the American people.
Coming from a coastal State, Rhode Island's roads and bridges cannot
withstand rising sea levels and more violent storms. College students
are struggling to afford both textbooks and groceries, and thousands of
Americans do not have internet access at home.
These projects will be addressed by the historic investments in
working people and families included in this minibus, but the drastic
cuts included in this amendment will derail this progress.
This legislation will provide students receiving the maximum Pell
grant with an additional $400 next school year, establish a civilian
climate corps to promote conservation and fight the climate crisis, and
create thousands of well-paying jobs rebuilding our Nation's
infrastructure.
Notably, it will address some of the most pressing challenges facing
Rhode Islanders by providing over $9 million for nine community
projects in the State.
I thank Chairwoman DeLauro and members of the Committee on
Appropriations for the extraordinary work they have done. This is the
set of appropriations bills we can be very proud of because it is
investing in working families.
I just heard one of my Republican colleagues squawk about spending
money. This is the same group of people who voted for $1.2 trillion tax
cuts for the richest people in this country, the biggest corporations--
unpaid for--and they were all happy with that.
Madam Speaker, this is different. We are investing in working people,
in creating jobs for middle-class families, making sure of the
investments that are necessary to get people back to work. This is
something we should all be proud of. I urge everyone to defeat this
amendment and pass this bill without delay.
Madam Speaker, again, I end with deep gratitude to the extraordinary
chair of the Committee on Appropriations for putting together
appropriations bills that reflect the values of our great country.
Mr. WOMACK. Madam Speaker, may I inquire how much time is remaining
on both sides.
The SPEAKER pro tempore. The gentleman from Arkansas has 2\1/4\
minutes remaining. The gentlewoman from Connecticut has 1\1/2\ minutes
remaining.
Mr. WOMACK. Madam Speaker, I yield myself the balance of my time.
Madam Speaker, you have heard from Members of Congress from all
across our country, and there was a purpose in me identifying their
hometowns.
These are people who represent real American lives, and they are in
touch with their constituents on a daily basis, in Augusta, Georgia;
Tulsa, Oklahoma; Grandfather Mountain, North Carolina; Silt, Colorado;
Lincoln, Nebraska; Columbus, Indiana; and in my hometown of Rogers,
Arkansas. They all understand when the Federal Government is on a
spending spree because they feel it in their own pockets.
We are feeling it today with unrivaled inflation that is the result
of trillions of dollars of taxpayer money flowing into this economy.
The money that is going to the cities and counties, it was so much
money that we had to do it in two tranches. Some of it has gone out
this year, but there is so much that we have to wait until next year to
send out the remaining $185 billion or so--money that these counties
and cities didn't ask for and, in many cases, don't even need. In fact,
they are taking suggestions on how best to spend it.
Yet, here we are today, talking about a bloated discretionary bill
that is going to further burden future generations by adding to
deficits and debt.
Madam Speaker, the interest on our debt this year is going to
approach $350 billion. Let me say that again: $350 billion net interest
on the debt, which would pay for more than half of the titles that we
are debating here today of around $600 billion.
Madam Speaker, I urge support of the amendment, and I yield back the
balance of my time.
Ms. DeLAURO. Madam Speaker, this amendment would cut Head Start, cut
childcare, cut low-income home energy assistance, cut senior nutrition,
cut biomedical research, cut mental health programs, cut title I for
low-income public schools, cut special education, cut Federal financial
aid programs like Pell grants and work-study programs, and cut funding
for job training, and so much more.
Madam Speaker, I urge my colleagues to oppose this amendment, and I
yield back the balance of my time.
The SPEAKER pro tempore. Pursuant to House Resolution 555, the
previous question is ordered on the amendments en bloc offered by the
gentlewoman from Connecticut (Ms. DeLauro).
The question is on the amendments en bloc.
The question was taken; and the Speaker pro tempore announced that
the noes appeared to have it.
Mr. WOMACK. Madam Speaker, on that I demand the yeas and nays.
The SPEAKER pro tempore. Pursuant to section 3(s) of House Resolution
8, the yeas and nays are ordered.
Pursuant to clause 8 of rule XX, further proceedings on this question
are postponed.
Amendments En Bloc No. 2 Offered by Ms. DeLauro of Connecticut
Ms. DeLAURO. Madam Speaker, pursuant to House Resolution 555, I offer
amendments en bloc.
The SPEAKER pro tempore. The Clerk will designate the amendments en
bloc.
Amendments en bloc 2 consisting of amendment Nos. 1, 3, 4, 5, 9, 10,
11, 12, 13, 14, 15, 17, 18, 19, 25, 26, 30, 31, 35, 38, 40, 45, 49, 54,
63, 64, 83, 86, 88, 90, 91, 98, 99, and 100, printed in part B of House
Report 117-109, offered by Ms. DeLauro of Connecticut:
Amendment No. 1 Offered by Mr. David Scott of Georgia
Page 11, line 12, after the dollar amount, insert
``(reduced by $1,000,000) (increased by $1,000,000)''.
amendment no. 3 offered by ms. speier of california
At the end of division A (before the short title), insert
the following:
Sec. 528. None of the funds made available by this Act may
be used to implement or enforce section 106.6(h), section
106.45(b), or the definition of ``formal complaint'' in
section 106.30(a), of title 34 of the Code of Federal
Regulations as amended by the final rule entitled,
``Nondiscrimination on the Basis of Sex in Education Programs
or Activities Receiving Federal Financial Assistance''
published in the Federal Register on May 19, 2020 (85 Fed.
Reg. 30026).
amendment no. 4 offered by mr. welch of vermont
Page 87, line 22, after the dollar amount, insert
``(increased by $10,000,000)''.
Page 103, line 14, after the first dollar amount, insert
``(reduced by $13,500,000)''.
amendment no. 5 offered by mrs. axne of iowa
Page 8, line 1, after the first dollar amount, insert
``(increased by $5,000,000)''.
Page 8, line 5, after the first dollar amount, insert
``(increased by $5,000,000)''.
amendment no. 9 offered by ms. bush of missouri
Page 76, line 7, after the dollar amount, insert
``(increased by $1,000,000) (reduced by $1,000,000)''.
amendment no. 10 offered by ms. bush of missouri
Page 50, line 2, after the dollar amount insert
``(increased by $5,000,000)''.
Page 103, line 14, after the first dollar amount, insert
``(reduced by $5,000,000)''.
amendment no. 11 offered by ms. castor of florida
Page 142, line 1, after the first dollar amount, insert
``(reduced by $1,000,000)''.
Page 142, line 1, after the first dollar amount, insert
``(increased by $1,000,000)''.
amendment no. 12 offered by mr. desaulnier of california
Page 142, line 1, after the first dollar amount, insert
``(increased by $1,000,000)''.
Page 142, line 4, after the dollar amount, insert
``(increased by $1,000,000)''.
Page 157 line 25, after the first dollar amount, insert
``(reduced by $1,000,000)''.
amendment no. 13 offered by ms. escobar of texas
Page 103, line 14, after the first dollar amount, insert
``(increased by $10,000,000) (reduced by $10,000,000)''.
amendment no. 14 offered by ms. escobar of texas
Page 157, line 25, after the first dollar amount, insert
``(reduced by $1,500,000)''.
Page 158, line 17, after the dollar amount, insert
``(increased by $1,411,000)''.
amendment no. 15 offered by ms. escobar of texas
Page 137, line 13, after the dollar amount, insert
``(increased by $1,000,000)(reduced by $1,000,000)''.
[[Page H4060]]
amendment no. 17 offered by mr. gomez of california
Page 50, line 2, after the dollar amount, insert ``(reduced
by $5,000,000) (increased by $5,000,000)''.
amendment no. 18 offered by mr. gomez of california
Page 103, line 14, after the first dollar amount, insert
``(reduced by $1,000,000) (increased by $1,000,000)''.
amendment no. 19 offered by mr. gomez of california
Page 154, line 12, after the first dollar amount, insert
``(reduced by $10,000,000) (increased by $10,000,000)''.
amendment no. 25 offered by ms. jackson lee of texas
Page 66, line 22, after the dollar amount, insert
``(reduced by $10,000,000) (increased by $10,000,000)''.
amendment no. 26 offered by ms. jackson lee of texas
Page 154, line 12, after the first dollar amount, insert
``(reduced by $10,000,000) (increased by $10,000,000)''.
Amendment No. 30 Offered by Mr. Levin of Michigan
Page 33, line 9, after the dollar amount, insert ``(reduced
by $1,000,000) (increased by $1,000,000)''.
Amendment No. 31 Offered by Mr. Levin of Michigan
Page 34, line 9, after the dollar amount, insert ``(reduced
by $1,000,000) (increased by $1,000,000)''.
Amendment No. 35 Offered by Mr. Neguse of Colorado
Page 142, line 17, after the first dollar amount, insert
``(increased by $2,000,000)''.
Page 142, line 21, after the first dollar amount, insert
``(increased by $2,000,000)''.
Page 157, line 25, after the first dollar amount, insert
``(reduced by $2,000,000)''.
Amendment No. 38 Offered by Ms. Pressley of Massachusetts
Page 142, line 17, after the dollar amount, insert
``(reduced by $500,000) (increased by $500,000)''.
Amendment No. 40 Offered by Ms. Ross of North Carolina
Page 157, line 7, after the dollar amount, insert
``(reduced by $1,000,000) (increased by $1,000,000)''.
Amendment No. 45 Offered by Ms. Sherrill of New Jersey
Page 57, line 21, after the dollar amount insert
``(increased by $20,000,000) (reduced by $20,000,000)''.
Amendment No. 49 Offered by Ms. Slotkin of Michigan
Page 89, line 19, after the dollar amount, insert
``(increased by $10,000,000) (reduced by $10,000,000)''.
Amendment No. 54 Offered by Ms. Stevens of Michigan
Page 61, line 11, after the first dollar amount, insert
``(reduced by $25,000,000) (increased by $25,000,000)''.
Amendment No. 63 Offered by Ms. Escobar of Texas
Page 202, line 14, after the dollar amount, insert
``(reduced by $3,000,000)''.
Page 211, line 12, after the first dollar amount, insert
``(increased by $1,000,000)''.
Page 212, line 14, after the dollar amount, insert
``(increased by $1,000,000)''.
Amendment No. 64 Offered by Ms. Escobar of Texas
Page 198, line 11, after the first dollar amount, insert
``(increased by $64,755,000) (reduced by $64,755,000)''.
Amendment No. 83 Offered by Ms. Barragan of california
Page 356, line 4, after the dollar amount, insert
``(reduced by $1,000,000) (increased by $1,000,000)''.
Amendment No. 86 Offered by Ms. bush of missouri
Page 336, line 1, after the dollar amount, insert
``(increased by $3,000,000)''.
Page 338, line 4, after the dollar amount, insert
``(decreased by $4,000,000)''.
Amendment No. 88 Offered by Mr. Casten of illinois
Page 342, line 25, after the dollar amount, insert
``(reduced by $150,000,000) (increased by $150,000,000)''.
Amendment No. 90 Offered by Ms. escobar of texas
Page 327, line 10, after the first dollar amount, insert
``(increased by $1,500,000)''.
Page 330, line 10, after the first dollar amount, insert
``(reduced by $1,500,000)''.
Amendment No. 91 Offered by Ms. escobar of texas
Page 315, line 4, after the dollar amount, insert
``(increased by $212,000,000) (reduced by $212,000,000)''.
Amendment No. 98 Offered by Mr. mcnerney of california
Page 339, line 14, after the dollar amount, insert
``(reduced by $15,000,000) (increased by $15,000,000)''.
Amendment No. 99 Offered by Mr. mcnerney of california
Page 330, line 10, after the dollar amount, insert
``(reduced by $5,000,000) (increased by $5,000,000)''.
Amendment No. 100 Offered by Ms. Ocasio-Cortez of new york
At the end of division C (before the short title), insert
the following:
Sec. __. None of the funds made available by this Act
under the heading ``Department of Energy--Fossil Energy and
Carbon Management'' may be used for any research and
development activity other than an activity that has been
prioritized by the Secretary pursuant to section 961(a)(3) of
the Energy Policy Act of 2005 (42 U.S.C. 16291(a)(3)).
The SPEAKER pro tempore. Pursuant to House Resolution 555, the
gentlewoman from Connecticut (Ms. DeLauro) and the gentleman from
Arkansas (Mr. Womack) each will control 15 minutes.
The Chair recognizes the gentlewoman from Connecticut.
Ms. DeLAURO. Madam Speaker, I yield myself 45 seconds.
Madam Speaker, the en bloc amendment includes a number of proposals
offered by Members on both sides of the aisle. It includes amendments
offered by both Democrats and Republicans and several offered jointly
by Members of both parties on which the vast majority of this body can
agree.
Madam Speaker, I urge support for this bipartisan en bloc, and I
reserve the balance of my time.
Mr. WOMACK. Madam Speaker, I yield myself such time as I may consume,
and rise in opposition for a number of reasons, some of which we will
detail in a more articulate way here as the debate continues. But
suffice it to say that we have thrown a lot of money at the economy of
the United States of America. While I realize that part of our function
in government is to fund the discretionary programs of the U.S.
Government--and that is an important function of our Committee on
Appropriations--we have seen the other side take the opportunity to
capitalize on a real crisis moment in our country, that being the
coronavirus phenomenon.
Trillions and trillions of dollars have gone out the door, fueling
inflation and creating real problems for people at home who are
experiencing rising costs in virtually everything that a consumer would
purchase, from gasoline to groceries. You name it, those costs are
escalating.
It is not for any reason other than the fact that we have poured
trillions and trillions of dollars into the economy while at the same
time these very same policies have caused a lot of people not to work.
We have incentivized this notion that they could stay at home and made
it more lucrative than actually going to work.
The people that we are going to ask to make things, build things, and
produce things are the very people that haven't been functioning. As a
result of that, the supply chain has been weakened. So, now, because of
simple supply and demand, there are fewer products, and those products
are going higher. As I say, simple supply and demand philosophies.
But here we are today, basically adding about 20 percent across the
spectrum of these seven titles of discretionary budget. A lot of these
are very, very good programs, programs that we have all supported in
the past. But with the amount of money that has gone to the coronavirus
phenomenon, and the fact that a lot of that money has not been spent--I
think the report this week by the GAO was $1 trillion of unobligated
funds out of coronavirus. Here we are, adding insult to injury by
compounding the problem by adding more to the nondefense discretionary
side of the budget.
Now, we will reserve the argument for a little later on what we are
doing to national security by not pumping dollars into national
security against the known threats that we have around the country. But
as I said, we will save that argument for another day.
We are going to argue and continue to argue that this is spending way
too much money. The American people know that. That is why there has to
be an adult voice in the room to bring these subjects to the light of
day, and that is what our purpose will be today.
Madam Speaker, I reserve the balance of my time.
Ms. DeLAURO. Madam Speaker, I yield 1\1/2\ minutes to the gentlewoman
from California (Ms. Speier).
Ms. SPEIER. Madam Speaker, I thank my dear friend, the chair of the
Committee on Appropriations.
Madam Speaker, I rise in support of my amendment to block funding the
DeVos title IX rule.
Just imagine: You have endured the horror of campus sexual assault,
and now you are asked to relive your trauma with live hearings and
direct cross-
[[Page H4061]]
examination. You are told where you must be assaulted and how much you
must suffer before you can avail yourself of your civil rights. God
forbid you are assaulted while studying abroad or an off-campus frat
party--title IX may be closed off to you. Or you are among the one in
three survivors who drop out of college, so now your school is
forbidden from investigating the complaint.
It is cruel. It is inhumane. It undermines student safety and equal
access to education.
Madam Speaker, title IX should prevent sex discrimination, not enable
it. That is why I appreciate this amendment being taken up.
Mr. WOMACK. Madam Speaker, I yield 3 minutes to the gentleman from
California (Mr. Issa), a distinguished Member--and may I say a freshman
Member, although he is a returning Member from before--a respected
member of Committees on Foreign Affairs and the Judiciary and the
former chairman of the Committee on Oversight and Reform in the
Congress of the United States.
Mr. ISSA. Madam Speaker, I thank everyone here for giving serious
consideration to amendment No. 24 to H.R. 4502.
Madam Speaker, I speak today with my colleagues to support an
expansion that was done under the last administration that has had a
profound and positive effect on apprenticeships.
{time} 1715
The amendment would simply allow funding to be available for the
implementation of the Department of Labor's Industry-Recognized
Apprenticeship Programs, otherwise known as IRAP.
In 2017, former President Trump acted to enhance the skills and
training options for all Americans so they may compete in today's jobs.
IRAP expanded high-quality apprenticeship programs with a focus on
rapidly growing industries like healthcare and STEM-based positions.
IRAP apprenticeships were unique from the traditional government
programs in that they were designed to be more nimble and responsive to
the changing workforce that we find ourselves in today. Engaging in
learning with new programs doesn't fit the old model, and the IRAP
expansion is extremely important for the following reason. I support
the apprenticeship programs that all of us are familiar with, the
skilled trades and the like; but, in fact, today there are new skills
that are being developed in which the curriculum must be nimble and
must change.
In just 4 months of operation, the program had 131 new offerings in
the healthcare field alone.
What better time than in the middle of a pandemic would there be to
try to enhance nursing and nursing-like skills to be advanced?
This is a time in which we are critically short in these areas, and
with the return of a new variant of coronavirus we could well find
ourselves in desperate need of a quick turnaround of new apprentices.
If we permit this program to continue, it will eventually support 2
million new apprenticeships.
Madam Speaker, I urge my colleagues to look at this in the most open
and positive way, nothing could be more important today--particularly
to the healthcare community--than, in fact, to expand flexible
apprenticeships.
Mr. WOMACK. Madam Speaker, as a testament to the gentleman's
amendment, I am a proud cosponsor of that particular amendment and I am
pleased that he has offered such.
Madam Speaker, I reserve the balance of my time.
Ms. DeLAURO. Madam Speaker, I misspoke earlier. This en bloc
amendment includes a number of proposals offered by my Democratic
colleagues, and it reflects our shared values of investing in the
American people to create good paying jobs, grow opportunity, and
provide a lifeline to the vulnerable; and I urge support.
Madam Speaker, I yield 2 minutes to the gentleman from California
(Mr. McNerney).
Mr. McNERNEY. Madam Speaker, I thank the chairwoman for her hard work
on this excellent piece of legislation, the staff and Democratic
members of the committee, and all Members across the aisle for their
hard work on these very important issues.
I rise today in support of my two amendments to division B of H.R.
4502.
These two amendments draw much-needed attention to the energy-water
nexus. Energy and water development systems have become more vulnerable
as water scarcity and uncertainty have become more pronounced in the
West.
It is time for a more integrated approach to addressing challenges
and opportunities, and my amendments encourage our government agencies
to improve underlying data collection and analysis.
My first amendment encourages the Energy Information Administration
to conduct a more robust analysis and data collection of water
consumption in the commercial and residential surveys and to make the
information publicly available.
My second amendment encourages the Bureau of Reclamation to address
the energy consumption from their pumping stations to better understand
the opportunities for energy efficiencies and to reduce energy use
measures.
Better data and analysis are foundational to identifying efficiencies
in the face of climate change, especially in States where water
processing uses a large portion of the energy budget.
Madam Speaker, I urge the adoption of these amendments.
Mr. WOMACK. Madam Speaker, I reserve the balance of my time.
Ms. DeLAURO. Madam Speaker, I yield 1\1/2\ minutes to the gentlewoman
from Florida (Ms. Castor).
Ms. CASTOR of Florida. Madam Speaker, I thank the gentlewoman for
yielding.
Madam Speaker, I rise in support of the Castor amendment.
America's public schools, colleges, and universities are the engines
of economic opportunity, and our funding package provides historic
investments in students and schools at a time when they need it,
especially in Florida where the Governor and legislature are
intentionally undercutting our public school students and local
control.
Florida, the third largest State in the country, ranks 45th in per
pupil funding, and it diverts an enormous amount of public money to
for-profit charter schools that are not accountable and often fail to
provide the full range of educational services required by law like
those for special needs and disabled students.
When my local school board in Hillsborough County recently questioned
the quality of education provided by certain for-profit charters, the
State Commissioner of Education threatened to withhold money from
students and schools--the fifth largest district in the entire country.
Many for-profit charter corporations need oversight by the U.S.
Department of Education especially in Florida where they skirt civil
rights laws and they weaken our traditional public schools.
So I thank my colleagues on the Appropriations Committee for the
oversight measures included in this bill that will help ensure that
every child has an opportunity to learn and succeed, especially the
students in Florida who deserve better.
Madam Speaker, I urge adoption of my amendment.
Mr. WOMACK. Madam Speaker, I yield 2 minutes to the gentleman from
Virginia (Mr. Good), who is a member of the Budget and Education and
Labor Committees.
Mr. GOOD of Virginia. Madam Speaker, I rise in support of my three
amendments to GOP en bloc 1.
My first two amendments would cut wasteful spending in the SNAP
contingency fund which functions as a bureaucratic slush fund for the
Department of Agriculture. Though its purported use is for emergencies,
the funds sit unused in an agency account just waiting for the
Democrats or career bureaucrats to come along and direct it at their
will.
My amendments would strike the funding for $3 billion directed toward
this fund in the bill and rescind all of the money currently in the
fund, effectively abolishing the slush fund from being piled up by the
majority. Congress should not have to play whack-a-mole with slush
funds for the other side.
My final amendment would simply strike the provision in this bill
prohibiting any limitation on Federal telework or union activity on
official Federal time and in Federal office
[[Page H4062]]
space. This House is about to vote to require American taxpayers to
continue to pay for bureaucrats to phone it in from home and perform
union activities while on the taxpayer dime.
In short, Congress is subsidizing bad service to the taxpayers.
Remote work has created a backlog of over 2 million passport
applications. I expect that everybody in this body is hearing from
their constituents, as I am, about the backlog for passport
applications. If someone needs a passport sooner than 4 to 5 months
now, their only option is to pay an additional fee to expedite the
process to 12 weeks. That is the expedited timeframe, 12 weeks with an
extra fee.
The House is now debating a government funding bill that prevents the
ability of Federal managers to end telework and require that union
activities be performed outside of Federal time and away from Federal
office space. We must stop rewarding workers for not showing up for
work.
Without my amendment, this bill is nothing more than an abuse of the
American taxpayer.
Madam Speaker, I urge my colleagues to support these amendments.
Ms. DeLAURO. Madam Speaker, I yield 1\1/2\ minutes to the gentlewoman
from Texas (Ms. Escobar).
Ms. ESCOBAR. Madam Speaker, I am so grateful to the appropriators for
including seven funding priorities for my district, El Paso, Texas, in
the base bills, including funding for health technology upgrades,
police body cameras, drinking water and wastewater infrastructure, and
much more.
Each year I work to bring El Paso's voice to the table, and my
amendments focus on our priorities.
These amendments include increased funding for the Office of Civil
Rights at the Department of Education to support economically
disadvantaged communities; emphasizing the need for a binational COVID-
19 vaccination plan; funding for water reuse programs in communities
experiencing drought conditions; and several amendments directing
funding towards communities like El Paso, so we aren't left behind in
the fight against the climate crisis; and so much more.
Lastly, we have witnessed congressionally appropriated funding being
irresponsibly diverted by Governors in States like mine, so I am happy
to see all subcommittees under this bill include my congressional
intent amendment expressing a strong urgency to ensure that States can
no longer do this.
Mr. WOMACK. Madam Speaker, I reserve the balance of my time.
Ms. DeLAURO. Madam Speaker, I yield 1\1/2\ minutes to the gentlewoman
from Texas (Ms. Jackson Lee).
Ms. JACKSON LEE. Madam Speaker, I thank the gentlewoman from
Connecticut. As I would want her to know, I am ecstatic about the great
leadership of her chairwomanship as well as all the Cardinals who have
worked, and I thank my colleagues on the other side of the aisle, many
of whom really know that this is a very, very fine response to the
needs of the American people.
Might I just say to the chair of the Appropriations Committee, just
very quickly, that I was here for the Hyde amendment. I was on the
Judiciary Committee. I think my colleagues need to understand that for
all the years of the Hyde committee, women who were poor, who were
Medicaid recipients, many of them might have died in childbirth and
might have had other important emergency health issues because they
were subjected to decisions that they did not make for themselves. In
that instance, we have discriminated against women just because of
their poverty.
Again, abortion is that of the woman, her faith, and her family. I
believe this eliminating of the Hyde amendment is finally saying to all
women in America that we respect you and your bodies.
I am very grateful for the support of an amendment that recognizes
the crisis of diabetes and the need for research professionals and
patients participating in clinical trials. Diversity in medical trials
is essential to ensuring that cures, especially vaccines and therapies,
work for the greatest number of persons. So my amendment decreases and
increases the amount for $10 million to emphasize and get more emphasis
to develop that diversity pool in research professionals and patients
participating in trials.
The SPEAKER pro tempore (Ms. Scanlon). The time of the gentlewoman
has expired.
Ms. DeLAURO. Madam Speaker, I yield the gentlewoman from Texas an
additional 30 seconds.
Ms. JACKSON LEE. Diabetes impacts all social, economic, and ethnic
backgrounds, particularly African Americans. I meet many people in my
constituency who have had an amputation because they were not able to
receive medical care.
Finally, I have an amendment that increases and decreases funds $10
million with the intent of supporting individuals who might not finish
college because of the impact of COVID. COVID is now resurging but the
delta variant is surging. People are being hospitalized, the
unvaccinated.
I make a national plea for people to be vaccinated.
As well it is impacting young people. That means that we need to
focus on young people getting vaccinated. They are in college. We don't
know, if they are not vaccinated, how it will impact their education
and their future life.
So this is to provide the targeting programs to reach out to young
people to tell them: One, get vaccinated. But to give them a bridge so
that their education will not be interrupted, that they will never go
back again, and that they will not suffer economically.
Madam Speaker, I appreciate my amendments being brought to the floor.
I thank the leadership and as well I thank leadership for all the
community projects that are helping the impoverished in my district.
Madam Speaker, I rise in support of En Bloc Amendment No. 2 to Rules
Committee Print 117-12, which incorporates Jackson Lee Amendments Nos.
25 and 26.
I thank the Rules Committee for making these amendments in order and
Agriculture Appropriations Subcommittee Chair DeLauro for including
them in this En Bloc Amendment.
Division A--Departments of Labor, Health and Human Services, and
Education, and Related Agencies
Jackson Lee Amendment #25, increases and decreases funds by
$10,000,000 increase in funding to support greater diversity in the
pool of diabetes research professionals and patients participating in
clinical trials.
Diversity in medical trials is essential to ensuring that cures,
especially vaccines, and therapies, work for the greatest number of
persons impacted by an illness.
34.2 million people, or 10.5 percent of the U.S. population, have
diabetes. An estimated 26.8 million people--or 10.2 percent of the
population--have been diagnosed with diabetes.
Approximately 7.3 million people have diabetes but have not yet been
diagnosed (2018).
Diabetes impacts all social, economic, and ethnic backgrounds,
particularly African Americans.
Type 1 diabetes accounts for about 5.2 percent of all diagnosed cases
of diabetes, affecting approximately 1.6 million people.
Jackson Lee Amendment #26 increases and decreases funds by
$10,000,000 with the intent of supporting programs that provide
outreach and support services targeting program participants at
greatest risk of not completing a college degree due to COVID-19
education disruption.
I urge all Members to vote En Bloc Amendment #2.
Mr. WOMACK. I reserve the balance of my time, Madam Speaker.
Ms. DeLAURO. Madam Speaker, I yield 1\1/2\ minutes to the gentlewoman
from North Carolina (Ms. Manning).
Ms. MANNING. Madam Speaker, I rise in strong support of H.R. 4502.
This appropriations minibus makes historic critical investments in
North Carolina's Sixth District and in all of our communities.
This bill invests in new jobs and the future of our workforce with
$11.6 billion for the Employment and Training Administration at the
Department of Labor.
It creates greater opportunities for students to succeed with
increased funding for title 1 grants, HBCUs, and primarily minority-
serving colleges and universities, and an increase in Pell grants.
It provides much-needed funding for the health, equity, safety, and
well-being of our communities with funds for public health
infrastructure, maternal and child health, and mental health. It also
takes long overdue action to defend health and reproductive rights by
repealing the discriminatory Hyde and Weldon amendments.
[[Page H4063]]
Madam Speaker, I urge my colleagues to vote in favor of this bill to
support the needs of families and communities across the country.
{time} 1730
Mr. WOMACK. Madam Speaker, I reserve the balance of my time.
Ms. DeLAURO. Madam Speaker, I yield 1\1/2\ minutes to the gentlewoman
from Massachusetts (Ms. Pressley).
Ms. PRESSLEY. Madam Speaker, long before COVID-19, the education of
our most vulnerable students, particularly Black and Brown girls and
students with disabilities, had been disrupted by discriminatory and
harsh discipline practices.
As early as preschool, discriminatory policies and practices push
them out of the classroom. This push-out crisis and its
disproportionate impact on our girls continued even as the pandemic hit
and schools went remote.
Last year, we learned the story of Grace, a 15-year-old Black student
who was sent to juvenile detention for not completing her online
coursework. At a time where our children needed to be kept safe in a
volatile crisis, Grace was dehumanized and taken away from her family
and her health put at risk.
Advocates across the Nation, including my colleagues and I, rallied
to call for Grace's release. We were so grateful she safely made her
way home to her mother, but her experience is far too common.
My amendment underscores the need for the GAO to study the prevalence
of these practices during remote learning periods and provide
recommendations on how we can work to urgently address this crisis.
Our young people deserve nurturing, learning environments that
support their healing and well-being.
Madam Speaker, I urge my colleagues to support this amendment.
Mr. WOMACK. Madam Speaker, I reserve the balance of my time.
Ms. DeLAURO. Madam Speaker, I yield 1\1/2\ minutes to the gentlewoman
from New Jersey (Ms. Sherrill).
Ms. SHERRILL. Madam Speaker, almost 20 years ago our country began
sending brave servicemembers on deployment after deployment during the
global war on terror. Around the world, they faced dangers not just
from the enemy, but also from the circumstances of their service.
Too many of those who served in areas of toxic exposure now bear
life-long illness in exchange for the security they provided to all of
us.
And too many of those who faced the traumas of combat or sexual
assault, now bear unseen and often debilitating burdens on their mental
health.
This is why I introduced two amendments to this bill. The first
directs $1 million to Burn Pits Centers of Excellence, one of which is
located in East Orange, New Jersey, for critical research.
The second directs $10 million to expand vet center counseling
services to additional locations, including in my district where a new
vet center is badly needed.
Our veterans deserve the best treatment available, whether their
injuries are physical or mental. We owe it to them to support this
funding.
Mr. WOMACK. Madam Speaker, I yield 2 minutes to the gentleman from
California (Mr. Valadao).
Mr. VALADAO. Madam Speaker, I rise today to speak in favor of my
amendment No. 64 to division B.
This amendment highlights the need to replenish the agriculture
disaster assistance account of USDA's Wildfire and Hurricane Indemnity
Program Plus. This funding would cover agricultural producers' losses
in 2020 and 2021 due to natural disasters.
Some of the other types of natural disasters this program funding
helps includes droughts, derechos, floods, extreme freezes, high winds,
hurricanes, snowstorms, tornados, typhoons, volcanic activity, and
wildfires. One of the most pertinent disasters this program addresses
is extreme drought.
It is no secret that the American West, including my district in the
Central Valley in California, is currently suffering from a
devastating, historic drought. One of the main purposes of the Central
Valley Project system is to provide water to users during years of
extreme drought.
We are in year one of an extreme drought, and wells are going
extremely dry and farmland is being fallowed at an alarming rate. This
is completely unacceptable. While we continue to work to prevent this
from happening again in the future, we also need to figure out a way to
help those who are unnecessarily suffering from the drought
immediately.
My constituents and the constituents of many of my colleagues here
today are in an emergency and need this funding to be included in the
fiscal year 2022 package.
Ms. DeLAURO. Madam Speaker, I reserve the balance of my time.
Mr. WOMACK. Madam Speaker, I yield 2 minutes to the gentleman from
Pennsylvania (Mr. Perry), my friend from Dillsburg, Pennsylvania, a
general, who is a very respected member of the Foreign Affairs and
Transportation and Infrastructure Committees.
Mr. PERRY. Madam Speaker, I thank the good gentleman, Mr. Womack, for
this opportunity to speak.
Madam Speaker, I have three amendments to this legislation. Amendment
No. 180, this amendment strikes a provision allowing the HHS Secretary
to use $7.8 million to hire and purchase electric vehicles and electric
vehicle charging stations.
If bureaucrats at HHS want to own their own $80,000-plus Tesla, that
is great, they should purchase it. But they shouldn't require the
taxpayers to pay for that kind of thing. They could do the work that
they need to do without an electric vehicle.
Amendment 121 strikes EVs from the GSA. Here again, the GSA want to
purchase these vehicles with your money. Look, if they want do that on
their own, that is fine. If you consider the post office, these
vehicles are oftentimes heavier than your regular vehicle, but the post
office has 200,000 of these vehicles and that is what they want to
purchase with them.
And just keep in mind that these vehicles don't pay into the Highway
Trust Fund, so they are heavier, more maintenance, but not paying
anything.
Finally, amendment 124, which strikes the exemption for green vehicle
purchases. The underlying text sets the limit at about $20,000. So if
we are going to purchase a vehicle, that is great, you need to do your
work. If you are working for government, you get $20,000 for a vehicle
to do it. You don't need to ride in some kind of special luxury. But
they set an exemption for these vehicles, because they want to buy an
$80,000 vehicle and exempt the $20,000 that the rest of us have to deal
with in the public.
So this amendment would just say, no, we are not going to make the
exemption. You are going to spend the $20,000 on the best vehicle for
the taxpayer and for the government. If it is an electric vehicle, so
be it; if it is not, so be it. The market should dictate and the market
can dictate.
The government shouldn't be picking winners and losers and forcing us
taxpayers to pay for exorbitant electric vehicles because my friends on
the left think that is the way to go.
Ms. DeLAURO. Madam Speaker, I yield 1\1/2\ minutes to the gentlewoman
from Missouri (Ms. Bush).
Ms. BUSH. Madam Speaker, St. Louis and I rise today in support of our
amendments to H.R. 4502.
Our first amendment provides $5 million more to support healthcare
services, COVID-19 testing and vaccines, behavioral health services,
and preventative care for our unhoused communities. As a nurse and
someone who has been unhoused, I have both lived and witnessed the
traumatic realities of inaccessible healthcare. This funding will save
lives.
My second amendment reduces funding for fossil energy and carbon
management by $4 million and adds $3 million for energy efficiency and
renewable energy. Environmental justice leaders are demanding that we
stop subsidizing supposedly advanced technologies that keep fossil
fuels burning in our communities, and build public renewable energy
instead.
Our third amendment supports $100 million in a new pilot funding for
mental health crisis response by directing the GAO to study health-
based, nonpunative, and noncarceral approaches to public safety.
Mr. WOMACK. Madam Speaker, I yield 2 minutes to the gentleman from
New Jersey (Mr. Smith).
Mr. SMITH of New Jersey. Madam Speaker, I have three amendments that
I am asking our colleagues to support. They are bipartisan amendments.
[[Page H4064]]
The first is a redirection of $3 million to the Centers for Disease
Control for Lyme disease. I would point out to my colleagues that I
have been working on Lyme disease issues since 1992, and we tried very
hard for years to get a federal working group up and running. And in
2016, we did it.
The Health and Human Services Tick-Borne Disease Working Group found
that there are about 300,000 new cases of Lyme every year. The higher
estimate or guesstimate is 476,000 cases each year. It is exploding all
over this country, particularly in the northeast where the chair,
obviously, comes from, as do I. It is highly endemic in New Jersey.
This additional money brings the total to $24 million for CDC to work
on issues related to Lyme.
Amendment 51, the second amendment, has do with LymeX. It provides $5
million, through give and take, and underscores that we really believe
the LymeX Innovation Accelerator will help find new diagnostics,
research, and treatments.
What the working group found and then what an NIH document produced
by Secretary Azar, and others, found, was that we really don't have a
diagnostic that works. We don't have a Lyme testing capability that is
reliable and affordable.
And, finally, years ago I founded, along with my good friend and
colleague, Mike Doyle, the Autism Caucus. We have been leading it for
over 20 years. We have done a number of bills, including the Autism
CARES Act, that have become law. Amendment 52 would provide $10 million
to help the CDC's developmental disabilities account to expand the
Autism Developmental Disability Monitoring Network, or ADDM, and at
least nine new sites could be established.
The SPEAKER pro tempore. The time of the gentleman has expired.
Mr. WOMACK. Madam Speaker, I yield an additional 30 seconds to the
gentleman from New Jersey (Mr. Smith).
Mr. SMITH of New Jersey. Madam Speaker, the ADDM network has been
incredible in tracking children and young people to help us understand
the prevalence. You can't combat something if there is no solid data.
This ADDM network has been a tremendous asset. This amendment would
expand it. So I thank my friend for yielding and I thank the committee
chair for her support. I thank the Rules Committee for having made the
amendments in order. It will make a difference.
Ms. DeLAURO. Madam Speaker, I reserve the balance of my time.
Mr. WOMACK. Madam Speaker, I yield myself such time as I may consume.
Madam Speaker, I will just take the remaining few seconds of my time
just to say this. As an appropriator, I am not a big fan of how all of
this is being choreographed and structured, but I also recognize that
time is not on our side. People witnessing this event, probably are not
real sure what these en blocs are all about, but it is a simple way to
save a little bit of time.
Frankly, I think we ought to get back to regular order, where we can
have a full-throated debate, an open rule, if you will, and just talk
about each one of these very important issues one by one, and truly
represent the will of the American people. That is what the Congress is
here for. It was what it was built for.
However, I do recognize that given the political circumstances we are
in today, and the fact that we don't have a lot of time, that this is
what we are left with.
Madam Speaker, I urge a ``no'' vote on the en bloc and I yield back
the balance of my time.
Ms. DeLAURO. Madam Speaker, I urge my colleagues to support the en
bloc, and I yield back the balance of my time.
The SPEAKER pro tempore. Pursuant to House Resolution 555, the
previous question is ordered on the amendments en bloc offered by the
gentlewoman from Connecticut (Ms. DeLauro).
The question is on the amendments en bloc.
The question was taken; and the Speaker pro tempore announced that
the ayes appeared to have it.
Mr. WOMACK. Madam Speaker, on that I demand the yeas and nays.
The SPEAKER pro tempore. Pursuant to section 3(s) of House Resolution
8, the yeas and nays are ordered.
Pursuant to clause 8 of rule XX, further proceedings on this question
are postponed.
Amendments En Bloc No. 3 Offered by Ms. DeLauro of Connecticut
Ms. DeLAURO. Pursuant to House Resolution 555, I offer amendments en
bloc.
The SPEAKER pro tempore. The Clerk will designate the amendments en
bloc.
Amendments en bloc No. 3 consisting of amendment Nos. 2, 6, 7, 8, 20,
21, 27, 32, 33, 34, 39, 41, 42, 43, 44, 46, 47, 48, 50, 51, 52, 53, 56,
57, 58, 59, 61, 62, 68, 69, 70, 71, 72, 73, 74, 75, 76, 77, 78, 79, 81,
82, 84, 87, 92, 93, 96, 97, 101, 102, 103, 104, 105, 106, 107, 108, and
109, printed in part B of House Report 117-109, offered by Ms. DeLauro
of Connecticut:
Amendment No. 2 Offered by Ms. Spanberger of Virginia
Page 55, line 11, after the first dollar amount, insert
``(increased by $1,000,000) (reduced by $1,000,000)''.
Amendment No. 6 Offered by Mr. Buchanan of Florida
Page 78, line 20, after the first dollar amount, insert
``(increased by $2,000,000)''.
Page 103, line 14, after the first dollar amount, insert
``(reduced by $2,000,000)''.
Amendment No. 7 Offered by Mr. Burgess of Texas
Page 71, line 8, after the dollar amount insert ``(reduced
by $10,000,000) (increased by $10,000,000)''.
Amendment No. 8 Offered by Mr. Burgess of Texas
At the end of the division A (before the short title),
insert the following:
Sec. __. For ``Health Resources and Services
Administration--Rural Health'' for implementing section 330N
of the Public Health Service Act (42 U.S.C. 254c-20), there
is hereby appropriated, and the amount otherwise provided by
this Act for ``Health Resources and Services Administration--
Program Management'' is hereby reduced by, $5,000,000.
Amendment No. 20 Offered by Mr. Gottheimer of New Jersey
Page 61, line 7, after the dollar amount, insert
``(increased by $1,000,000) (reduced by $1,000,000)''.
Amendment No. 21 Offered by Mr. Gottheimer of New Jersey
Page 76, line 7, after the first dollar amount, insert
``(reduced by $1,000,000) (increased by $1,000,000)''.
Amendment No. 27 Offered by Mr. Langevin of Rhode Island
Page 92, line 22, after the first dollar amount, insert
``(increased by $3,900,000)''.
Page 103, line 14, after the first dollar amount, insert
``(reduced by $3,900,000)''.
Amendment No. 32 Offered by Mr. Lynch of Massachusetts
Page 50, line 2, after the dollar amount, insert
``(increased by $2,000,000)''.
Page 103, line 14, after the first dollar amount, insert
``(reduced by $2,000,000)''.
Amendment No. 33 Offered by Mr. McKinley of West Virginia
Page 80, line 23, after the dollar amount, insert
``(increased by $2,500,000)''.
Page 103, line 14, after the first dollar amount, insert
``(reduced by $2,500,000)''.
Amendment No. 34 Offered by Mrs. Miller of West Virginia
Page 60, line 23, after the dollar amount, insert
``(increased by $1,000,000)''.
Page 103, line 14, after the first dollar amount, insert
``(reduced by $1,000,000)''.
AMENDMENT NO. 39 OFFERED BY MISS RICE OF NEW YORK
Page 59, line 22, after the dollar amount, insert
``(reduced by $3,000,000) (increased by $3,000,000)''.
Amendment No. 41 OFFERED BY MR. SCHWEIKERT OF ARIZONA
Page 103, line 14, after the first dollar amount, insert
``(reduced by $1,000,000)''.
Page 66, line 22, after the dollar amount, insert
``(increased by $1,000,000)''.
AMENDMENT NO. 42 OFFERED BY MR. SCHWEIKERT OF ARIZONA
Page 59, line 22, after the dollar amount, insert
``(increased by $2,000,000)''.
Page 103, line 14, after the first dollar amount, insert
``(reduced by $2,000,000)''.
AMENDMENT NO. 43 OFFERED BY MR. SCHWEIKERT OF ARIZONA
Page 81, line 10, after the dollar amount, insert
``(reduced by $1,000,000) (increased by $1,000,000)''
AMENDMENT NO. 44 OFFERED BY MR. SCHWEIKERT OF ARIZONA
Page 86, line 3, after the dollar amount, insert ``(reduced
by $1,000,000) (increased by $1,000,000)''.
AMENDMENT NO. 46 OFFERED BY MS. SHERRILL OF NEW JERSEY
Page 50, line 19, after the dollar amount, insert
``(reduced by $20,000,000) (increased by $20,000,000)''.
AMENDMENT NO. 47 OFFERED BY MS. SLOTKIN OF MICHIGAN
Page 5, line 11, after the dollar amount, insert
``(increased by $1,000,000)''.
Page 6, line 14, after the dollar amount, insert
``(increased by $1,000,000)''.
Page 11, line 12, after the first dollar amount, insert
``(increased by $1,000,000)''.
[[Page H4065]]
Page 23, line 7, after the first dollar amount, insert
``(reduced by $1,000,000)''.
AMENDMENT NO. 48 OFFERED BY MS. SLOTKIN OF MICHIGAN
Page 108, line 11, after the dollar amount, insert
``(increased by $10,000,000) (reduced by $10,000,000)''.
AMENDMENT NO. 50 OFFERED BY MR. SMITH OF NEW JERSEY
Page 59, line 22, after the dollar amount, insert
``(increased by $3,000,000)''.
Page 64, line 13, after the dollar amount, insert
``(reduced by $3,000,000)''.
AMENDMENT NO. 51 OFFERED BY MR. SMITH OF NEW JERSEY
Page 103, line 14, after the first dollar amount, insert
``(reduced by $5,000,000)''.
Page 103, line 14, after the first dollar amount, insert
``(increased by $5,000,000)''.
Amendment No. 52 Offered by Mr. Smith of New Jersey
Page 60, line 23, after the first dollar amount, insert
``(increased by $10,000,000)''.
Page 103, line 14, after the first dollar amount, insert
``(reduced by $10,000,000)''.
Amendment No. 53 Offered by Ms. Spanberger of Virginia
Page 55, line 19, after the dollar amount, insert
``(increased by $5,000,000) (reduced by $5,000,000)''.
Amendment No. 56 Offered by Ms. Wild of Pennsylvania
Page 66, line 4, after the dollar amount, insert
``(increased by $2,000,000)''.
Page 103, line 14, after the first dollar amount, insert
``(reduced by $2,000,000)''.
Amendment No. 57 Offered by Ms. Adams of North Carolina
Page 202, line 14, after the dollar amount, insert
``(reduced by $2,500,000)''.
Page 226, line 19, after the dollar amount, insert
``(increased by $542,000)''.
Page 227, line 6, after the dollar amount, insert
``(increased by $542,000)''.
Amendment No. 58 Offered by Mr. Baird of Indiana
Page 198, line 11, after the first dollar amount, insert
``(reduced by $5,000,000)''.
Page 198, line 23, after the dollar amount, insert
``(reduced by $3,000,000)''.
Page 199, line 13, after the dollar amount, insert
``(reduced by $2,000,000)''.
Page 263, line 24, after the dollar amount, insert
``(increased by $5,000,000)''.
Page 266, line 8, after the dollar amount, insert
``(increased by $5,000,000)''.
Amendment No. 59 Offered by Mr. Bost of Illinois
Page 198, line 11, after the first dollar amount, insert
``(reduced by $2,500,000)''.
Page 198, line 23, after the first dollar amount, insert
``(reduced by $2,500,000)''.
Page 297, line 6, after the first dollar amount, insert
``(increased by $2,500,000)''.
Amendment No. 61 Offered by Mr. Danny K. Davis of Illinois
Page 202, line 14, after the dollar amount, insert
``(reduced by $3,000,000)''.
Page 208, line 1, after the dollar amount, insert
``(increased by $2,000,000)''.
Amendment No. 62 Offered by Mr. Rodney Davis of Illinois
Page 252, beginning on line 8, strike ``ten megabytes per
second downstream and one megabyte per second upstream'' and
insert ``twenty-five megabytes per second downstream and
three megabytes per second upstream''.
Amendment No. 68 Offered by MS. JACKSON LEE OF TEXAS
At the end of division B, before the short title, insert
the following:
Sec. __. None of the funds made available by this Act
under the heading ``DOMESTIC FOOD PROGRAMS--Food and
Nutrition Service--Supplemental Nutrition Assistance
Program'' may be used in contravention of section 107(b) of
division A of the Victims of Trafficking and Violence
Protection Act of 2000 (114 Stat. 1475; 22 U.S.C. 7105(b)).
Amendment No. 69 Offered by Mr. Kind of Wisconsin
Page 202, line 14, after the dollar amount, insert
``(reduced by $5,000,000)''.
Page 246, line 8, after the dollar amount, insert
``(increased by $5,000,000)''.
Amendment No. 70 Offered by Ms. Kuster of New Hampshire
Page 202, line 14, after the dollar amount, insert
``(reduced by $500,000)''.
Page 243, line 20, after the dollar amount, insert
``(increased by $500,000)''.
Page 243, line 21, after the dollar amount, insert
``(increased by $500,000)''.
Amendment No. 71 Offered by Ms. Moore of Wisconsin
Page 202, line 14, after the dollar amount, insert
``(reduced by $2,000,000)''.
Page 302, line 16, after the dollar amount, insert
``(increased by $2,000,000)''.
Amendment No. 72 Offered by Mr. Panetta of California
Page 204, line 8, after the dollar amount, insert
``(reduced by $1,000,000) (increased by $1,000,000)''.
Page 208, line 1, after the dollar amount, insert
``(reduced by $1,000,000) (increased by $1,000,000)''.
Amendment No. 73 Offered by Mr. Schrader of Oregon
Page 265, line 21, after the dollar amount, insert
``(reduced by $5,000,000) (increased by $5,000,000)''.
Amendment No. 74 Offered by Ms. Sherrill of New Jersey
Page 263, line 24, after the first dollar amount, insert
``(reduced by $10,000,000) (increased by $10,000,000)''.
Amendment No. 75 Offered by Mr. Smith of Missouri
Page 198, line 11, after the first dollar amount, insert
``(reduced by $1,000,000)''.
Page 215, line 4, after the first dollar amount, insert
``(increased by $1,000,000)''.
Amendment No. 76 Offered by Ms. Spanberger of Virginia
Page 202, line 14, after the dollar amount, insert
``(reduced by $8,000,000)''.
Page 258, line 25, after the dollar amount, insert
``(increased by $5,000,000)''.
Amendment No. 77 Offered by Ms. Spanberger of Virginia
Page 202, line 14, after the dollar amount, insert
``(reduced by $10,000,000)''.
Page 226, line 19, after the dollar amount, insert
``(increased by $5,257,000)''.
Amendment No. 78 Offered by Ms. Spanberger of Virginia
Page 202, line 14, after the dollar amount, insert
``(reduced by $4,250,000)''.
Page 231, line 10, after the dollar amount, insert
``(increased by $2,000,000)''.
Amendment No. 79 Offered by Mr. Stauber of Minnesota
Page 202, line 14, after the dollar amount, insert
``(reduced by $605,000)''.
Page 246, line 8, after the dollar amount, insert
``(increased by $605,000)''.
Page 248, line 4, after the dollar amount, insert
``(increased by $605,000)''.
AMENDMENT NO. 81 OFFERED BY MR. VALADAO OF CALIFORNIA
Page 198, line 11, after the first dollar amount, insert
``(increased by $8,000,000,000) (reduced by
$8,000,000,000)''.
AMENDMENT NO. 82 OFFERED BY MR. WELCH OF VERMONT
Page 263, line 24, after the dollar amount, insert
``(increased by $1,000,000) (reduced by $1,000,000)''.
AMENDMENT NO. 84 OFFERED BY MR. BURCHETT OF TENNESSEE
Page 312, line 13, after the dollar amount, insert
``(reduced by $25,000,000) (increased by $25,000,000)''.
AMENDMENT NO. 87 OFFERED BY MR. CARTER OF LOUISIANA
Page 312, line 13, after the first dollar amount, insert
``(increased by $6,000,000)(reduced by $6,000,000)''.
AMENDMENT NO. 92 OFFERED BY MR. FOSTER OF ILLINOIS
Page 341, line 4, after the first dollar amount, insert
``(reduced by $380,000,000)(increased by $380,000,000)''.
AMENDMENT NO. 93 OFFERED BY MS. GARCIA OF TEXAS
Page 338, line 4, after the dollar amount, insert
``(reduced by $50,000,000) (increased by $50,000,000)''.
AMENDMENT NO. 96 OFFERED BY MS. KUSTER OF NEW HAMPSHIRE
Page 344, line 24, after the dollar amount, insert
``(reduced by $2,000,000)''.
Page 365, line 9, after the dollar amount, insert
``(increased by $2,000,000)''.
AMENDMENT NO. 97 OFFERED BY MRS. RODGERS OF WASHINGTON
Page 313, line 19, after the dollar amount, insert
``(reduced by $150,000) (increased by $150,000)''.
AMENDMENT NO. 101 OFFERED BY MR. PERLMUTTER OF COLORADO
Page 336, line 1, after the dollar amount, insert
``(reduced by $15,000,000) (increased by $15,000,000)''.
AMENDMENT NO. 102 OFFERED BY MR. PERRY OF PENNSYLVANIA
Page 336, line 1, after the dollar amount, insert
``(increased by $5,000,000)''.
Page 344, line 24, after the dollar amount, insert
``(reduced by $5,000,000)''.
Amendment No. 103 Offered by Ms. Plaskett of Virgin Islands
Page 312, line 1, after the dollar amount, insert
``(increased by $4,000,000)''.
Page 316, line 1, after the dollar amount, insert
``(reduced by $2,000,000)''.
Page 344, line 24, after the dollar amount, insert
``(reduced by $2,000,000)''.
Amendment No. 104 Offered by Mr. Scott of Virginia
Page 341, line 4, after the dollar amount, insert
``(reduced by $720,000,000) (increased by $720,000,000)''.
Amendment No. 105 Offered by Mr. Scott of Virginia
Page 341, line 4, after the dollar amount, insert
``(reduced by $2,177,000) (increased by $2,177,000)''.
Amendment No. 106 Offered by Mr. Scott of Virginia
Page 341, line 4, after the dollar amount, insert
``(reduced by $15,000,000) (increased by $15,000,000)''.
Amendment No. 107 Offered by Ms. Slotkin of Michigan
Page 336, line 1, after the dollar amount, insert
``(reduced by $25,000,000) (increased by $25,000,000)''.
Amendment No. 108 Offered by Ms. Slotkin of Michigan
Page 312, line 1, after the dollar amount, insert
``(reduced by $5,000,000) (increased by $5,000,000)''.
[[Page H4066]]
Amendment No. 109 Offered by Mr. Weber of Texas
Page 337, line 13, after the dollar amount, insert
``(reduced by $348,000,000) (increased by $348,000,000)''.
The SPEAKER pro tempore. Pursuant to House Resolution 555, the
gentlewoman from Connecticut (Ms. DeLauro) and the gentleman from
Arkansas (Mr. Womack) each will control 15 minutes.
The Chair recognizes the gentlewoman from Connecticut.
{time} 1745
Ms. DeLAURO. Madam Speaker, I yield myself 45 seconds.
This is an en bloc amendment and includes a number of proposals
offered by Members on both sides of the aisle. It includes amendments
offered by both Democrats and Republicans and several offered jointly
by Members of both parties on which the vast majority of this body can
agree.
I urge support for this bipartisan en bloc, and I reserve the balance
of my time.
Mr. WOMACK. Madam Speaker, I won't belabor the point that I made a
few minutes ago that I am not a big fan of this process, but there does
come a time in the process where we come to some agreement on things,
and I guess we are at that stage of the game.
Madam Speaker, I am pleased to yield 3 minutes to the gentleman from
Pearland, Texas (Mr. Weber).
Mr. WEBER of Texas. Madam Speaker, I rise in support of amendment No.
109 within this en bloc.
My amendment identifies an immediate need of the United States
nuclear industry, the need to provide full funding for construction of
the Department of Energy, the DOE, versatile test reactor project.
As ranking member of the Subcommittee on Energy for the Science,
Space, and Technology Committee, I know that there is no clean energy
future without advanced nuclear. The best vehicle to accelerate us down
the road of emissions reductions is nuclear energy.
The versatile test reactor is an absolutely critical piece of DOE's
R&D infrastructure that will allow U.S. nuclear researchers to validate
and test a wide range of advanced reactor designs right here in the
good old U.S. of A. Any responsible U.S. nuclear energy strategy must
include robust support for this facility.
Madam Speaker, last Congress, as part of the sweeping nuclear
provisions in the Energy Act of 2020, we were able to authorize robust
funding for the versatile test reactor. It was a tremendous
bipartisan--that my friend from Arkansas is pointing out--achievement I
was proud to lead. But this authorization is all for naught without the
yearly appropriations to back it up.
That is why I am very concerned to see that the 2022 appropriations
bill provides no funds, zero, zip, zilch, nada, to keep the versatile
test reactor project on budget and on schedule.
If we are serious about our clean energy future, Madam Speaker, and
we want to decrease our dependence on competitors like China and Russia
for advanced nuclear R&D, we must commit to our investment in this
essential research infrastructure.
The United States can and should lead the world in advanced nuclear.
Moving forward, I will continue to work with my colleagues to
prioritize nuclear innovation and keep America safe, energy
independent, and globally competitive.
I urge my colleagues to support this amendment.
Ms. DeLAURO. Madam Speaker, I yield 2 minutes to the gentleman from
California (Mr. Panetta).
Mr. PANETTA. Madam Speaker, I rise in support of my bipartisan
amendment No. 10 that would bolster agricultural research.
This amendment, offered with my co-chair of the Ag Research Caucus,
Rodney Davis from Illinois, would support farmers all across the
country in their ongoing efforts to produce bigger, safer, sustainable,
and more agriculture.
In my district, on the central coast of California, otherwise known
as the Salad Bowl of the World, with its hundreds of specialty crops,
the farmers depend on USDA research programs, not just to survive but
to succeed.
Two of those key programs that our amendment funds are the
Agricultural and Food Research Initiative, or AFRI, and the Agriculture
Advanced Research and Development Authority, also known as AGARDA.
AFRI is the Nation's leading competitive grants program for
agriculture research. Our amendment funds it with $450 million, a $15
million increase from last year.
AGARDA is a new program that was authorized in the 2018 farm bill,
and for the first time, it is now funded with $2 million.
During the pandemic, Madam Speaker, it was clear that the work of our
farmers and farmworkers is absolutely essential. The least that we can
do in Congress is to provide this type of funding for the necessary
research that will help not just our recovery right now, but it will
also ensure food security for our future.
Mr. WOMACK. Madam Speaker, I am pleased to yield 2 minutes to the
gentleman from Tipton, Michigan, Michigan's Seventh District (Mr.
Walberg), a valued and respected member of the Education and Labor and
Energy and Commerce Committees.
Mr. WALBERG. Madam Speaker, I rise in support of my amendment to
division A, which provides critical funding for the Office of Labor-
Management Standards, OLMS, at the Department of Labor.
OLMS is vital to protecting the rights of workers in the workplace
and ensuring labor-management transparency and financial integrity in
our Nation's labor unions.
Unfortunately, House Democrats have chosen to underfund the agency
since taking the majority, resulting in diminished staffing levels and
significantly impacting the types of work accomplished in the field and
throughout the agency. Sadly, the appropriations package we are
considering today continues this trend by once again underfunding the
office.
My amendment would simply increase the funding to be in line with
President Biden's budget request. In the President's request, the
Department noted that funding was necessary to restore OLMS' ability to
provide unionized workers with the protections they are entitled under
LMRDA.
Protecting the paychecks of hardworking union members is my priority,
and I hope it is the priority of my colleagues as well.
Additionally, I rise to support my amendment to division E, which
addresses two of the most serious public health concerns affecting
Michigan and the Great Lakes States. PFAS contamination and harmful
algal blooms have wreaked serious damage in our rivers, streams, lakes,
and, ultimately, drinking water.
Many States like mine have been aggressively testing, tracking, and
working to combat PFAS for years. But there is still much more we don't
know about these chemicals, and it will take collaboration from
Federal, State, and local officials to prevent future exposure, protect
the public health, and ensure the safety of our drinking water.
At the same time, harmful algal blooms, HABs, affect marine, coastal,
estuarine, and freshwater systems in all 50 States and are particularly
prevalent in the Great Lakes. These toxic blooms harm human health and
cause several billion dollars in economic losses each year.
My amendment supports investments in science, research, and
management to increase our capacity to detect and prevent HABs and PFAS
throughout the country.
I urge my colleagues to support these important amendments.
Ms. DeLAURO. Madam Speaker, I yield 2 minutes to the gentleman from
New Jersey (Mr. Gottheimer).
Mr. GOTTHEIMER. Madam Speaker, I rise in support of the en bloc
packages.
My first amendment adjusts Federal investments for the Federal
Highway Administration to defund an expensive, unsightly, and
unnecessary 60-foot-high artificial rock wall on I-80 in Warren County
in my district. I encourage, instead, a safer, smarter option.
The community which sits next to the beautiful Delaware Water Gap,
one of Jersey's greatest natural treasures, believes this rock wall
will be ineffective and that it will wreak havoc on the area's
ecotourism. I couldn't agree more.
This amendment makes clear that congressional intent is for no
Federal funds to be used for the construction of
[[Page H4067]]
an artificial wall between mileposts 1.04 and 1.45 along I-80 in
Knowlton and Hardwick Townships, New Jersey. There are safer, better
options.
My second amendment makes it clear that Federal investments for the
Substance Abuse and Mental Health Services Administration must help
address the COVID-19-linked substance abuse and mental health issues
affecting far too many children and young adults in our country. The
pandemic has caused a historic rate of mental health issues, especially
with our students, and we must help them get the support they need. It
is just heart-wrenching.
My final amendment prioritizes clean drinking water because every
child should have access to water at school that is free of lead that
can cause great harm to them. This amendment adjusts the Federal CDC
environmental health investment, creating congressional intent to help
ensure that school drinking water is free of lead and dangerous
chemicals. We must protect children in north Jersey and nationwide from
dangerous chemicals and lead in their drinking water.
Madam Speaker, I urge support for this bipartisan en bloc set of
amendments.
Mr. WOMACK. Madam Speaker, I am pleased to yield 2 minutes to the
gentleman from San Angelo, Texas (Mr. Pfluger), a very distinguished
member of the freshman class of this Congress, a member of the Foreign
Affairs and Homeland Security Committees. I am proud of his service to
our country in uniform as a pilot of that F-22.
Mr. PFLUGER. Madam Speaker, I rise today in support of the much-
needed student dormitory project at Goodfellow Air Force Base in San
Angelo, Texas.
The district I represent is at a crucial crossroads of national
security, energy security, and agriculture security that makes our
Nation stronger. At the heart of this district sits Goodfellow, home to
the training of over 12,000 airmen, soldiers, sailors, marines, and
guardians every single year who do intelligence work and also in the
training of fire.
Goodfellow plays a really critical role in continuing to provide
world-class intelligence, surveillance, and reconnaissance, as well as
that fire rescue that I just mentioned.
The national security demands of our Nation are quickly outpacing the
capacity of Goodfellow to house the ever-growing stream of new
students. The base is currently experiencing a drastic shortage of
housing. In fact, to meet this shortage, the base has entered into an
agreement with Angelo State University for the use of their dorms to
ease the capacity concerns.
While ASU is a proud and willing partner with Goodfellow, this is not
a permanent solution. We cannot expect our communities to shoulder
these burdens forever.
This project is vital to the national security mission that
Goodfellow provides to the country and to that of the Concho Valley
community. It is imperative that Air Force Education and Training
Command maintain this project as a top priority.
I am also offering an amendment tonight, and I rise in support of
that, to strike the funding for the expensive and unreliable electric
vehicle purchases by the United States Postal Service.
Let me be clear. We cannot maintain a functioning and prosperous
country without affordable, reliable energy. Yet, my colleagues on the
other side of the aisle are completely bent on pursuing a feel-good
green energy policy to pat themselves on the backs in the name of
saving the environment.
But the truth is, they are not improving the environment. They are
actually destroying the prosperity and security of our country by doing
so.
During several days of brutal cold in Texas, the city of Austin saw
its fleet of 12 new electric buses rendered completely inoperative
during the power outages. By allowing the USPS to go to an all-electric
fleet, we are basically saying that when the weather is too hot, too
cold, not windy enough, with not enough sun, Americans will not have
their mail service.
Madam Speaker, I urge my colleagues to vote ``yes'' on this amendment
and others.
Ms. DeLAURO. Madam Speaker, I yield 2 minutes to the gentlewoman from
Texas (Ms. Garcia).
Ms. GARCIA of Texas. Madam Speaker, my amendment increases the Fossil
Energy and Carbon Management account by $50 million and decreases it by
the same amount.
I want to thank the bipartisan group of cosponsors, including
Representative McCaul, Representative Jackson Lee, Representative
Burgess, Representative Fletcher, Representative Cuellar,
Representative Crenshaw, and Representative Brady.
I offered this amendment because we must prioritize Carbon
Utilization Program activities that are consistent with our existing
energy statute.
In and around my district in Houston, the energy capital of the
world, important carbon capture research is taking place. Carbon
capture utilization seeks to improve our community's air quality and
maintain and provide jobs for workers, many in my district.
Therefore, my amendment just clarifies that carbon capture
utilization research, along with other carbon capture projects
specified in the committee report, are also recognized and prioritized
in this bill.
{time} 1800
Mr. WOMACK. Madam Speaker, I yield 1 minute to the gentleman from
California (Mr. McCarthy), the distinguished Republican leader of our
conference, all the way from Bakersfield, California.
Mr. McCARTHY. Madam Speaker, I want to thank the gentleman from
Arkansas for yielding to me.
Madam Speaker, I rise in support of my amendment to division E that
would prioritize funding for critically important U.S. Forest Service
initiatives, to mitigate safety hazards, to reopen and rehabilitate the
Sequoia National Forest following the devastating SQF Complex fire.
Giant sequoias are the largest trees in the world. Some tower over 26
stories high and grow wider than a city street. They can only be found
growing naturally on the eastern slopes of the Sierra Nevada mountain
range in California, including in my district, in the Sequoia National
Forest.
Last August, the SQF Complex fire burned over 170,000 acres,
primarily in the Sequoia National Forest, after being ignited by
lightning. A preliminary interagency report, led by the National Park
Service, estimates that this fire killed ``10 to 14 percent of all
large sequoias across the tree's natural range in the Sierra Nevada.
This translates to an estimated loss of 7,500 to 10,600 large
sequoias.''
In modern history, we know of no other time to have this much
devastation. In fact, the ninth largest giant sequoia, the King Arthur
Tree, is still on fire to this day, almost one year later, and may
ultimately die because of this fire.
These losses are devastating, both environmentally, and for the
communities. The giant sequoia and redwood capture more carbon than any
other tree.
But communities like Porterville, Three Rivers, Springville,
Kernville, and Lake Isabella depend on the revenue from tourists coming
to see the giant sequoia groves.
Following the fire, the U.S. Forest Service closed a large portion of
the Sequoia National Forest in Tulare County because of public health
and safety concerns, such as falling burned trees and mudslides.
Addressing these safety concerns is critical so the forest can be fully
reopened as quickly as possible.
My amendment supports over $13 million for three initiatives in the
Sequoia National Forest.
First, mitigating public safety hazards so the burn area can be
reopened to the public;
Promoting ecological restoration activities; and
Supporting activities to reduce the risk of future catastrophic fires
from killing additional giant sequoias.
If you check, to this day, they believe there are only 5 percent of
the giant sequoias on Earth still alive.
I have spoken with the Sequoia National Forest supervisor and have
been assured that all of these actions are or will be reviewed under
the National Environmental Policy Act and will be conducted consistent
with the Giant Sequoia National Monument Management Plan and the
Sequoia National Forest Land and Resource Management Plan.
These ancient giants, some of which are nearly 2,000 years old, must
be protected so they can continue to inspire
[[Page H4068]]
and amaze future generations. Funding through my amendment would help
ensure this so the public can once again see these breathtaking trees.
I want to thank Ranking Member Granger and Ranking Member Joyce for
their work to protect our natural resources.
Mr. Speaker, I also rise in support of my amendment to division F to
prioritize funding for the VA's Readjustment Benefits account for the
Veteran Employment Through Technology Education Courses program, also
called the VET TEC program, in fiscal year 2022.
I was very proud to introduce the original VET TEC Act back in 2017,
after hearing that veterans could not utilize their GI Bill benefits
for nontraditional, technology-oriented nanodegree courses. After
speaking with veterans in my congressional district and across this
country, it was apparent there was significant demand from veterans
interested in utilizing their GI Bill benefits for these types of
classes.
From these conversations, the VET TEC pilot program, which allows
veterans to apply for and enroll in nontraditional, technology-oriented
classes, was born. Now, over 2 years into the 5-year VET TEC pilot
program, I am proud to say over 3,000 veterans have participated in it,
with 90 percent of these veterans graduating from these programs and 72
percent attaining employment in their chosen field of study. On
average, graduates of the VET TEC program have an annual starting
salary of over $59,000. That is approximately $25,000 more than the
average salary in the United States.
Since its launch in 2019, over 44,000 veterans have applied to
participate in the VET TEC pilot program. That is far outstripping
current funding. These numbers paint a clear picture: VET TEC is a
popular and a successful program, and I believe that Congress should
fund this program at its fully authorized level of $45 million in
fiscal year 2022, which my amendment seeks to do.
Even with this funding, the VA estimates it will need $80 million
more for this program to keep up with the current demand. I look
forward to working with my colleagues in the House to increase the VET
TEC program's authorization in the future.
Think about that, Mr. Speaker. Here are men and women who served
their country that can use the GI Bill for nontraditional technology
classes. In today's world, that is the workforce we need. They jump
ahead. They get paid more than the average American. But the desire and
the need and the applications are much greater than we fund. I think we
have a responsibility here.
I want to thank House Veterans' Affairs Committee Ranking Member
Bost, Congresswoman Miller-Meeks, and Congressman Khanna for joining me
in offering this amendment and for tirelessly advocating for the VET
TEC program.
I also want to thank Ranking Member Granger and Ranking Member Carter
for their work to support our Nation's veterans.
Ms. DeLAURO. Mr. Speaker, I yield 2 minutes to the gentleman from
Louisiana (Mr. Carter).
Mr. CARTER of Louisiana. Mr. Speaker, I rise today with a bipartisan
amendment to protect our coast in Louisiana.
I am proud to be joined by my fellow Louisianians in offering it
today. They are joining me because this amendment reflects one of the
most important tasks our State faces: restoring our coast.
Put simply, if we don't restore our coast, none of the other work
that we do really matters. Our coast is singularly important to our
culture, our food, our industry, and our way of life.
We lose a significant amount of our coast to coastal erosion. We know
that our fisheries and our fishermen depend on a robust coast. We know
that by protecting it, we protect our economy and we protect those
things that are critically important to the State of Louisiana.
Our coast is not only an economic powerhouse and an environmental
treasure, it is also physical safety of our neighbors, our
neighborhoods, and our visitors.
This amendment would make sure that we have the funding to continue
using dredged materials to rebuild our coast.
This beneficial use is one of the keys to creating our new wetlands
and is a large part of our all-out effort to restore our coast by
rebuilding and shoring up our coast.
I am proud to sponsor this funding, proud to have bipartisan support
for it, and proud to ask that all Members join us in passing this
incredible measure that is so important to Louisiana. This is not
Republican nor Democrat, but it is good government. It is
environmentally sound, it is good for Louisiana, and it is good for
business.
Mr. SIMPSON. Mr. Speaker, I yield 1 minute to the gentlewoman from
Florida (Mrs. Cammack).
Mrs. CAMMACK. Mr. Speaker, I rise today in support of my amendment,
striking language that would effectively allow unlimited use of
additional contingency funding for SNAP.
As I stated in my Rules testimony yesterday, when it comes to SNAP,
this administration chose the playbook of the Center on Budget and
Policy Priorities to create a food stamp free-for-all.
Recently, the CBPP wrote a piece that said: ``For other appropriated
entitlements, policymakers have a simple way to protect against
inadequate annual funding: by providing uncapped appropriations for the
last quarter of the fiscal year to fulfill the requirements of the
underlying law governing the program in question.'' In other words,
let's hit continue on one of the biggest welfare expansions in U.S.
history.
The administration and the majority are taking the advice of a multi-
million-dollar organization and its leadership that thrives on creating
dependency and making a lot of money by doing so.
This slush fund of contingency money that I am talking about today
has the potential to exceed $17 billion with unanticipated costs listed
as the only parameter for spending. I can only guess what will, in
fact, be labeled as an unanticipated cost.
I urge my colleagues to vote in favor of my amendment, start
supporting solutions to end dependence, and help get people back to
work.
Ms. DeLAURO. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise to clarify that if this amendment passes, it does
not fund the specific project referred to by Mr. Pfluger in debate.
I support this general type of funding, and the text in the summary
of the amendment are general, but the Committee on Appropriations has
established a process for consideration of a specific community project
funding request. That process is designed to ensure transparency and
accountability.
The intention of this amendment, as explained by Mr. Pfluger during
debate, appears to fund such a project without going through the
vetting process. Accordingly, I would encourage my friend to submit the
project to the Appropriations Committee under the established process
next fiscal year.
Mr. Speaker, I yield 2 minutes to the gentlewoman from Virginia (Ms.
Spanberger).
Ms. SPANBERGER. Mr. Speaker, I rise today to speak on my amendments
to this legislation, which represent key central Virginia priorities as
we rebuild from the COVID-19 pandemic.
I thank the chairwoman for her tremendous work, and I look forward to
moving forward with this legislation.
My 340B-related amendment sends a message to big pharmaceutical
companies: stop hiking drug prices on consumers and discriminating
against 340B providers and pharmacies.
My amendment to boost funding for the Emergency Food Assistance
Program reflects the requests I have heard directly from central
Virginia food banks, their staff, and their volunteers, as they fight
hunger.
My bipartisan amendment to increase support for NRCS field staff
would help crop and livestock producers implement conservation
practices that help their bottom lines.
As we look to maintain telehealth services that expanded during the
pandemic, my amendment to strengthen Federal funding for telehealth
resource centers would directly benefit providers like the Karen S.
Rheuban Center for Telehealth at UVA, which serves so many of my
constituents.
Finally, my amendment to strengthen ReConnect funding demonstrates
our continued commitment as a Congress and as a community to closing
[[Page H4069]]
the digital divide and expanding broadband internet access throughout
our communities.
Mr. SIMPSON. Mr. Speaker, I yield 1 minute to the gentlewoman from
New York (Ms. Tenney).
Ms. TENNEY. Mr. Speaker, I am here today with the support of seven of
my House colleagues to introduce an amendment to section B of H.R.
4502.
This amendment will restore the principle of good governance,
preventing precious, hard-earned taxpayer dollars from going to the
Civilian Climate Corps, which is an unauthorized program.
As Members of the people's House, we have an obligation to ensure
taxpayer dollars are spent effectively and that spending is held to the
highest standards of accountability.
Yet, tucked away in the House Democrats' spending bill is funding for
the so-called Civilian Climate Corps. The Democrats transferred $5
million, initially set aside for invasive species management, and
directed it to this new program to fund bureaucrats.
But there is a problem. The Biden administration and Members of
Congress have admitted they don't know how the program will function.
From what we know about this program, it will be a new massive Federal
slush fund focused not on sound climate policy but on advancing the
partisan Green New Deal agenda.
Mr. Speaker, it is bad enough for government to fund a program that
Congress hasn't authorized and can't effectively oversee.
The SPEAKER pro tempore (Mr. Bera). The time of the gentlewoman has
expired.
Mr. SIMPSON. Mr. Speaker, I yield an additional 30 seconds to the
gentlewoman from New York.
{time} 1815
Ms. TENNEY. Mr. Speaker, there are plenty of programs that are
covered by this bill, including the 2018 farm bill with the mission and
expertise to manage invasive species. The Civilian Climate Corps should
be debated and considered in the House before it is funded; otherwise,
this is just another bureaucratic slush fund.
Mr. Speaker, I urge my colleagues in the House to support my
commonsense amendment.
Ms. DeLAURO. Mr. Speaker, I yield 2 minutes to the gentleman from
Rhode Island (Mr. Langevin).
Mr. LANGEVIN. Mr. Speaker, I rise in strong support of my amendment
to increase funding for the Adoption Opportunities Program in the
fiscal year 2022 Labor-HHS appropriations act.
On any given day, 424,000 children are living in foster care in the
United States, more than a quarter of whom are waiting to be adopted by
a loving, supportive family.
Unfortunately, 20,000 young people age-out of foster care each year
without a permanent family connection. How sad and tragic that is. That
needs to change, and with the right support it can.
The Adoption Opportunities Program provides a unique funding stream
for States, counties, Tribes, and private organizations to invest in
evidence-based solutions to find families for these youth and provide
them with the support they need to thrive.
From adoptive family recruitment to post-adoption services and
caseworker training, these programs help foster youth build permanent
family connections.
Now is the time, Mr. Speaker, to invest in solutions to improve
permanent placements for foster youth. I thank Chairwoman DeLauro and
the committee for supporting this amendment and for her tremendous
leadership in crafting this year's appropriations bills.
Mr. Speaker, I urge my colleagues to support the en bloc package and
the underlying bill.
Mr. SIMPSON. Mr. Speaker, I reserve the balance of my time.
Ms. DeLAURO. Mr. Speaker, I yield 2 minutes to the gentlewoman from
Texas (Ms. Jackson Lee).
Ms. JACKSON LEE. Mr. Speaker, I rise to ask support for en bloc No. 3
and these important amendments. Let me emphasize my first amendment,
really, with a great deal of gratitude, because this is so very
important.
Human trafficking is a scourge on this Nation, and it has no
boundaries; it is both domestic and international, but one of the
things that is needed is for those who are trafficked, when they are
found, to be able to cooperate with law enforcement. Many of those
women are nondocumented immigrant women.
My amendment says none of the funds made available by this act for
domestic food programs, Food and Nutrition Service, Supplemental
Nutrition Assistance Program may be used in contravention of section
107(b) of Division A of the Victims of Trafficking and Violence
Protection Act of 2000.
The effect of this amendment will be to make clear that nothing in
this bill restricts the authority of the Secretary of Agriculture or
any Federal agency head from providing assistance and benefits to
victims of trafficking under current law so that they can engage with
law enforcement and get the scourge, the person who trafficked, because
they take advantage of these immigrants, and they cannot survive if
they don't have subsistence. Many times they are denied it, because we
have not made it clear to the States they are allowed to have it.
This amendment is going to save lives. I thank my colleagues for
providing this particular amendment, and as well it is clear that it is
needed, because it provides victims of trafficking access to
information about their eligibility to receive SNAP benefits. It does
not constitute the type of SNAP recruitment activity or advertising of
the SNAP program prohibited by the bill, but more importantly, it helps
those who are victims.
Trafficking in humans, and especially domestic child trafficking, has
no place in civilized society. It is the most lucrative business,
better than drugs, and that is why it is--over and over again.
Having held the first field hearing on human trafficking, I can tell
you this is an important amendment. I ask my colleagues to support the
Jackson Lee amendment and en bloc No. 3.
Mr. Speaker, I rise in support of En Bloc Amendment No. 3 to Rules
Committee Print 117-12, which incorporates Jackson Lee Amendment No.
68.
I thank the Rules Committee for making these amendments in order and
Agriculture Appropriations Subcommittee Chair Bishop for including it
in this En Bloc Amendment.
Jackson Lee Amendment #68 is simple and straightforward, but it makes
an important contribution to the bill and to a goal that every Member
of this body shares--and that is ending the scourge of human
trafficking.
My amendment provides that:
None of the funds made available by this Act for ``Domestic Food
Programs--Food and Nutrition Service--Supplemental Nutrition Assistance
Program'' may be used in contravention of section 107(b) of Division A
of the Victims of Trafficking and Violence Protection Act of 2000 (22
U.S.C. 7105(b)).
The effect of this amendment will be to make clear that nothing in
this bill restricts the authority of the Secretary of Agriculture or
any federal agency head from providing assistance and benefits to
victims of trafficking under current law as authorized by 22 U.S.C.
Sec. 7105(b) of the Victims of Trafficking and Violence Protection Act
of 2000 (114 Stat. 1464, Pub. Law 106-386).
In particular, Jackson Lee Amendment #68 is necessary to make clear
that providing victims of trafficking access to information about their
eligibility to receive SNAP benefits does not constitute the type of
SNAP recruitment activities or ``advertising'' of the SNAP program
prohibited by the bill and by Section 4018 of the Agriculture Act of
2014 (Public Law No: 113-079).
Trafficking in humans, and especially domestic child trafficking, has
no place in a civilized society. Those who engage in this illicit trade
should be prosecuted to the fullest extent of the law. This House made
that clear again last month when it passed H.R. 3530, the Justice for
Victims of Trafficking Act, which contained my Sense of the Congress
amendment added during the Judiciary Committee markup.
That means we need to ensure that state and local law enforcement
agencies have the tools, resources, and training necessary to identify,
apprehend, and prosecute criminals who ruthless traffic in children and
young persons.
And one of the most effective resources in bringing criminals to
justice is the cooperation and assistance of their victims.
Perpetrators of crime know that they are more likely to evade
detection and punishment when their victims refuse to assist or
cooperate with law enforcement. That is why they make it a point to
instill fear in their victims--for their own safety or that of family
and loved ones.
I urge all Members to vote En Bloc Amendment #3.
[[Page H4070]]
Ms. DeLAURO. Mr. Speaker, I am ready to close. I reserve the balance
of my time.
Mr. SIMPSON. Mr. Speaker, I support this amendment and hope that
Members will vote for it.
I yield back the balance of my time.
Ms. DeLAURO. Mr. Speaker, I support this amendment and urge Members
to pass it.
I yield back the balance of my time.
Mr. SCOTT of Virginia. Mr. Speaker, I rise today in support of my
amendments to H.R. 4502, the Labor, Health and Human Services,
Education, Agriculture, Rural Development, Energy and Water
Development, Financial Services and General Government, Interior,
Environment, Military Construction, Veterans Affairs, Transportation,
and Housing and Urban Development Appropriations Act of 2022.
These three amendments, included in en bloc three, support essential
funding for our National Labs. The first amendment, which I introduced
with Reps. Wittman, Beyer, Luria, and Wexton of Virginia; Reps. Suozzi
and Rice of New York; and Rep. Slotkin of Michigan, highlights the need
for funding for Medium Energy Operations and Nuclear Physics within the
Department of Energy's Office of Science. The funding level included in
the President's Budget would advance our understanding of nuclear
physics, study which enhances safety, quality of life, and even medical
care. Scientists and researchers at Thomas Jefferson National
Accelerator Facility (Jefferson Lab), located in the heart of my
district in Newport News, train the next generation of scientists,
advance lifesaving cancer radiation therapies, and have been awarded
more than 150 patents. Insufficient funding for Nuclear Physics and
Medium Energy research would jeopardize Jefferson Lab's run times,
contributing to an increased backlog of experiments ultimately slowing
innovation and decreasing the United States' scientific achievements.
Given the incredible work that Jefferson Lab does, I also submitted
an amendment to encourage much needed investment in the Electron-Ion
Collider, on which scientists at Jefferson National Laboratory and
Brookhaven National Laboratory are collaborating. Again, the funding
level included in the President's Budget Request is essential to moving
this critical project forward. I thank my colleagues Reps. Wittman,
Beyer, Luria, Wexton, Suozzi, and Rice for their support of this
effort. By supporting the development of the Electron-Ion Collider, we
enable researchers to answer pressing physics questions about the world
in which we live.
Lastly, I was pleased to see funding for the High Performance Data
Facility to support real-time analysis for experiments across the
National Laboratories included in the President's Budget. The proposed
facility would meet the needs of increasingly complex research projects
across the labs. Jefferson Lab, the first National Lab to deploy a
graphics processing unit for scientific computing, is incredibly well-
suited to house this facility on the East Coast. Establishing the
facility at Jefferson Lab would not only increase the National
Laboratories' computing capacity, it would also enhance their
resilience and help Jefferson Lab achieve its vision for a diversified
scientific mission moving forward. I thank my colleagues Reps. Wittman,
Beyer, Luria, and Wexton for their support of this amendment.
These amendments, like the underlying bill, help us move forward,
spurring innovation, creating jobs, facilitating incredible discovery.
I urge my colleagues to support this bill and these amendments.
Mr. LYNCH. Mr. Speaker, I rise in support of En Bloc 3, which
includes my amendment to the Labor-HHS-Education Division of H.R. 4502,
the minibus Appropriations Act.
My amendment will provide an additional $2 million to the Health
Centers Program within the Department of Health and Human Services.
This funding will provide increased assistance to our community health
centers which serve as a lifeline to many of the most vulnerable
members of our community, and have been hit especially hard during the
pandemic.
Today there are around 1,400 health centers in over 14,000 urban and
rural communities, across the U.S. serving 30 million patients in every
state and territory. Even before the Covid-19 pandemic they provided
vital comprehensive, quality health services--including, primary and
preventive care, behavioral health, dental care, pharmacy, and vision
care--to vulnerable and underserved communities. In recent years, they
have been expanding their services to include mental health and
treatment of substance use disorder.
Throughout the pandemic crisis, community health centers have stepped
up to help their communities by providing essential testing, contact
tracing, education, and vaccinations. And they have done so while
continuing to meet the ongoing health care needs of their patients.
However, these vital health care providers, who already operate on very
tight budgets with thin margins, were stretched even thinner in the
last eighteen months. At a time when they needed all hands on deck,
community health centers around the country had to cut hours, reduce
services, and lay off or furlough employees. Some even had to shut down
temporarily.
As we continue to work our way through to the other side of the
pandemic, community health centers still need our support to care for
our vulnerable and underserved Americans. Thanks to the efforts of the
Congress and the support of the President, our health centers have been
given some of the assistance they need in order to do so. Fortunately,
the American Rescue Plan provided over $6.1 billion in funding to 1,377
health centers around the country. In my state of Massachusetts, 37
community health centers have received over $146 million to help them
continue their work.
I was pleased to see the substantial increase that the Appropriations
Committee provided to health centers in this spending bill, and again,
I appreciate the Committee's acceptance of my amendment which will help
our community health centers to continue to provide quality,
comprehensive health care to millions of Americans.
Mr. Speaker, I urge support for this En Bloc amendment and the
underlying bill.
Ms. WILD. Mr. Speaker, I rise today in support of my amendment to
H.R. 4502, the consolidated appropriations legislation that will fund,
among other Federal agencies, the Department of Health and Human
Services, including the National Institutes of Health.
This bill represents a strong investment in our national health care
infrastructure, workforce, and research and development enterprise--and
I thank Chairwoman DeLauro for her strong leadership in ensuring that
Congress invests in the health of the American people as we continue to
recover from the COVID-19 pandemic. However, the health care challenges
are more diverse than COVID-19 alone and warrant our careful attention
and consideration. The historic investments in the National Institutes
of Health, National Cancer Institute, and other health agencies are
critical to addressing many of these health conditions and social
issues.
I offered my amendment to this bill to address a critical gap in our
fight to improve care for and save the lives of America's most
vulnerable children--pediatric brain cancer patients. We have invested
in intensive clinical and biological research for years, including
through the National Cancer Institute, to investigate the origins of
and therapeutic options for pediatric cancers, but the mortality of
children with brain cancer remains high and is the leading cause of
pediatric cancer deaths.
While brain tumors are rare in number among pediatric patients, the
vulnerability of the patient population, combined with the array of
tumor subtypes, makes investigating and treating this terrible
condition a unique challenge for researchers. The National Cancer
lnstitute's Childhood Cancer Data Initiative is one effort to undertake
the difficult work of collecting phenotypic and genotypic data for
pediatric cancer patients to inform the biologic and molecular
underpinnings of these rare cancers.
I fully support this initiative--and my amendment would strengthen
its current work by directing the Childhood Cancer Data Initiative to
incorporate a key tool for researchers into its workflow--molecular
tumor board data. Molecular tumor boards use information from each
patient's tumor, including derived genotype and RNA and DNA profiling,
and links research to the clinical characteristics of the child, to
inform treatment decisions. These data sets are a rich source of real-
world information that clinical scientists, treating physicians, and
families will be able to use in real time to make critical decisions on
care. Over time, they will improve our understanding of pediatric
cancers' origins and functions and also assist in the development of
new drugs, treatments, and potential cures.
Specifically, my amendment provides $2 million in further resources
for the National Cancer Institute's Childhood Cancer Data Initiative,
which should be sufficient resources to incorporate data from the 2000
most highly malignant brain tumor cases that occur in American children
each year. The Initiative is well positioned to incorporate molecular
tumor board data from diverse patients across the country, to work with
academic centers that have the expertise to review the data and suggest
treatment options, provide tumor board report information to patients
and families, and to follow cases for clinical endpoints on a
longitudinal basis.
Mr. Speaker, America's scientific and medical communities lead the
world in groundbreaking, lifesaving research, and this bill rightly
invests in furthering that national interest and strength. My amendment
builds on this goal by centering research on some of the most
vulnerable patients and some of the most unique and deadly health
conditions that affect America's children. These tumors and cancers
need innovative strategies to improve
[[Page H4071]]
care, quality of life, and survival. This research addresses the needs
of pediatric brain cancer patients and their families to access
precision-based therapeutics and medical experts. I urge my colleagues
to support my amendment and the underlying bill to invest in the health
of America's kids.
The SPEAKER pro tempore. Pursuant to House Resolution 555, the
previous question is ordered on the amendments en bloc offered by the
gentlewoman from Connecticut (Ms. DeLauro).
The question is on the amendments en bloc.
The en bloc amendments were agreed to.
A motion to reconsider was laid on the table.
Amendments En Bloc No. 4 Offered by Ms. DeLauro of Connecticut
Ms. DeLAURO. Mr. Speaker, pursuant to House Resolution 555, I offer
amendments en bloc.
The SPEAKER pro tempore. The Clerk will designate the amendments en
bloc.
Amendments en bloc No. 4, consisting of amendment Nos. 16, 22, 24,
28, 37, 55, 60, 65, 66, 80, 85, 89, 94, 117, 118, 119, 121, 122, 136,
137, 138, 139, 141, 145, 146, 147, 148, 150, 152, 153, 156, 159, 161,
167, 168, 171, 172, 173, 185, 191, and 229, printed in part B of House
Report 117-109, offered by Ms. DeLauro of Connecticut:
amendment no. 16 offered by ms. foxx of north carolina
At the end of division A of the bill (before the short
title), insert the following:
Sec. __.
None of the funds made available by this Act may be used to
prepare, propose, implement, administer, or enforce any rule
rescinding the final rule issued by the Department of Labor
on December 9, 2020, entitled ``Implementing Legal
Requirements Regarding the Equal Opportunity Clause's
Religious Exemption'' (85 Fed. Reg. 79324).
amendment no. 22 offered by mr. grothman of wisconsin
Page 154, line 12, after the first dollar amount, insert
``(reduced by $122,000,000)''.
amendment no. 24 offered by mr. issa of california
Strike section 115 of division A.
amendment no. 28 offered by mrs. lesko of arizona
Strike section 241 of division A.
amendment no. 37 offered by mr. perry of pennsylvania
Page 105, beginning line 3, strike ``Provided further'' and
all that follows through ``such parking area''.
amendment no. 55 offered by mr. walberg of michigan
Page 25, line 18, after the dollar amount, insert
``(reduced by $7,117,000)''.
Page 25, line 25, after the dollar amount, insert
``(increased by $7,117,000)''.
amendment no. 60 offered by mrs. cammack of florida
Page 258, strike lines 9 through 14.
amendment no. 65 offered by mr. good of virgina
Page 257, beginning on line 1, strike ``, 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''.
amendment no.66 offered by mr. good of virginia
At the end of division B (before the short title, insert
the following:
Sec. __. The unobligated balance of amounts previously
placed in reserve for use only in such amounts and at such
times as necessary to carry out program operations of the
supplemental nutrition assistance program under the Food and
Nutrition Act of 2008 is hereby rescinded. .
amendment no. 80 offered by ms. tenney of new york
At the end of division B (before the short title), insert
the following:
Sec. __. None of the funds made available by this Act may
be used to fund the Civilian Climate Corps.
Amendment No. 85 Offered by Mr. Burgess of Texas
At the end of division C (before the short title), insert
the following:
Sec. __. None of the funds made available by this Act may
be used to repeal, revise, or replace the final determination
entitled ``Energy Conservation Program: Energy Conservation
Standards for General Service Incandescent Lamps'' published
by the Secretary of Energy in the Federal Register on
December 27, 2019 (84 Fed. Reg. 71626).
Amendment No. 89 Offered by Ms. Cheney of Wyoming
Page 347, line 2, after the first dollar amount, insert
``(reduced by $75,000,000) (increased by $75,000,000)''.
Amendment No. 94 Offered by Mr. Grothman of Wisconsin
At the end of division C (before the short title), insert
the following:
Sec. __. None of the funds made available by this Act may
be used for the Department of Energy's Office of Economic
Impact and Diversity.
Amendment No. 117 Offered by Mr. Good of Virginia
Page 540, beginning on line 3, strike section 750.
Amendment No. 118 Offered by Mr. Gooden of Texas
Page 540, beginning on line 3, strike section 750.
Amendment No. 119 Offered by Mr. Gooden of Texas
Page 373, line 19, after the dollar amount, insert
``(reduced by $37,700,000)''.
Amendment No. 121 Offered by Grothman of Wisconsin
Page 540, beginning on line 12, strike section 751.
Amendment No. 122 Offered by Mr. Hagedorn of Minnesota
At the end of division D (before the short title), insert
the following:
TITLE IX--ADDITIONAL PROVISION
Sec. 901. None of the funds made available by this Act may
be used to implement Executive Order #13985 entitled,
``Advancing Racial Equity and Support for Underserved
Communities Through the Federal Government''.
Amendment No. 136 Offered by Mr. Perry of Pennsylvania
Page 457, strike line 16 and all that follows through line
5 on page 458.
Amendment No. 137 Offered by Mr. Perry of Pennsylvania
Page 498, line 15, strike ``: Provided'' and all that
follows through ``vehicles'' on page 499, line 3.
Amendment No. 138 Offered by Mr. Pfluger of Texas
Page 457, strike line 16 and all that follows through page
458, line 5.
Amendment No. 139 Offered by Mr. Scalise of Louisiana
At the end of division D (before the short title), insert
the following:
TITLE IX--ADDITIONAL PROVISION
Sec. 901. None of the funds made available by this Act may
be used to carry out the Internal Revenue Service National
Research Program audits. The limitation in the previous
sentence shall not apply in the case of the administration of
a tax or tariff.
Amendment No. 141 Offered by Mr. Arrington of Texas
At the end of title II of division E (before the short
title), insert the following:
limitation on use of funds to address climate crisis
Sec. 438. None of the funds made available by this
division may be used to implement or enforce Executive Order
14008 entitle ``Executive Order on Tackling the Climate
Crisis at Home and Abroad'' and issued on January 27, 2021.
Amendment No. 145 Offered by Mr. Budd of North Carolina
Page 640, line 7, after the dollar amount, insert
``(reduced by $100,000,000)''.
Page 651, line 15, strike ``; and'' and insert a period.
Page 651, strike line 16 and all that follows through page
652, line 19.
Amendment No. 146 Offered by Mr. Burgess of Texas
At the end of division E (before the short title) insert
the following:
Sec. __. None of the funds made available by this Act may
be used by the Environmental Protection Agency to hire or pay
the salary of any officer or employee of the Environmental
Protection Agency under subsection (f) or (g) of section 207
of the Public Health Service Act (42 U.S.C. 209) who is not
already receiving pay under either such subsection on the
date of enactment of this Act.
Amendment No. 147 Offered by Mr. Cole of Oklahoma
Page 584, line 23, after the dollar amount, insert
``(increased by $154,163,000)''.
Page 637, line 6, after the dollar amount, insert
``(reduced by $139,163,000)''.
Page 640, line 7, after the dollar amount, insert
``(reduced by $100,000,000)''.
Amendment No. 148 Offered by Mr. Duncan of South Carolina
In division E, page 724, strike lines 14 through 20.
Amendment No. 150 Offered by Mr. Fallon of Texas
Page 637, line 6, after the dollar amount, insert
``(reduced by $141,973,000)''.
Amendment No. 152 Offered by Mr. Gooden of Texas
Division E, page 705, strike line 17 through page 706, line
2.
Amendment No. 153 Offered by Mr. Graves of Louisiana
Division E, page 623, line 18, strike ``may'' and insert
``shall''.
Amendment No. 156 Offered by Mr. Hudson of North Carolina
Page 661, line 25, after the first dollar amount, insert
``(reduced by $5,000,000)''.
Page 663, line 23, after the first dollar amount, insert
``(increased by $5,000,000)''.
Amendment No. 159 Offered by Mr. LaMalfa of California
Page 637, line 6, after the dollar amount, insert
``(reduced by $30,000,000)''.
[[Page H4072]]
Page 661, line 25, after the dollar amount, insert
``(increased by $25,000,000)''
Amendment No. 161 Offered by Mr. McKinley of West Virginia
At the end of division E (before the short title), insert
the following:
Sec. __. None of the funds made available by this Act may
be used to repeal, revise, or replace the rule entitled
``Clean Water Act Section 401 Certification Rule'' published
by the Environmental Protection Agency in the Federal
Register on July 13, 2020 (85 Fed. Reg. 42210).
Amendment No. 167 Offered by Mr. Newhouse of Washington
Page 634, beginning on line 4, strike section 126.
Amendment No. 168 Offered by Mr. Newhouse of Washington
Page 623, beginning on line 7, strike section 115.
Amendment No. 171 Offered by Mr. Palmer of Alabama
At the end of division E (before the short title), insert
the following:
Sec. __. None of the funds made available by this Act may
be used by the Environmental Protection Agency to carry out
the powers granted under section 3063 of title 18, United
States Code.
Amendment No. 172 Offered by Mr. Palmer of Alabama
Page 640, line 7, after the first dollar amount, insert
``(reduced by $150,000,000)''.
Page 648, line 12, after the first dollar amount, insert
``(reduced by $150,000,000)''.
Amendment No. 173 Offered by Mr. Pfluger of Texas
At the end of division E (before the short title), insert
the following:
Sec. __. None of the funds made available by this Act may
be used to implement, administer, or enforce the rule
entitled ``Oil and Natural Gas Sector: Emission Standards for
New, Reconstructed, and Modified Sources'' published by the
Environmental Protection Agency in the Federal Register on
June 3, 2016 (81 Fed. Reg. 35824).
Amendment N. 185 Offered by Mr. Rosendale of Montana
At the end of division E (before the short title), insert
the following:
Sec. __. None of the funds appropriated or otherwise made
available by this Act may be used to pay any fees or other
expenses under section 2412 of title 28, United States Code,
to any plaintiff related to an action against the U.S. Forest
Service.
Amendment No. 191 Offered by Mr. Grothman of Wisconsin
Page 746, line 15, after the dollar amount, insert
``(reduced by $21,500,000)''.
Page 746, line 17, after the dollar amount, insert
``(reduced by $21,500,000)''.
Page 746, line 19, after the dollar amount, insert
``(reduced by $21,500,000)''.
Page 746, line 21, after the dollar amount, insert
``(reduced by $21,500,000)''.
Amendment No. 229 Offered by Mr. Taylor of Texas
Page 837, line 14, after the dollar amount, insert
``(reduced by $1,000,000) (increased by $1,000,000)''.
The SPEAKER pro tempore. Pursuant to House Resolution 555, the
gentlewoman from Connecticut (Ms. DeLauro) and the gentleman from Idaho
(Mr. Simpson) each will control 15 minutes.
The Chair recognizes the gentlewoman from Connecticut.
Ms. DeLAURO. Mr. Speaker, I reserve the balance of my time.
Mr. SIMPSON. Mr. Speaker, I yield 1\1/2\ minutes to the gentlewoman
from North Carolina.
Ms. FOXX. Mr. Speaker, my amendment defends religious organizations
under attack from the radical left. Democrat politicians' distrust of
religious entities does not entitle them to ban them unconstitutionally
from participating in Federal programs and contracts.
President Biden and other Democrat politicians continue to target
faith-based entities despite repeated rebuke from the U.S. Supreme
Court. Democrats' unfounded fear of religious Federal contractors is,
in fact, a form of discrimination. Religious organizations that
contract with the Federal Government must still abide by
nondiscrimination laws.
We must protect the valuable Department of Labor regulation that
provides certainty and predictability for Federal contractors and
upholds the rights of all Americans.
Religious freedom is a nonnegotiable right. My amendment upholds the
Constitution and supports the right of religious organizations to do
business with the Federal Government.
Mr. Speaker, I urge all Members to vote ``yes'' on Foxx amendment 16.
Ms. DeLAURO. Mr. Speaker, I yield myself such time as I may consume.
While I have offered this en bloc amendment for the purposes of
legislative efficiency, I strongly oppose it. The en bloc makes severe
harmful changes to the bills under consideration.
Within the Labor-HHS-Education division, the amendment would support
discrimination, it would attack workers' rights, cut money from
education, put affordable child care further out of reach for families.
The amendment strikes a general provision from the bill that
prohibits funding to organizations that do not follow the Federal
regulation that prohibits discrimination on the basis of age,
disability, sex, race, color, national origin, religion, gender
identity, or sexual orientation.
Under the previous administration, HHS used taxpayer dollars to fund
child welfare organizations that were willing to discriminate against
families.
The United States has over 400,000 children in foster care, over
125,000 of whom are waiting to be adopted. Children in foster care need
and deserve every chance to be placed in loving homes.
America's workers, this amendment prohibits the Department of Labor
from revising the previous administration's antiworker rule, granting
taxpayer-funded contractors the extraordinary power to hire and fire
employees based on religious beliefs. The rule weakens antibias
protections for workers by shielding Federal contractors from complying
with workplace antidiscrimination laws.
The amendment undermines the highly successful registered
apprenticeship grant program by wasting taxpayer funds on low-quality,
predatory programs with no accountability.
At a time when quality, affordable education is more important than
ever, this amendment cuts $122 million from the higher education
account and the underlying bill. The amendment takes money away from
Hispanic-serving institutions, historically Black colleges and
universities, Tribal colleges and universities, Asian-American and
Native-American Pacific Islander-serving institutions, and other
minority-serving institutions.
Finally, as our Nation faces a childcare crisis, the amendment
reduces childcare options for student parents who rely on university
childcare programs supported by the Childcare Access Means Parents in
Schools Program.
Harmful changes. This barely scratches the surface of funding cuts
and harmful policy provisions espoused in this amendment.
Mr. Speaker, I urge my colleagues to oppose this en bloc. I reserve
the balance of my time.
Mr. SIMPSON. Mr. Speaker, I yield 1 minute to the gentlewoman from
Arizona (Mrs. Lesko).
Mrs. LESKO. Mr. Speaker, I rise today in support of my amendment that
is included in this en bloc. My amendment strikes section 241, which
requires foster care and adoption agencies to comply with Obama-era
regulations on sexual orientation and gender identity and prohibits the
use of funds to grant exceptions.
Section 241 is an attack on religious liberty. Similar provisions
allowed the city of Philadelphia, Pennsylvania, to refuse a contract
with Catholic Social Services unless they certified same-sex couples as
foster parents.
My amendment ensures that faith-based adoption and foster care
agencies do not have to choose between their ministry and their faith.
It is tyrannical for the government to force these entities to choose
between the two.
It is our job in Congress to uphold our constitutional right of
religious freedom. I urge my colleagues to support my amendment.
Ms. DeLAURO. Mr. Speaker, I yield 2 minutes to the gentleman from
Oregon (Mr. Schrader).
Mr. SCHRADER. Mr. Speaker, I rise today to speak in support of my
amendment to ask the FDA to move forward with rulemaking on
cannabidiol. Despite the 2018 farm bill being signed into law
legalizing cannabidiol, hemp farmers, including those in my home State
of Oregon, have faced economic burdens from the regulatory uncertainty
by lack of action.
We have legalized the sale of hemp derivatives like CBD, but the
marketplace adoption has not taken off like Congress and hemp farmers
alike expected. Lack of clarity in legal purchasing of CBD is a big
part of the problem.
[[Page H4073]]
The FDA has the authority to conduct the necessary rulemaking to
establish a regulatory pathway for CBD as a dietary supplement and food
ingredient.
This amendment, with my colleague Representative Griffith, calls on
the FDA to proceed in doing so, as the livelihoods of hemp farmers and
safety of consumers across the country reside in the hands of the
agency. There is no reason for the FDA not to be moving forward since
the 2018 farm bill.
To that end, I have also introduced with Representative Griffith H.R.
841 on a bipartisan basis. My bill will require the FDA to do what they
have the authority to do and should have done already to craft the
necessary rules and guidance to regulate CBD as a dietary supplement.
No regulatory system is perfect, but congressional intent has been
clear on hemp and CBD. The livelihoods of the farmers and agriculture
jobs hang in the balance. It is long past time the FDA and Congress
move forward with making CBD legal and safe for consumers.
{time} 1830
Mr. SIMPSON. Mr. Speaker, I support this amendment, and I encourage
my colleagues to support it also. I yield back the balance of my time.
Ms. DeLAURO. Mr. Speaker, for the reasons I spoke of earlier, I urge
a defeat of this amendment, and I yield back the balance of my time.
Ms. CHENEY. Mr. Speaker, I rise today to speak on my amendment, No.
89, drawing attention to the lack of funding for the Uranium Reserve
Program in this bill. I would like to thank the Rules committee for
making this amendment in order, although I was disappointed that many
other crucial amendments I supported will not be debated or voted on by
the full House, including many that would have preserved the
protections for unborn lives that have been included in every other
appropriations bill in recent memory.
The Department of Energy's Uranium Reserve Program is critical to
both our energy industry and national security. In the Fiscal Year 21
appropriations, this program was funded at 75 million dollars, but it
was not included this year at all. This program will play an important
role in reviving domestic uranium production and will bring new jobs to
states like Wyoming. Uranium, despite what this administration may
believe, is a critical mineral that is essential to our energy
security, armed forces, and strategic deterrence.
The Uranium Reserve Program was designed to address identified risks
to the unobligated uranium supply chain including the loss of domestic
uranium mining and enrichment capabilities, and defunding it will only
serve to make the United States more dependent on unreliable foreign
sources owned by China and Russia. This is not the time to expand our
reliance on these countries. Instead of stifling domestic production of
uranium, we should be expanding it.
I hope the Chair and Ranking Member will work with me, moving
forward, to ensure this important program receives adequate funding. I
hope eliminating the Uranium Reserve Program from this year's Energy
and Water appropriations was simply an oversight and the result of a
rushed, partisan process, and that this can be remedied before the
September 30 deadline.
The SPEAKER pro tempore. Pursuant to House Resolution 555, the
previous question is ordered on the amendments en bloc offered by the
gentlewoman from Connecticut (Ms. DeLauro).
The question is on the amendments en bloc.
The question was taken; and the Speaker pro tempore announced that
the noes appeared to have it.
Mr. SIMPSON. Mr. Speaker, on that I demand the yeas and nays.
The SPEAKER pro tempore. Pursuant to section 3(s) of House Resolution
8, the yeas and nays are ordered.
Pursuant to clause 8 of rule XX, further proceedings on this question
are postponed.
Amendment No. 29 Offered by Mrs. Lesko
The SPEAKER pro tempore. It is now in order to consider amendment No.
29 printed in part B of House Report 117-109.
Mrs. LESKO. Mr. Speaker, I have an amendment at the desk.
The SPEAKER pro tempore. The Clerk will designate the amendment.
The text of the amendment is as follows:
Strike section 316 of division A.
The SPEAKER pro tempore. Pursuant to House Resolution 555, the
gentlewoman from Arizona (Mrs. Lesko) and a Member opposed each will
control 5 minutes.
The Chair recognizes the gentlewoman from Arizona.
Mrs. LESKO. Mr. Speaker, I yield myself such time as I may consume.
My amendment strikes section 316.
Under current law, universities are already allowed to conduct
research on marijuana as long as the university gets approval from the
Drug Enforcement Agency and buys the marijuana from the University of
Mississippi, the DEA's approved provider.
Additionally, universities are currently required to comply with the
Drug-Free Schools and Communities Act which prohibits universities from
unlawfully manufacturing, distributing and dispensing, or possessing a
controlled substance. A violation of this law would result in a loss of
Federal funding.
Democrats want to change all of this. Section 316 allows universities
to skirt these requirements.
If universities are allowed to engage in cannabis growing and
research without any safeguards, who is to say that this provision
would not permit universities to offer a class called Pot Smoking 101,
dedicated to smoking pot under the false pretense of research.
Pushing for marijuana research in universities also fails to account
for the fact that because marijuana is a schedule I drug, Federal law
requires certain safeguards, including a limited-access room and a
specific storage safe for the drug.
My amendment allows for the withholding of Federal funds if
universities fail to implement these necessary safeguards. An
appropriations package is, quite simply, not the place for debate on a
legalization of or looser restrictions for marijuana.
My colleagues across the aisle are using this partisan package as a
roundabout way of legalizing marijuana without having any meaningful
debate about its classification as a schedule I drug or the effects
that the drug has on Americans' health.
This appropriations package should not be an opportunity to push an
agenda without meaningful debate about the consequences of legalizing a
schedule I drug.
Mr. Speaker, I urge my colleagues to support my amendment.
Ms. DeLAURO. Mr. Speaker, I rise in opposition to the amendment.
The SPEAKER pro tempore. The gentlewoman from Connecticut is
recognized for 5 minutes.
Ms. DeLAURO. Mr. Speaker, through scientific research, institutions
of higher education advance our understanding, advance our knowledge of
various aspects of our world, expands our knowledge. Without such
research, there would be limited scientific discovery and breakthroughs
helping to shape our daily lives.
As more States and localities move to legalize cannabis, including my
home State of Connecticut earlier this month, many institutions of
higher education are expanding the knowledge base on this controlled
substance, offering scientific information to better inform
decisionmaking and medical use.
What are its properties for medical use? I don't know. I am not a
scientist. I am not a medical professional. That is what science is
about, to expand our minds, to give us information about what
directions we ought to take.
In advancing our understanding of cannabis, many institutions fear
that they will lose access to Federal funding because of the Drug-Free
Schools and Communities Act, which, in part, prohibits the possession
of a controlled substance, including cannabis.
The underlying bill includes a provision to prohibit the Department
of Education from penalizing institutions of higher education that
conduct scientific research on marijuana. Evidence-based research
regarding cannabis ought to be encouraged in academic settings, not
discouraged. We should ensure that we broaden our understanding of
marijuana, not limit it.
Mr. Speaker, I reserve the balance of my time.
Mrs. LESKO. Mr. Speaker, universities are already allowed to do
research on marijuana as long as they follow DEA and other safety
guidelines.
The problem with inserting section 316 is it takes away those
safeguards,
[[Page H4074]]
so I would say that there should be no concern that my amendment will
stop research in universities.
In fact, universities are allowed to do it now and will continue to
do it, even if my amendment passes. It just is the case that right now,
there are safeguards. There has to be safeguards around a schedule I
drug, and if this bill, without my amendment, is passed, the safeguards
will be gone and that is the problem.
Mr. Speaker, I yield back the balance of my time.
Ms. DeLAURO. Mr. Speaker, I oppose the amendment, and I yield back
the balance of my time.
Mr. LEE of California. Mr. Speaker, I rise in opposition to this
amendment which strikes language that allows funds to go to
universities researching cannabis. We should not be afraid of data and
research. As Co-Chair of the Congressional Cannabis Caucus, we should
be encouraging expanding our knowledge--not limiting it.
Politicians should not be stifling academic freedom.
I am proud to represent California-13 which includes some of the best
research institutes in the country, UC Berkeley and Lawrence Berkeley
Labs. None of us should want to withhold funds from our institutions
and constituents because a university wants to do scientific research
on a plant. UC Berkeley has one of the only cannabis research centers
in the country and these prohibitions just tie the hands of our
professors, researchers, and students by imposing restrictions on
funding and essentially silencing them.
I urge my colleagues to vote no against this anti-science amendment
and to vote no against academic freedom.
The SPEAKER pro tempore. Pursuant to House Resolution 555, the
previous question is ordered on the amendment offered by the
gentlewoman from Arizona (Mrs. Lesko).
The question is on the amendment.
The question was taken; and the Speaker pro tempore announced that
the noes appear to have it.
Mrs. LESKO. Mr. Speaker, on that I demand the yeas and nays.
The SPEAKER pro tempore. Pursuant to section 3(s) of House Resolution
8, the yeas and nays are ordered.
Pursuant to clause 8 of rule XX, further proceedings on this question
are postponed.
Amendment No. 36 Offered by Ms. Ocasio-Cortez
The SPEAKER pro tempore. It is now in order to consider amendment No.
36 printed in part B of House Report 117-109.
Ms. OCASIO-CORTEZ. Mr. Speaker, I have an amendment at the desk.
The SPEAKER pro tempore. The Clerk will designate the amendment.
The text of the amendment is as follows:
Page 187, lines 11 through 22, strike section 507 of
division A.
The SPEAKER pro tempore. Pursuant to House Resolution 555, the
gentlewoman from New York (Ms. Ocasio-Cortez) and a Member opposed each
will control 5 minutes.
The Chair recognizes the gentlewoman from New York.
Ms. OCASIO-CORTEZ. Mr. Speaker, I present this amendment at the desk
today because for a very long period of time, the United States has and
continues to uphold obsolete and old provisions from the war on drugs.
This provision specifically has, for a very long period of time,
prevented and acted as a barricade to Federal research on certain
substances--such as psilocybin, MDMA, and marijuana--in allowing us to
research the applications and potential therapeutic applications of
these drugs in the treatment of diseases such as PTSD, addiction, and
depression.
We are long overdue and in a moment of reckoning to make sure that we
not only rectify the harms from the past but allow us to research the
potential medicinal applications of these substances. The first step in
doing that is ending and taking down some of these old provisional
barriers to research.
Mr. Speaker, I reserve the balance of my time.
Mr. BERGMAN. Mr. Speaker, I claim the time in opposition.
The SPEAKER pro tempore. The gentleman from Michigan is recognized
for 5 minutes.
Mr. BERGMAN. Mr. Speaker, I rise in opposition to the amendment.
We all know mental health is a major problem in our country.
According to the National Institutes of Health, approximately 50
million Americans from all walks of life suffer from a mental health
issue.
One such population extremely close to my heart is veterans. With
around 20 veteran and servicemember suicides per day, I consider one
death to be too many. The amendment before us, however, is trying to
solve a problem that, frankly, just doesn't exist.
There is plenty of research already being conducted featuring the use
of schedule I drugs to treat mental illness and addiction. The
amendment will do nothing to change this, despite its claims to the
contrary.
What the amendment will actually do is repeal an existing provision
that limits the use of funds to promote legalization of schedule I
drugs. The amendment also repeals a provision that specifically allows
Federal funds to be used to research the therapeutic uses of these
substances.
The stated purpose of this amendment, which is to support this
research on behalf of those who suffer from critical diseases, is
contradictory to the actual effect. Therefore, because of the
disingenuous nature and intent of this amendment, I urge my colleagues
to oppose it, and I yield back the balance of my time.
{time} 1845
Ms. OCASIO-CORTEZ. Mr. Speaker, briefly, I think one of the things
that is important to acknowledge is that to have such a broad and vague
provision in what qualifies as promotion, it includes research and, one
could argue, primarily affects scientific research to prevent us from
actually having the evidence to assess these substances for what they
are.
Currently, much of the research that is being conducted right now is
reliant on private funding, or the stigma and fear and the chilling
effect associated with having these provisions on the books, which are
largely unnecessary, prevents such critical research from being funded.
Mr. Speaker, I yield 2 minutes to the gentleman from California (Mr.
Correa), my colleague.
Mr. CORREA. Mr. Speaker, I also rise in strong support of this
measure, and I also have the veterans very near and dear to my heart.
Mr. Speaker, 15 years ago, I started my quest to help veterans deal
with those invisible wounds that they bring back from the battlefield,
PTSD and other mental issues that they bring back with them and carry
with them on a day-to-day basis.
As the chair of the California Committee on Veteran Affairs, I held
hearings. I kept getting veterans saying: We prefer cannabis to opioid
medication. We want the VA to give us cannabis. We don't want opioids.
I soon discovered that there was no medical research anywhere to
determine what cannabis was good for and what it was not good for.
Today, as a Member of Congress, I have attempted to pass legislation
year after year mandating that the VA do research, conduct research
into the medical benefits of cannabis, and we scored zero.
This amendment is simple. It is about saying let's do medical
research into the benefits of cannabis and other drugs that our
veterans are taking that they say are good for them. Let's not take
away from our veterans the ability to have the medications they prefer.
Mr. Speaker, I strongly support this measure. Let's do it for our
veterans. Let's do it for their welfare. Let's do it for scientific
research.
Mr. Speaker, I ask my colleagues to please support this measure.
Mr. BERGMAN. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I appreciate the passion and the articulate response of
my colleague. I have had the honor to serve with him, and we agree on
the vulnerability of veterans. In fact, a year-plus ago, we tried to
move the IMPROVE Act through the Committee on Veterans' Affairs to try
to look at different ways to provide opportunities to bring veterans
into the VA healthcare system so we could identify them and treat their
addiction. It wasn't necessarily about the research of the product. It
was the research of the veteran as a whole, the veteran's
vulnerability.
Mr. Speaker, it was painful in the committee setting to have the
IMPROVE Act disapproved when, at the same time, that same committee
authorized equine therapy.
[[Page H4075]]
As Dr. Phil Roe said at the time, this a first for the Committee on
Veterans' Affairs. We have not allowed people to treat veterans, but we
are allowing horses to treat veterans.
The point is, we are looking to do something here via this amendment
that does not solve an existing problem. We need to have the outreach,
the research, but we also need to have the human side to make sure that
we connect all the dots for the betterment of the veterans' mental
health.
Mr. Speaker, I reserve the balance of my time.
Ms. OCASIO-CORTEZ. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, with acknowledgment of that point, I think many of us
have a shared outcome and a shared goal here, which is to help people
who are hurting.
Right now, more than 40,000 people die in the United States of opioid
overdoses annually. At least one in two PTSD patients cannot tolerate
or do not respond adequately to existing treatment. We have promising
indications that certain drugs that, frankly, are unjustly, in my
opinion, placed on a schedule I list have promising outcomes for people
who are suffering from PTSD, including our veterans.
We have to have the research in order to develop these holistic,
whole person treatments. That research deserves to be in the realm of
the public. That research deserves to be eligible for public funding. A
blanket, vague ban that was borne out of fear and the paranoia of the
war on drugs should not be defining the limits of our ability to act
responsibly today.
Mr. Speaker, I reserve the balance of my time.
Mr. BERGMAN. Mr. Speaker, the amendment before us, as it has been
presented, is trying to solve a problem that doesn't exist, as stated.
There is ample research already being conducted featuring the use of
schedule I drugs to treat mental illness and addiction. The amendment,
as presented, will do nothing to change this, despite the claims to the
contrary.
Mr. Speaker, I urge my colleagues to not support or, said a different
way, to oppose the amendment, and I reserve the balance of my time.
Ms. OCASIO-CORTEZ. Mr. Speaker, to that point, I believe that this
problem does very much exist. Much of the research that is being
conducted today must rely on private funding, and we cannot allow for
that to be limited in its scope.
If we only allow corporations or if we only allow well-moneyed
interests and wealthy interests to have a monopoly on the ability to
research these drugs, we are not acting and really fully using the
resources of the public in order to determine the full benefits that
could be possible.
Mr. Speaker, I yield back the balance of my time.
Mr. BERGMAN. Mr. Speaker, as a veteran and one who served the country
for 40-plus years in uniform, the bond we have as veterans goes deeper
than anyone could imagine. The worst thing that can happen, as has
happened in my family, is to have a loved one and a veteran take their
own life. I have decades, unfortunately, of family experience in this.
Because of that, my passion for stating opposition to this amendment
goes unabated.
Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. Pursuant to House Resolution 555, the
previous question is ordered on the amendment offered by the
gentlewoman from New York (Ms. Ocasio-Cortez).
The question is on the amendment.
The question was taken; and the Speaker pro tempore announced that
the ayes appear to have it.
Mr. BERGMAN. Mr. Speaker, on that I demand the yeas and nays.
The SPEAKER pro tempore. Pursuant to section 3(s) of House Resolution
8, the yeas and nays are ordered.
Pursuant to clause 8 of rule XX, further proceedings on this question
are postponed.
Amendments En Bloc No. 5 Offered by Ms. DeLauro of Connecticut
Ms. DeLAURO. Mr. Speaker, pursuant to House Resolution 555, I offer
amendments en bloc.
The SPEAKER pro tempore. The Clerk will designate the amendments en
bloc.
Amendments en bloc 5 consisting of amendment Nos. 110, 111, 112, 113,
116, 120, 125, 126, 128, 129, 131, 140, 142, 144, 151, 155, 158, 160,
162, 164, 165, 166, 169, 174, 176, 177, 178, 179, 180, 183, 184, 186,
187, 188, 189, 190, 192, 193, 194, 195, 196, 197, 198, 199, 200, 201,
202, 203, 204, 205, 206, 209, 223, 224, 225, 227, and 228, printed in
part B of House Report 117-109, offered by Ms. DeLauro of Connecticut:
Amendment No. 110 Offered by Mrs. Beatty of Ohio
Page 373, line 19, after the dollar amount, insert
``(reduced by $20)''.
Page 373, line 19, after the dollar amount, insert
``(increased by $20)''.
Amendment No. 111 Offered by Mr. Cawthorn of North Carolina
Page 443, line 9, after the dollar amount, insert
``(increased by $1,000,000)''.
Page 443, line 10, after the dollar amount, insert
``(increased by $1,000,000)''.
Amendment No. 112 Offered by Mr. Crow of Colorado
Page 449, line 8, after the dollar amount, insert
``(reduced by $8,200,000)''.
Page 452, line 5, after the dollar amount, insert
``(reduced by $8,200,000)''.
Page 476, line 13, after the dollar amount, insert
``(increased by $8,200,000)''.
Amendment No. 113 Offered by Ms. Dean of Pennsylvania
Page 382, line 14, after the dollar amount, insert
``(increased by $2,000,000)''.
Amendment No. 116 Offered by Mr. Gomez of California
Page 449, line 8, after the dollar amount, insert
``(reduced by $5,000,000)''.
Page 452, line 7, after the dollar amount, insert
``(reduced by $5,000,000)''.
Page 476, line 13, after the dollar amount, insert
``(increased by $5,000,000)''.
Page 476, line 14, after the dollar amount, insert
``(increased by $5,000,000)''.
Amendment No. 120 Offered by Mr. Graves of Louisiana
Page 478, line 21, insert ``(reduced by $1,000,000)
(increased by $1,000,000)'' after ``$178,000,000''.
Amendment No. 125 Offered by Mr. Huizenga of Michigan
At the end of division D (before the short title), insert
the following:
TITLE IX--ADDITIONAL PROVISIONS
Sec. 901. None of the funds made available by this Act may
be used to fill a vacancy on the Public Company Accounting
Oversight Board under section 101(e)(4) of the Sarbanes-Oxley
Act of 2002 (15 U.S.C. 7211(e)(4)) until the date on which
the Commission issues the rule required under section
104(i)(4) of such Act (15 U.S.C. 7214(i)(4)), as added by the
Holding Foreign Companies Accountable Act.
Amendment No. 126 Offered by Mr. Jackson of Texas
Page 393, line 24, insert before the period at the end the
following: ``, including any political affiliation''.
Amendment No. 128 Offered by Mr. Keller of Pennsylvania
Page 465, line 13, after the first dollar amount, insert
``(increased by $5,000,000) (reduced by $5,000,000)''.
Amendment No. 129 Offered by Mr. Langevin of Rhode Island
Page 408, line 7, after the first dollar amount, insert
``(increased by $6,250,000)''.
Page 449, line 8, after the dollar amount, insert
``(reduced by $6,250,000)''.
Page 452, line 5, after the dollar amount, insert
``(reduced by $6,250,00)''.
amendment no. 131 offered by mr. sean patrick maloney of new york
Page 475, line 17, insert ``(reduced by
$1,000,000)(increased by $1,000,000)'' after the first dollar
amount.
amendment no. 140 offered by ms. velazquez of new york
Page 477, line 21, strike ``$7,500,000,000'' and insert
``$8,250,000,000''.
amendment no. 142 offered by ms. barragan of california
Page 598, line 7, after the dollar amount, insert
``(reduced by $1,000,000)''.
Page 640, line 7, after the dollar amount, insert
``(increased by $1,000,000)''.
Page 648, line 14, after the dollar amount, insert
``(increased by $1,000,000)''.
amendment no. 144 offered by mr. buchanan of florida
Page 564, line 23, after the first dollar amount, insert
``(increased by $2,000,000)''.
Page 598, line 7, after the first dollar amount, insert
``(reduced by $2,000,000)''.
amendment no. 151 offered by miss gonzalez-colon of puerto rico
Division E, page 576, line 17, after the dollar amount,
insert ``(decreased by $650,000) (increased by $650,000)''.
amendment no. 155 offered by mr. hudson of north carolina
Page 663, line 23, after the first dollar amount, insert
``(reduced by $153,302,000)(increased by $153,302,000)''.
amendment no. 158 offered by mr. johnson of south dakota
Page 661, line 25, after the dollar amount, insert
``(increased by $2,000,000)''.
Page 662, line 7, after the dollar amount, insert
``(increased by $2,000,000)''.
Page 663, line 23, after the dollar amount, insert
``(reduced by $3,000,000)''.
[[Page H4076]]
amendment no. 160 offered by mr. mccarthy of california
Page 661, line 25, after the dollar amount, insert
``(reduced by $13,050,000) (increased by $13,050,000)''.
amendment no. 162 offered by mr. mckinley of west virginia
Page 640, line 12, after the dollar amount, insert
``(reduced by $8,804,000) (increased by $8,804,000)''.
amendment no. 164 offered by mr. nadler of new york
Division E, page 598, line 7, after the dollar amount,
insert ``(reduced by $3,000,000) (increased by $3,000,000)''.
amendment no. 165 offered by mrs. napolitano of california
Page 637, line 6, after the dollar amount, insert
``(reduced by $2,000,000)(increased by $2,000,000)''.
amendment no. 166 offered by mr. neguse of colorado
Page 598, line 7, after the dollar amount, insert
``(reduced by $2,000,000)''.
Page 604, line 2, after the dollar amount, insert
``(increased by $1,000,000)''.
Page 666, line 15, after the dollar amount, insert
``(increased by $1,000,000)''.
amendment no. 169 offered by mr. o'halleran of arizona
Page 590, line 24, after the dollar amount, insert
``(reduced by $5,000,000)(increased by $5,000,000)''.
amendment no. 174 offered by mr. raskin of maryland
Page 611, line 8, after the dollar amount, insert
``(reduced by $2,000,000)''.
Page 699, line 24, after the first dollar amount, insert
``(increased by $2,000,000)''.
amendment no. 176 offered by ms. salazar of florida
Page 576, line 17, after the dollar amount, insert
``(increased by $5,000,000)(reduced by $5,000,000)''.
amendment no. 177 offered by ms. schrier of washington
Page 598, line 7, after the dollar amount, insert
``(reduced by $2,000,000)''.
Page 604, line 2, after the dollar amount, insert
``(increased by $2,000,000)''.
amendment no. 178 offered by mr. schweikert of arizona
Page 637, line 6, after the dollar amount, insert
``(reduced by $1,000,000)(increased by $1,000,000)''.
amendment no. 179 offered by ms. sherrill of new jersey
Page 576, line 17, after the dollar amount, insert
``(increased by $2,000,000)''.
Page 598, line 7, after the dollar amount, insert
``(reduced by $2,000,000)''.
amendment no. 180 offered by ms. slotkin of michigan
Page 699, line 24, after the first dollar amount, insert
``(increased by $1,000,000)(reduced by $1,000,000)''.
amendment no. 183 offered by mr. swalwell of california
Page 576, line 17, after the dollar amount, insert
``(increased by $2,000,000)''.
Page 598, line 7, after the dollar amount, insert
``(reduced by $2,000,000)''.
AMENDMENT NO. 184 OFFERED BY MR. WALBERG OF MICHIGAN
Page 598, line 7, after the dollar amount, insert
``(reduced by $2,000,000)''.
Page 636, line 12, after the dollar amount, insert
``(increased by $2,000,000)''.
AMENDMENT NO. 186 OFFERED BY MR. BARR OF KENTUCKY
Page 755, line 17, after the dollar amount, insert
``(increased by $5,000,000)''.
Page 757, line 2, after the dollar amount, insert
``(reduced by $5,000,000)''.
AMENDMENT NO. 187 OFFERED BY MR. BUCHANAN OF FLORIDA
Page 754, line 9, after the first dollar amount, insert
``(reduced by $2,000,000)''.
Page 759, line 1, after the first dollar amount, insert
``(increased by $2,000,000)''.
AMENDMENT NO. 188 OFFERED BY MR. CARBAJAL OF CALIFORNIA
Page 755, line 17, after the dollar amount, insert
``(increased by $5,000,000)(reduced by $5,000,000)''.
AMENDMENT NO. 189 OFFERED BY MS. ESCOBAR OF TEXAS
Page 726, line 14, after the dollar amount, insert
``(reduced by $898,692,000)(increased by $898,692,000)''.
AMENDMENT NO. 190 OFFERED BY MR. GREEN OF TENNESSEE
Page 748, line 4, after the dollar amount insert the
following: ``(increased by $90,200,000) (reduced by
$90,200,000)''.
AMENDMENT NO. 192 OFFERED BY MRS. HARTZLER OF MISSOURI
Page 755, line 17, after the dollar amount, insert
``(reduced by $5,000,000)(increased by $5,000,000)''.
AMENDMENT NO. 193 OFFERED BY MR. HILL OF ARKANSAS
Page 760, line 4, after the dollar amount, insert
``(increased by $1,000,000)''.
Page 761, line 4, after the dollar amount, insert
``(reduced by $1,000,000)''.
Page 761, line 5, after the dollar amount, insert
``(reduced by $1,000,000)''.
AMENDMENT NO. 194 OFFERED BY MR. HORSFORD OF NEVADA
Page 728, line 5, after the dollar amount, insert
``(reduced by $2,000,000)(increased by $2,000,000)''.
AMENDMENT NO. 195 OFFERED BY MR. HORSFORD OF NEVADA
Page 729, line 24, after the dollar amount, insert
``(reduced by $5,000,000)(increased by $5,000,000)''.
AMENDMENT NO. 196 OFFERED BY MR. LATTA OF OHIO
Page 760, line 4, after the dollar amount, insert
``(reduced by $1,000,000) (increased by $1,000,000)''.
AMENDMENT NO. 197 OFFERED BY MR. MCCARTHY OF CALIFORNIA
Page 752, line 5, after the dollar amount, insert
``(increased by $45,000,000)(reduced by $45,000,000)''.
AMENDMENT NO. 198 OFFERED BY MR. PANETTA OF CALIFORNIA
Page 729, line 24, after the dollar amount, insert
``(reduced by $4,000,000)(increased by $4,000,000)''.
AMENDMENT NO. 199 OFFERED BY MR. PANETTA OF CALIFORNIA
Page 729, line 24, after the dollar amount, insert
``(reduced by $1,000,000)(increased by $1,000,000)''.
AMENDMENT NO. 200 OFFERED BY MR. PFLUGER OF TEXAS
Page 728, line 5, after the dollar amount, insert
``(reduced by $45,000,000)(increased by $45,000,000)''.
AMENDMENT NO. 201 OFFERED BY MS. SHERRILL OF NEW JERSEY
Page 755, line 17, after the dollar amount, insert
``(reduced by $10,000,000)(increased by $10,000,000)''.
AMENDMENT NO. 202 OFFERED BY MS. SHERRILL OF NEW JERSEY
Page 755, line 17, after the dollar amount, insert
``(increased by $1,000,000)''.
Page 760, line 4, after the dollar amount, insert
``(decreased by $1,000,000)''.
AMENDMENT NO. 203 OFFERED BY MS. SPEIER OF CALIFORNIA
Page 726, line 14, after the dollar amount, insert
``(increased by $15,000,000,000)(reduced by
$15,000,000,000)''.
AMENDMENT NO. 204 OFFERED BY MR. STEIL OF WISCONSIN
Page 763, line 10, after the dollar amount, insert
``(reduced by $1,000,000)''.
Page 763, line 10, after the dollar amount, insert
``(increased by $1,000,000)''.
AMENDMENT NO. 205 OFFERED BY MS. ADAMS OF NORTH CAROLINA
Page 908, line 6, after the first dollar amount, insert
``(reduced by $2,000,000)''.
Page 908, line 15, after the first dollar amount, insert
``(reduced by $2,000,000)''.
Page 943, line 6, after the first dollar amount, insert
``(increased by $2,000,000)''.
Page 945, line 1, after the first dollar amount, insert
``(increased by $1,00,000)''.
Page 945, line 9, after the first dollar amount, insert
``(increased by $1,000,000)''.
AMENDMENT NO. 206 OFFERED BY MR. ALLRED OF TEXAS
Page 837, line 14, after the dollar amount, insert
``(reduced by $1,000,000) (increased by $1,000,000)''.
AMENDMENT NO. 209 OFFERED BY MR. CICILLINE OF RHODE ISLAND
Page 837, line 25, after the dollar amount, insert
``(increased by $55,000,000)(reduced by $55,000,000)''.
AMENDMENT NO. 223 OFFERED BY MR. KAHELE OF HAWAII
Strike section 413 of the bill and insert the following:
Sec. 413. None of the funds made available by this Act may
be used to approve a new foreign air carrier permit under
sections 41301 through 41305 of title 49, United States Code,
or exemption application under section 40109 of that title,
where such approval would contravene section 40101 (a)(5) and
(15) of title 49, United States Code.
AMENDMENT NO. 224 OFFERED BY MR. SEAN P. MALONEY OF NEW YORK
Page 960, line 21, after the dollar amount, insert
``(reduced by $2,000,000) (increased by $2,000,000)''.
AMENDMENT NO. 225 OFFERED BY MS. NORTON OF DISTRICT OF COLUMBIA
Page 822, line 15, after the dollar amount, insert
``(reduced by $1)(increased by $1)''.
AMENDMENT NO. 227 OFFERED BY MS. SCHRIER OF WASHINGTON
Page 1018, line 11, after the first dollar amount, insert
``(reduced by $1)(increased by $1)''.
AMENDMENT NO. 228 OFFERED BY MS. SHERRILL OF NEW JERSEY
Page 871, line 10, after the dollar amount, insert
``(reduced by $5,000,000) (increased by $5,000,000)''.
The SPEAKER pro tempore. Pursuant to House Resolution 555, the
gentlewoman from Connecticut (Ms. DeLauro) and the gentleman from Idaho
(Mr. Simpson) each will control 15 minutes.
The Chair recognizes the gentlewoman from Connecticut.
Modification to Amendments En Bloc No. 5 Offered by Ms. DeLauro of
Connecticut
Ms. DeLAURO. Mr. Speaker, I ask unanimous consent that amendment Nos.
129 and 205 printed in part B of House Report 117-109 be modified in
the form I have placed at the desk.
[[Page H4077]]
The SPEAKER pro tempore. The Clerk will report the modifications.
The Clerk read as follows:
Amendment No. 129 modification offered by Ms. DeLauro of Connecticut:
Page 408, line 7, after the first dollar amount, insert
``(increased by $6,250,000)''.
Page 449, line 8, after the dollar amount, insert
``(reduced by $6,250,000)''.
Page 452, line 5, after the dollar amount, insert
``(reduced by $6,250,000)''.
Amendment No. 205 modification offered by Ms. DeLauro of Connecticut:
Page 908, line 6, after the first dollar amount, insert
``(reduced by $2,000,000)''.
Page 908, line 15, after the first dollar amount, insert
``(reduced by $2,000,000)''.
Page 943, line 6, after the first dollar amount, insert
``(increased by $2,000,000)''.
Page 945, line 1, after the first dollar amount, insert
``(increased by $1,000,000)''.
Page 945, line 9, after the first dollar amount, insert
``(increased by $1,000,000)''.
The SPEAKER pro tempore. Is there objection to the request of the
gentlewoman from Connecticut?
There was no objection.
The SPEAKER pro tempore. The amendments are modified.
Ms. DeLAURO. Mr. Speaker, I yield 1 minute to the gentlewoman from
California (Ms. Pelosi), the Speaker of the House.
Ms. PELOSI. Mr. Speaker, I thank the gentlewoman from Connecticut for
yielding. I am just in awe of her virtuoso presentation of this
legislation for the people.
I thank the chairwoman for the mastery of the subject matter, for the
strategic plan that she had to bring it to the floor, for her
collaboration with her subcommittee chairs as well as the chairs of the
subcommittees of authorization. I congratulate and thank her. I thank
her for the children.
Mr. Speaker, this package puts working families first. It does so by
prioritizing jobs, laying the foundation to create hundreds of
thousands of good-paying jobs, including by rebuilding the
infrastructure, including surface transportation and water
infrastructure to get the lead out; advancing the clean energy economy
of the future; and launching workforce training for the 21st century.
And it puts working families first by investing in our children.
Again and again, when people ask me what the three most important
issues facing the Congress are, I always say the same thing, our
children, our children, our children, and their health; their
education; the economic security of their families; a clean, safe
environment in which they can thrive; a world at peace in which they
can reach their fulfillment.
This legislation addresses many of these priorities.
Mr. Speaker, children's health is protected with child nutrition
initiatives, including SNAP and WIC, serving tens of millions of hungry
kids.
{time} 1900
I remember when the stories were written about the first community
health centers, the person who was the leader in all of that was
spending some health money on food, and the Federal Government said:
That is supposed to be for prescription drugs and not for food.
He responded: Food is what makes our children healthy.
So I thank the gentlewoman for the nutrition sections in here.
The health of the family is also protected by support for public
health initiatives for maternal and child health, as well as research
to fight future pandemics and to head off future pandemics.
Our children's education is advanced by ensuring that K-12 schools
have resources they need, including with historic investments in title
1, and higher education is advanced in Pell grants and other financial
assistance and funding for minority-serving institutions, our HBCUs,
our Hispanic-serving institutions, and our institutions that help our
Native-American institutions of higher learning.
I think it is really important to note--and I thank the chairwoman
for recognizing this--that when we talk about the investments we make
in an appropriations bill, it is important to note that this is not
increasing the national debt--nothing.
Mr. Speaker, economists will tell you nothing brings more money to
the Treasury than the education of the American people. Earliest
childhood, K-12, higher ed, post-grad, lifetime learning for our
workers--nothing brings more money. So I thank the gentlewoman for this
fiscally responsible initiative.
In terms of the economic security of our children and families, these
bills make strong investments in rental, homeowner, and other housing
initiatives, including low-income households, and in combating
homelessness, and they address economic disparities facing families.
Indeed, this appropriation package puts justice and equity front and
center. We are proud of its provisions to combat injustice and economic
opportunities, pollution and the environment, health and more.
This package is also about our children's future in another respect.
It confronts the climate crisis by expanding environmental enforcement
efforts, creating a Civilian Climate Corps and launching a renewed
focus on protecting our cherished scenic places and expanding local
parks in communities across the country for our families to enjoy. It
sets us on a course for an affordable, secure, and clean energy future
by investing over $14 billion in clean energy and science which will
also create thousands of green jobs.
Also, so importantly, this package honors our responsibility to our
veterans, their families, and their caregivers. These bills contain
robust funding for veterans' healthcare including women's health, women
veterans' health, mental health, and homelessness assistance. It will
help veterans transition to civilian life with economic opportunities
worthy of their service.
We always say that we owe so much to our men and women in uniform and
to our veterans. We owe them so much to meet their needs, but we also
owe them a debt of gratitude by building a future worthy of their
sacrifice. This bill also builds vital military infrastructure,
including military housing, childcare centers, and VA facilities.
This week, as we advance these appropriations bills, Congress will
continue our work to advance infrastructure and budget reconciliation
bills that meet the needs of the American people separate from the
appropriations bills. In all that we do, Democrats are for the people
and building back better by investing in America with jobs,
opportunity, and progress for families.
Mr. Speaker, I urge a strong vote for this important and impactful
appropriations bill of which the Congress and the country can all be
proud with great gratitude to Madam Chair, Congresswoman DeLauro, for
her leadership and all the members of her team.
Mr. SIMPSON. Mr. Speaker, I yield such time as he may consume to the
gentleman from Oklahoma (Mr. Cole) for a unanimous consent request.
Mr. COLE. Mr. Speaker, I ask unanimous consent to include the text of
the amendment in the Record immediately prior to the vote on the motion
to recommit.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Oklahoma?
There was no objection.
Mr. SIMPSON. Mr. Speaker, I yield 2 minutes to the gentleman from
Texas (Mr. Jackson).
Mr. JACKSON. Mr. Speaker, I rise today in support of my amendment to
H.R. 4502, which would block the IRS from targeting people or groups
based on their political beliefs.
Unelected bureaucrats at the IRS have a history of weaponizing their
power to go after conservatives. Mr. Speaker, you may recall the Lois
Lerner scandal that happened during the Obama-Biden administration. In
that case, the IRS targeted conservative groups by subjecting their
application for tax-exempt status to increased and unnecessary
scrutiny, effectively trying to silence their political beliefs.
Now, as President Biden, Joe Biden, has made it clear, his
administration will weaponize big tech to go after conservatives, too.
There is a trend here, and Congress must act. People and organizations
should not be silenced because of their political beliefs.
If it can happen to conservatives, then it can happen to liberals
too, so every Member in this body has a duty to protect their
constituents from potential IRS abuse. My amendment would help make
sure things like the Lois Lerner scandal never happen again at the IRS.
[[Page H4078]]
Mr. Speaker, I ask my colleagues to join me in voting for this
commonsense amendment.
Ms. DeLauro. Mr. Speaker, I yield myself 45 seconds.
Mr. Speaker, the amendments en bloc includes a number of proposals
offered by Members on both sides of the aisle. It includes amendments
offered by Democrats and Republicans, and several offered jointly by
Members of both parties on which the vast majority of this body can
agree.
Mr. Speaker, I urge support for this bipartisan amendments en bloc,
and I reserve the balance of my time.
Mr. SIMPSON. Mr. Speaker, I yield 2 minutes to the gentlewoman from
Puerto Rico (Miss Gonzalez-Colon).
Miss GONZALEZ-COLON of Puerto Rico. Mr. Speaker, I rise in support of
my amendment No. 151, which seeks to provide an additional $650,000 to
the U.S. Geological Survey to accelerate updating the seismic hazard
model for Puerto Rico and the U.S. Virgin Islands. The corresponding
offset would come from a small portion of the increase to transition
the U.S. Geological Survey fleet to zero emission vehicles, which falls
under the same account.
The National Seismic Hazard Model describes the potential impacts of
earthquakes nationwide and serves as the basis for seismic provisions
in building codes. While the U.S. Geological Survey office last updated
the model for the 48 contiguous States in 2018, it has not updated the
models for Alaska since 2007, for Hawaii since 1998, and for Puerto
Rico and U.S. Virgin Islands since 2003.
The U.S. Geological Survey has begun updating the models for Alaska
and Hawaii, which will be released with the next update of the National
Seismic Hazard Model in 2023. Unfortunately, there is not enough time
to update the models for Puerto Rico and the U.S. Virgin Islands. That
is the reason this amendment will provide the initial funds needed to
permit the U.S. Geological Survey to complete Puerto Rico and the U.S.
Virgin Islands update within 3 years, by 2024.
In Puerto Rico we know firsthand the devastating impact earthquakes
can have, as we saw last year in the southern part of the island where
most of the schools were destroyed as well as infrastructure. Updating
the hazard model is, therefore, urgent and crucial to saving lives and
ensuring that we have the necessary tools to prepare for future seismic
events.
Mr. Speaker, that is the reason I urge my colleagues to support the
amendment.
Ms. DeLAURO. Mr. Speaker, I yield 3 minutes to the gentleman from
Rhode Island (Mr. Langevin).
Mr. LANGEVIN. Mr. Speaker, I thank the gentlewoman for yielding.
Mr. Speaker, I rise in strong support of the en bloc package which
includes my amendment, Langevin No. 129, to the Financial Services and
General Government Division.
I would like to begin by thanking Chairman Quigley of that
subcommittee for his support of the amendment and my good friend and
fellow Cyberspace Solarium Commissioner, Congressman Mike Gallagher,
for cosponsoring the amendment.
Mr. Speaker, this is a simple amendment. It increases funding for the
Office of the National Cyber Director to $25 million, the full amount
recommended by the Cyberspace Solarium Commission which was created in
last year's NDAA. Its charge was to create an overarching strategy to
better protect the United States against cyberattacks of significant
consequence.
Creating the position of the National Cyber Director has been a
passion of mine for more than a decade. It finally happened last year,
and I have long argued that we need a head coach to coordinate all of
the various cyber players in the Federal Government, and the NCD does
just that.
Chris Inglis, who started earlier this month, is the Nation's first
Senate-confirmed National Cyber Director, and he is exactly the right
person to ensure that we effectively implement a national cyber
strategy to protect us from the ever-growing threats that we face in
cyberspace.
But, Mr. Speaker, he can't do his job without an office to support
him. So this amendment will ensure that Director Inglis has the staff
he needs to fulfill his statutory obligations to review agency cyber
budgets, lead the development of cybersecurity policy, and coordinate
incident response.
So I appreciate, again, the support of Chairman Quigley and the
overall Appropriations Committee led by Congresswoman Rosa DeLauro.
Mr. Speaker, this is an important amendment, and I urge my colleagues
to support the amendments en bloc and the underlying bill.
Mr. SIMPSON. Mr. Speaker, I reserve the balance of my time.
Ms. DeLAURO. Mr. Speaker, I yield 3 minutes to the gentleman from
Hawaii (Mr. Kahele).
Mr. KAHELE. Mr. Speaker, first, I thank the appropriations chair, Ms.
DeLauro, and Ranking Member Granger for their leadership in bringing
these appropriations bills to the floor.
I rise before you today, Mr. Speaker, to speak on behalf of my
bipartisan amendment co-led by Representatives Ferguson, Davis,
Fitzpatrick, and Bergman.
For the last 10 years, some foreign airlines have sought to undermine
international standards, the rights of U.S. workers, and to erode the
competitiveness of our U.S. domestic airlines. These foreign airlines
are unfairly using atypical business practices to register their
airline away from its home country in more convenient locations to find
countries with more permissive legal, regulatory, labor, and safety
standards which creates a serious disadvantage for our U.S. workers and
carriers, as well as undermines the safety standards the U.S. has
worked so hard to cultivate.
Commercial aviation contributes over 5 percent to the U.S. GDP and
supports hundreds of thousands of good-paying jobs. My bipartisan
amendment seeks to prevent flags of convenience airlines from
undercutting U.S. jobs by ensuring that no Federal funds can be used to
approve a new foreign air carrier permit unless certain conditions are
met, including evaluating if it is in the best public interest.
This commonsense amendment, Mr. Speaker, will enable the Department
of Transportation to prevent foreign airlines that use atypical or
flags of convenience business models from flying to and from the United
States which will support American jobs, American workers, and the U.S.
airline industry.
Mr. SIMPSON. Mr. Speaker, I reserve the balance of my time.
Ms. DeLAURO. Mr. Speaker, I yield 3 minutes to the gentlewoman from
California (Ms. Speier).
Ms. SPEIER. Mr. Speaker, I thank the chair of the Appropriations
Committee whom I deeply adore.
Mr. Speaker, I rise in support of my amendment which highlights the
Defense Department's abject failure to maintain its child development
centers and its barracks and the need for a $15 billion investment.
Our associates in the department and the generals all talk about how
important it is to take care of the whole servicemember. I always say
that when a servicemember serves, so does his or her family.
Now, we know by their own admission that there are 135 childcare
centers that are in either poor or failing condition, and we have more
than 9,000 families with children on waiting lists in the military.
But having all that knowledge, Mr. Speaker, you would think that they
would elevate this issue. But only one childcare center has been
considered in their budget request. There are 135 that are poor or
failing, and they chose to only fund one.
While the Army announced with great fanfare some time ago a $10
billion, 10-year project to replace substandard barracks, that would
require $1 billion a year in which they would invest in barracks, but
they have only committed and requested $262 million--they are clearly,
not on track to complete this $10 billion project over 10 years.
{time} 1915
I thank the Appropriations Committee for adding $300 million for
barracks and child care centers over the Department's request, but this
does not excuse the military from its responsible. Talk is cheap.
Action is what we want to see.
Mr. Speaker, I call on the Department to do a better job in the next
year's budget. I urge my colleagues to
[[Page H4079]]
include $15 billion for these quality of life matters for our military
families in the forthcoming reconciliation package.
Mr. SIMPSON. Mr. Speaker, I reserve the balance of my time.
Ms. DeLAURO. Mr. Speaker, I yield 3 minutes to the gentlewoman from
Washington (Ms. Schrier).
Ms. SCHRIER. Mr. Speaker, wildfires in Washington State have been
increasing in intensity and scale every year for the past few years,
and our State and local fire departments are being called to respond
like never before.
Last year, Kittitas County, a county in my district, worked together
with a neighboring district, closely together, to put out the Evans
Creek fire. And both counties joined forces, they prevented tremendous
damage, stopped the fire.
However, only one county received Federal reimbursement money to help
them pay the expenses; the other one is now left almost destitute
having blown out their budget. So the money followed the county lines,
not the fire lines.
So my amendment ensures that small municipalities can get Federal
reimbursement funds after fighting wildfires, regardless of where those
county lines are. It will direct the Wildland Fire Leadership Council
to provide recommendations on addressing interjurisdictional fire
reimbursement challenges like this one and provide some clarity.
As we face increasingly catastrophic wildfire seasons each year,
stepping up to help a neighboring county should be encouraged. And a
fairer distribution of Federal reimbursement distribution dollars would
do just that.
This is a commonsense amendment, and I urge my colleagues to support
its adoption.
For months, exporters in my district have struggled to get their
crops overseas because foreign-owned carriers are taking empty
containers back to China rather than waiting for our growers to load
their crops. This is threatening decades-long trade relationships
across the Pacific.
These large multination corporations control all overseas
transportation, and exporters really have no power. My amendment
directs the Federal Maritime Commission to enhance assistance to U.S.
exporters and importers both informally and affordably and without the
need to hire lawyers.
Getting U.S. goods to market in a timely fashion can affect the
success of an entire growing season for farmers and for producers. This
issue affects not just Washington State, it affects farmers across the
country and the lack of shipping container availability is an issue at
all U.S. ports.
It is time to give exporters more support to ensure their goods can
get to market in time.
Mr. SIMPSON. Mr. Speaker, we support the amendment and would
encourage our colleagues to vote for it, and I yield back the balance
of my time.
Ms. DeLAURO. Mr. Speaker, I would just say I support the amendment,
and I yield back the balance of my time.
Mr. SWALWELL. Mr. Speaker, I rise in support of my bipartisan
amendment to Division E of H.R. 4502, offered with Congressmen Guy
Reschenthaler and Vincente Gonzalez, number 183 and part of en bloc
package number five, which would increase funds for the United States
Geological Survey (USGS) by $2,000,000 and decrease funding for the
Secretary of the Interior, Departmental Operations, by the same amount.
Since my first term in Congress I have worked diligently to decrease
our reliance on foreign sources of elements and minerals critical for
certain energy applications. These materials are especially important
for our clean energy future, used in products like electric vehicles
and wind turbines among many others. Legislation I introduced on this
subject, the Securing Energy Critical Elements and American Jobs Act,
was the basis for a robust domestic research and development program on
energy critical materials signed into law as Sections 7001 and 7002 of
the Energy Act of 2020 (Division Z of the Consolidated Appropriations
Act, 2021 (Public Law 116-260)).
Sections 7001 and 7002 authorize a total of $208 million for this
program in fiscal year 2022. Of that, $158 million is for Department of
Energy (DOE) work. I want to thank the Energy and Water and Related
Agencies Appropriations Subcommittee for providing the needed funds and
for citing to Sections 7001 and 7002 of the Energy Act of 2020 in its
committee report when describing what DOE is to do in this area.
The remainder, $50 million, essentially is for activities to be
undertaken by or with the Department of Interior or USGS, and those
activities are the subject of my amendment. I appreciate that the
report from the Interior, Environment, and Related Agencies
Appropriations Subcommittee references and directs funds to some work
on critical minerals. However, it does not refer to specifically to
Section 7002 of the Energy Act of 2020 or mention all aspects of the
program that section of law creates.
My amendment thus serves two purposes. First, its passage is intended
to reinforce congressional intent that the Department of Interior and
USGS should use funds the bill gives to carry out all aspects Section
7002 of the Energy Act of 2020 that are applicable to each and as
directed by that law. This includes developing and publishing a list of
critical minerals, coordinating with the Department of Energy to
establish and operate a Critical Materials Information Portal, and
working with the Department of Labor on a relevant workforce
challenges.
Second, my amendment adds $2,000,000 to the money USGS is already
provided for efforts on critical minerals to improve its ability to do
this vitally important work. This is the most that its budget could be
increased in this area above what is already provided in the underlying
bill within the confines of this appropriations legislation.
I urge all Members to support my amendment.
Mr. CROW. Mr. Speaker, I rise to recognize the importance of SCORE
and stand in favor of the amendment I introduced with Rep. Spanberger
to increase SCORE funding to $21.7 million.
Simply put, this amendment would help build businesses and create
jobs.
SCORE is the nation's largest network of volunteer, expert business
mentors, with more than 10,000 volunteers across 240+ chapters.
They offer free and confidential advice, and free or low-cost
educational workshops to current and aspiring small business owners.
Since 1964, SCORE has helped more than 11 million entrepreneurs to
start and grow their small business.
In FY20, SCORE helped its clients to start 45,027 new businesses and
create 74,535 new jobs.
It is estimated that this increased funding would help SCORE create
over 100,000 additional new businesses and/or jobs, beyond last year's
impact numbers.
Moreover, SCORE is cost-effective.
In 2020, SCORE clients generated $67.35 in new federal tax revenue
for every $1 appropriated to SCORE.
The need is urgent. As we continue to recover from the COVID
pandemic, we need to support entrepreneurs in building businesses and
creating jobs. Our response must meet the moment.
The SPEAKER pro tempore. Pursuant to House Resolution 555, the
previous question is ordered on the amendments en bloc, as modified,
offered by the gentlewoman from Connecticut (Ms. DeLauro).
The question is on the amendments en bloc, as modified.
The question was taken; and the Speaker pro tempore announced that
the ayes appeared to have it.
Mr. SIMPSON. Mr. Speaker, on that I demand the yeas and nays.
The SPEAKER pro tempore. Pursuant to section 3(s) of House Resolution
8, the yeas and nays are ordered.
Pursuant to clause 8 of rule XX, further proceedings on this question
are postponed.
Amendments En Bloc No. 6 Offered by Ms. DeLauro of Connecticut
Ms. DeLAURO. Pursuant to House Resolution 555, I offer amendments en
bloc.
The SPEAKER pro tempore. The Clerk will designate the amendments en
bloc.
Amendments en bloc No. 6 consisting of amendment Nos. 114, 115, 124,
127, 130, 132, 133, 134, 135, 143, 149, 157, 163, 170, 175, 181, 182,
207, 208, 210, 211, 212, 213, 214, 216, 217, 218, 219, 220, 221, 222,
and 226, printed in part B of House Report 117-109, offered by Ms.
DeLauro of Connecticut:
Amendment No. 114 Offered by Ms. Escobar of Texas
Page 373, line 19, after the dollar amount, insert
``(increased by $270,669,000)(reduced by $270,669,000)''.
Amendment No. 115 Offered by Mr. Gomez of California
Page 387, line 7, after the dollar amount, insert
``(reduced by $1,000,000) (increased by $1,000,000)''.
Amendment No. 124 Offered by Mr. Hoyer of Maryland
Page 440, line 21, after the dollar amount, insert
``(reduced by $4,000,000) (increased by $4,000,000)''.
[[Page H4080]]
Amendment No. 127 Offered by Ms. Jayapal of Washington
Page 387, line 3, after the dollar amount, insert
``(reduced by $1,000,000,000)(increased by $1,000,000,000)''.
Amendment No. 130 Offered by Mr. Levin of Michigan
Page 481, line 15, after the dollar amount, insert
``(reduced by $1,000,000) (increased by $1,000,000)''.
Amendment No. 132 Offered by Mr. McGovern of Massachusetts
Page 405, line 13, after the dollar amount, insert
``(increased by $2,500,000)''.
Page 449, line 8, after the dollar amount, insert
``(reduced by $2,500,000)''.
Page 450, line 13, after the dollar amount, insert
``(reduced by $2,500,000)''.
Page 450, line 18, after the dollar amount, insert
``(reduced by $2,500,000)''.
Amendment No. 133 Offered by Ms. Norton of District of Columbia
At the end of division D (before the short title), insert
the following:
TITLE IX--ADDITIONAL PROVISION
Sec. 901. None of the funds made available by this
division may be used by the Securities and Exchange
Commission to enter directly into leases for real property
for a headquarters.
Amendment No. 134 Offered by Ms. Omar of Minnesota
Page 373, line 19, after the dollar amount, insert
``(reduced by $1,000,000)(increased by $1,000,000)''.
Amendment No. 135 Offered by Ms. Omar of Minnesota
Page 379, line 19, after the dollar amount, insert
``(reduced by $1,000,000)(increased by $1,000,000)''.
Amendment No. 143 Offered by Mr. Blumenauer of Oregon
Page 584, line 23, after the dollar amount, insert
``(increased by $1,200,000)''.
Page 598, line 7, after the dollar amount, insert
``(reduced by $1,200,000)''.
Amendment No. 149 Offered by Ms. Escobar of Texas
Page 559, line 15, after the dollar amount, insert
``(increased by $1,000,000) (reduced by $1,000,000)''.
Amendment No. 157 Offered by Ms. Jackson Lee of Texas
Page 637, line 6, after the first dollar amount, insert
``(reduced by $5,000,000) (increased by $5,000,000)''.
Amendment No. 163 Offered by Mr. McNerney of California
Page 576, line 17, after the dollar amount, insert
``(reduced by $15,000,000) (increased by $15,000,000)''.
Amendment No. 170 Offered by Ms. Omar of Minnesota
Page 696, line 15, after the dollar amount insert
``(increased by $1,000,000) (reduced by $1,000,000)''.
Amendment No. 175 Offered by Ms. Ross of North Carolina
At the end of division E (before the short title) insert
the following:
Sec. __. None of the funds made available by this division
may be used to implement the Presidential Memorandum entitled
``Memorandum on the Withdrawal of Certain Areas of the United
States Outer Continental Shelf from Leasing Disposition''
(issued September 8, 2020) or the Presidential Memorandum
entitled ``Presidential Determination on the Withdrawal of
Certain Areas of the United States Outer Continental Shelf
from Leasing Disposition'' (issued September 25, 2020), with
respect to offshore wind leasing activities or review of
construction and operating plans.
Amendment No. 181 Offered by Ms. Speier of California
Page 637, line 12, after the first dollar amount, insert
``(increased by $5,000,000)''.
Amendment No. 182 Offered by Ms. Strickland of Washington
Page 636, line 12, after the dollar amount, insert
``(reduced by $1,000,000)(increased by $1,000,000)''.
Amendment No. 207 Offered by Ms. Bush of Missouri
Page 801, line 10, after the dollar amount, insert
``(decreased by $2,400,000)''.
Page 878, line 4, after the dollar amount, insert
``(increased by $2,400,000)''.
Page 878, line 13, after the dollar amount, insert
``(increased by $2,400,000)''.
Amendment No. 208 Offered by Ms. Bush of Missouri
Page 921, line 20, after the dollar amount, insert
``(reduced by $5,000,000)''.
Page 930, line 20, after the dollar amount, insert
``(increased by $5,000,000)''.
Amendment No. 210 Offered by Ms. Escobar of Texas
Page 829, line 7, after the first dollar amount, insert
``(increased by $10,000,000) (reduced by $10,000,000)''.
Amendment No. 211 Offered by Ms. Escobar of Texas
Page 801, line 10, after the first dollar amount, insert
``(reduced by $1,500,000)''.
Page 878, line 4, after the first dollar amount, insert
``(increased by $1,500,000)''.
Page 878, line 13, after the first dollar amount, insert
``(increased by $1,500,000)''.
Amendment No. 212 Offered by Ms. Escobar of Texas
Page 801, line 10, after the first dollar amount, insert
``(reduced by $1,500,000)''.
Page 878, line 4, after the first dollar amount, insert
``(increased by $1,500,000)''.
Page 881, line 18, after the first dollar amount, insert
``(increased by $1,500,000)''.
Amendment No. 213 Offered by Ms. Escobar of Texas
Page 908, line 6, after the dollar amount, insert
``(increased by $594,418,000)(reduced by $594,418,000)''.
Amendment No. 214 Offered by Mr. Gottheimer of New Jersey
Page 837, line 14, after the dollar amount, insert
``(reduced by $1,000,000) (increased by $1,000,000)''.
Amendment No. 216 Offered by Ms. Jackson Lee of Texas
At the end of division G (before the short title), insert
the following:
Sec. ___. None of the funds made available by division G
of this Act to the Department of Transportation may be used
in contravention of section 306108 of title 54, United States
Code.
Amendment No. 217 Offered by Ms. Jackson Lee of Texas
Page 910, line 7, after the dollar amount, insert
``(reduced by $1,000,000)''.
Page 910, line 14, after the dollar amount, insert
``(increased by $1,000,000)''.
Amendment No. 218 Offered by Ms. Jackson Lee of Texas
Page 801, line 10, after the dollar amount, insert
``(reduced by $1,000,000)''.
Page 802, line 25, after the dollar amount, insert
``(increased by $1,000,000)''.
Page 803, line 21, after the dollar amount, insert
``(increased by $1,000,000)''.
Page 804, line 2, after the dollar amount, insert
``(increased by $1,000,000)''.
Amendment No. 219 Offered by Ms. Jackson Lee of Texas
Page 864, line 25, after the dollar amount, insert
``(reduced by $1,000,000)(increased by $1,000,000)''.
Amendment No. 220 Offered by Ms. Jackson Lee of Texas
Page 802, line 25 after the dollar amount, insert
``(reduced by $1,000,000)(increased by $1,000,000)''.
Amendment No. 221 Offered by Ms. Jayapal of Washington
Page 961, line 15, after the dollar amount, insert
``(reduced by $3,420,000,000)(increased by $3,420,000,000)''.
Amendment No. 222 Offered by Mr. Jones of New York
Page 808, line 8, after the dollar amount, insert
``(reduced by $1,000,000) (increased by $1,000,000)''.
Amendment No. 226 Offered by Ms. Omar of Minnesota
Page 974, line 16, after the dollar amount, insert
``(reduced by $1,000,000) (increased by $1,000,000)''.
The SPEAKER pro tempore. Pursuant to House Resolution 555, the
gentlewoman from Connecticut (Ms. DeLauro) and the gentleman from Idaho
(Mr. Simpson) each will control 15 minutes.
The Chair recognizes the gentlewoman from Connecticut.
Ms. DeLAURO. Mr. Speaker, I yield myself 45 seconds. The en bloc
amendment includes a number of proposals offered by my Democratic
colleagues. It reflects our shared values of investing in the American
people to create good paying jobs, grow opportunities, and provide a
lifeline to the vulnerable.
I urge my colleagues to support the important proposals that are
contained in this amendment, and I reserve the balance of my time.
Mr. SIMPSON. Mr. Speaker, I reserve the balance of my time.
Ms. DeLAURO. Mr. Speaker, I yield 2 minutes to the gentleman from
Oregon (Mr. Blumenauer).
Mr. BLUMENAUER. Mr. Speaker, I appreciate the gentlewoman's courtesy
and I appreciate the work that has been done with the en bloc
amendment, that is, adopted a proposal that I had to fully fund the
$1.7 million in reoccurring annual appropriations to meet ongoing
operations and maintenance of in-lieu fishing sites along the Columbia
River.
Mr. Speaker, these are areas that had been fished by Native people
for a millennia. But with the construction of the dam projects, they
were flooded out. There was an obligation on our part to be able to
deal with these sites, some of which are used for year-round housing,
and the conditions are appalling in terms of lack of sanitation,
distressingly unset, not proper electricity, sewers, or water.
I am pleased that we are starting to address this opportunity to be
able to do right by these Native people. It is an obligation that is
long overdue. If you look at it, it is appalling. These are conditions
that one does not expect to see in the United States. These are people
who have fished in this area for
[[Page H4081]]
generations. They deserve to have the Federal Government meet its long
overdue obligations to restore those in-lieu fishing sites.
I appreciate the committee putting my amendment in the en bloc, and I
hope it will move forward so that we can finally square accounts with
Native people in these historic sites.
Mr. SIMPSON. Mr. Speaker, I reserve the balance of my time.
Ms. DeLAURO. Mr. Speaker, I yield 2 minutes to the gentlewoman from
Washington (Ms. Strickland).
Ms. STRICKLAND. Mr. Speaker, I thank the chair of the Appropriations
Committee for her hard work.
This is an opportunity for me to speak on behalf of my amendment
concerning the toxic chemical from tires, yes, the tires on cars,
trucks, and vehicles, that has a chemical that is killing coho salmon.
I thank also Representatives Kilmer and Schrier for their support of
this amendment and to the combined Washington State University and
University of Washington research team for their work on this critical
issue.
Late last year, this team found that a toxic chemical called 6PPD-
quinone runs off roadways and into streams when it rains, entering the
bloodstream of coho salmon and killing them.
Salmon are fundamental to the Pacific northwest culture and
especially for our Native American Tribes. David Troutt, the Director
of National Resources for the Nisqually Indian Tribe has said, ``In
1987, we were fishing 105 days a year. As of 2015, that number has
reduced to 8 days a year, and if the coho population continues to
decline, I am afraid 8 days will go down to no days, disconnecting our
community from the place they have been for 10,000 years.''
It is time for us to robustly fund research into this issue today. By
supporting my amendment, we are sending a message, that Congress is
committed to funding research at the scale to address it.
Mr. SIMPSON. Mr. Speaker, I reserve the balance of my time.
Ms. DeLAURO. Mr. Speaker, I yield 2 minutes to the gentlewoman from
Minnesota (Ms. Omar).
Ms. OMAR. Mr. Speaker, I am proud to have introduced four of the
amendments in this en bloc.
My first amendment would allow the Federal Government to start
researching new economic metrics that would take into account the well-
being of American families in a way that our current GDP measure does
not.
The second amendment addresses challenges posed by COVID to
remittances and how the Federal Government could better facilitate
these lifelines for fragile countries.
My T-HUD amendment makes sure the Federal Government is helping
manufactured housing communities cope with the pandemic.
And, lastly, my Interior amendment ensures that the NEA prioritizes
grants for projects that preserve civil rights art, such as the
projects within the George Floyd Memorial site in Minneapolis.
Thank you to the Appropriations Committee for including these
amendments that will help my district and many more.
Mr. SIMPSON. Mr. Speaker, I reserve the balance of my time.
Ms. DeLAURO. Mr. Speaker, I yield 1 minute to the gentleman from
Maryland (Mr. Hoyer), the majority leader of the House, and I thank him
for his kind remarks in his earlier presentation.
Mr. HOYER. Mr. Speaker, I repeat my admiration for the chair and the
work that she has done and the staff has done. I thank them very much.
I might say that the ranking member, who is speaking on this bill,
is, A, a dear friend of mine, and, very frankly, a gentleman who has
added real quality to this institution and real collegiality to this
institution. And I want you to know, Mr. Simpson, how much I appreciate
your service in the House of Representatives. You are my friend and a
great Member of the Congress.
Mr. Speaker, the amendment that I have offered is a result of my
sponsorship of the Help America Vote Act, in which I created a program
that we called the Help America Vote Act. However, when we got to the
end of the write-up of the bill, Bob Ney, who was the chairman of the
House Administration Committee, at that point in time I was the ranking
member, suggested that we use that phrase for the bill itself.
However, originally, the Help America Vote Act was a program which
would encourage colleges to have programs for their students so that
they would work on election day in polling places. No generation knows
these new electronic devices for voting better than the younger
generation.
And my thought was then, and is now, that we ought to encourage young
people, knowing not only the partisan politics that go on, but how
America runs its elections. So that is what I am trying to do here. I
have been encouraging, and we have appropriated money in the past for
this program.
{time} 1930
I want to thank my friend from Illinois (Mr. Quigley), who is not on
the floor, but a good friend of mine for his leadership on this
subcommittee. I thank him and the rest of the subcommittee members for
ensuring that the Financial Services and General Government
Appropriations Act contains robust funding for the Election Assistance
Commission. Bob Ney and I worked on creating that commission. It has
relatively limited powers, but it is a very important ally of local
election officials.
This funding for the EAC is critical to ensuring secure elections for
the American people. My amendment would take a portion of that funding,
some $4 million, and use it for the purpose of supporting the Help
America Vote Act College Poll Worker.
This program has been a top priority for me for two decades. At a
time when our elections are under stress from record turnout, the
deployment of new technologies, and the realities of the pandemic, we
need to recruit more young Americans to volunteer as nonpartisan poll
workers.
I think any of us who go to the polls--of course, all of us in this
room go to polls on a regular basis--we see an aging coterie of poll
workers. This would add, I think, a real component to the volunteers
that are available to our local election boards.
I know my election board has a tough time recruiting sometimes. You
are there a 14-, 15-hour day, and it is not necessarily the most
glamorous job in the world.
Traditionally, many poll workers in this country are older Americans.
We continue to benefit from their experience and expertise, of course.
They have much to teach younger Americans about how best to staff
polling places and oversee ballot counting. But with COVID-19, many
have taken a step back and are looking to train the next generation in
these skills.
The HAVA College Poll Worker Program is a critical tool, in my view,
in helping communities bring more young Americans into this public
service. Very frankly, I expect them to go to their dorm or their
neighborhood with their peers and say: Hey, I am going to work the
polls. You ought to come down and see me.
That would be a way to encourage younger people to get out and vote.
As poll workers, young Americans will bring their energy, their
enthusiasm, and their technology know-how to help our elections run
smoothly. It will also instill a love of democracy and voting in a new
generation of Americans who will see firsthand--and I am a big
proponent of in-person voting. I am a big proponent of mail ballots as
well, but I think going to the polls, seeing others there, seeing them
exercise their democratic franchise is an exciting and, frankly,
enriching experience.
Last year, I met with the presidents of colleges throughout the
University of Maryland system and worked with them to encourage
students to sign up as poll workers and to have programs which may be
either a half of a credit or part of a democracy course or a history
course or some sort of social studies course saying: This is how we
technically run elections, not partisan. This is how we just do it
technically, how Mike Simpson, Steny Hoyer, and Rosa DeLauro actually
vote on election day.
We don't know exactly how many more students volunteered in 2020
because there isn't funding for tracking that data and coordinating
these efforts. So, my concept is a college may
[[Page H4082]]
get a $20,000 grant to run a program for students on how to run an
election. It may be 3 hours in 1 week or something, not a long course.
With this program, more college students will have an opportunity to
learn how to get involved as nonpartisan poll workers so they can step
up and help make our country and our democracy stronger for years to
come.
Mr. Speaker, I thank Mr. Quigley, Chair DeLauro, and Ranking Member
Simpson for their help in this effort.
Mr. SIMPSON. Mr. Speaker, I continue to reserve the balance of my
time.
Ms. DeLAURO. Mr. Speaker, I yield 2 minutes to the gentlewoman from
Texas (Ms. Jackson Lee).
Ms. JACKSON LEE. Mr. Speaker, let me mention the amendments that I
have in en bloc No. 6. I will focus on a few of them.
I have Nos. 157, 216, 220, 219, 218, 217, amendments that I think
will make the legislation better but also help the American people and,
certainly, focus on issues that are impacting my district. But these
are universal matters that should be addressed.
My amendment increases and decreases funding for the Environmental
Programs and Management by $5 million to highlight the need to support
culturally competent Federal, State, and local public health and
environmental protection efforts to address cancer clusters impacting
overburdened communities in the Gulf Coast region. That includes Fifth
Ward and Kashmere Gardens, among others, in the northeast part of
Houston which have suffered because of creosote contamination,
Superfunds, railroads that have contaminated the soil. They have seen
the seismic increase of cancer among families. It is going through
generations. I have met these families, and they have had mothers,
fathers, children, grandchildren have cancer and die of cancer. This is
an important legislative amendment for me.
Amendment No. 216, very quickly, deals with the reckless utilization
of Federal dollars by the Texas Department of Transportation. We have,
by our community, filed 106 complaints against them. This amendment
indicates that you cannot put in place a transportation project that
has not been determined to meet the statutory and fiduciary obligations
of the National Historic Preservation Act. It pertains to I-45.
In addition, we provide funding or focus on motorcycle, urban
bicycle, and pedestrian safety. That is a challenge in the State of
Texas, and we have had a lot of injuries because of the lack of
sensitivity to that question.
In addition, we have a housing amendment and other amendments that
are very important to this legislation in my district.
Mr. Speaker, I rise in support of En Bloc Amendment No. 6 to Rules
Committee Print 117-12, which incorporates Jackson Lee Amendments Nos.
157, and 216-220.
I thank the Rules Committee for making these amendments in order and
Agriculture Appropriations Subcommittee Chair Price for including them
in this En Bloc Amendment.
Division E--Interior and the Environment
Jackson Lee Amendment #157 increases and decreases funding for
Environmental Programs and Management by $5 million to highlight the
need to support culturally competent federal, state, and local public
health and environmental protection efforts to address cancer clusters
impacting overburdened communities in the gulf coast region.
Division G--Transportation, Housing and Urban Development
Jackson Lee Amendment #216 prohibits the Department of Transportation
from using funds for Section 106 Transportation construction projects
in urban areas that have not been determined to meet the statutory and
fiduciary obligations of the National Historic Preservation Act.
Jackson Lee Amendment #220 increases and decreases the National
Infrastructure Investments account by $1,000,000 to emphasize support
for urban bicycle and pedestrian safety programs.
Jackson Lee Amendment #219 increases and decreases by $1 million the
Federal Rail Administration Safety and Operation's account to emphasize
the need to provide dedicated funding to address community engagement
on safety issues related railroad crossings in urban areas.
Jackson Lee Amendment #218 provides $1,000,000 in assistance to
address challenges faced by communities impacted by persistent poverty
and are not included in decision making when major highway construction
threatens their homes, businesses, and culturally significant
structures.
Jackson Lee Amendment #217 increases by $1,000,000 the Office of Fair
Housing and Equal Opportunity to address the fairness in the use of
Community Development Block Grant Disaster funding to repair or replace
single family homes damaged during Hurricane Harvey to ensure that
multigenerational homes can house the family at documented pre-disaster
capacity.
I urge all Members to vote En Bloc Amendment #6 and yield back my
time.
The SPEAKER pro tempore. The gentlewoman from California (Mrs.
Torres) now controls the time.
Mr. SIMPSON. Mr. Speaker, I continue to reserve the balance of my
time.
Mrs. TORRES of California. Mr. Speaker, I yield 2 minutes to the
gentleman from Illinois (Mr. Danny K. Davis).
Mr. DANNY K. DAVIS of Illinois. Mr. Speaker, I thank the Rules and
Appropriations Committee for bringing my amendment to the floor.
My amendment increases funding for the National Institute of Food and
Agriculture Research and Education Activities account by $2 million by
decreasing the Agriculture Building and Facilities account. I am
pleased that my colleague, Bobby Rush, co-leads this amendment with
me.
The goal of the amendment is to increase funding for the
Multicultural Scholars Program designed to increase the diversity of
the food and agricultural scientific and professional workforce.
Currently, the Multicultural Scholars Program receives only about
$945,000 a year. This level of funding is critically low, given the
current racial/ethnicity gaps in food and agricultural sciences and
given the fact that communities of color were disproportionately harmed
by the dual economic and health crises in our country.
For example, even though people of color represent nearly one-quarter
of the U.S. population, farmers of color comprise less than 4 percent
of owner-operators.
Similarly, about 75 percent of registered dieticians and
nutritionists are White. In contrast, only 4 percent of dieticians
identify as Asian; 3.3 percent as Latinx; 2.5 percent identify as
Black; 1 percent identify as Native Hawaiian-Pacific Islander; and 0.6
percent identify as American Indian or Native Alaskan.
My amendment is an important step to increasing grants to low-income
minority students who attend colleges and universities that serve high
percentages of individuals underrepresented in these fields.
Mr. Speaker, I thank the chairman for the opportunity to present.
Mr. SIMPSON. Mr. Speaker, I continue to reserve the balance of my
time.
Mrs. TORRES of California. Mr. Speaker, I yield 2 minutes to the
gentlewoman from California (Ms. Speier).
Ms. SPEIER. Mr. Speaker, I thank my friend and colleague from
California, the chair, for the opportunity to speak on behalf of this
amendment.
This would increase the funding for the San Francisco Bay restoration
from $25 million to $30 million, a small sum in the scheme of things
but huge in terms of its impact.
Over the last 200 years, 90 percent of the San Francisco Bay wetlands
have disappeared. If we don't act now, the damage will be irreversible
by 2030.
The San Francisco Bay estuary is the largest estuary west of the
Mississippi, yet it has been shortchanged in terms of resources.
Between 2008 and 2016, the Environmental Protection Agency invested
only $45 million in the San Francisco Bay. Conversely, Puget Sound
received $260 million and Chesapeake Bay $490 million. As you can see,
it has been shortchanged.
The funding wouldn't just benefit San Francisco. The bay supports 4
million jobs, supplying drinking water for 25 million people, and
provides irrigation for about one-half of the Nation's fruit and
vegetable production.
It is critical to all of us. We must invest now to save this
ecological treasure.
Mr. SIMPSON. Mr. Speaker, I continue to reserve the balance of my
time.
Mrs. TORRES of California. Mr. Speaker, I am ready to close. I
reserve the balance of my time.
Mr. SIMPSON. Mr. Speaker, I yield back the balance of my time.
[[Page H4083]]
Mrs. TORRES of California. Mr. Speaker, I urge my colleagues to
support this important proposal contained in this amendment, and I
yield back the balance of my time.
The SPEAKER pro tempore. Pursuant to House Resolution 555, the
previous question is ordered on the amendments en bloc No. 6 offered by
the gentlewoman from Connecticut (Ms. DeLauro).
The question is on the amendments en bloc.
The question was taken; and the Speaker pro tempore announced that
the ayes appeared to have it.
Mr. SIMPSON. Mr. Speaker, on that I demand the yeas and nays.
The SPEAKER pro tempore. Pursuant to section 3(s) of House Resolution
8, the yeas and nays are ordered.
Pursuant to clause 8 of rule XX, further proceedings on this question
are postponed.
Pursuant to clause 1(c) of rule XIX, further consideration of H.R.
4502 is postponed.
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